20071441 Ver 3_401 Application_20090409

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A? R jc! 2 0 ('r9 April 8, 2009
OFNR - WATER QUALITY S&EC #5-1925wx
l+`WIJDS AND S T UR'01,k'FR PRA 4,
Environmental Consultants,
-t • Concord, North Carolina 28025 • Phone: [phone] • Fax: (704)
US Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Steve Chapin
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
RE: Prosperity Village (Ridge Road) Apartment Site-Mecklenburg County, NC
Dear Mr. Chapin and Mrs. Karoly:
The attached information represents modified plans for the Prosperity Village (Ridge
Road) Apartment project in Charlotte, NC. The applicant received Nationwide Permit
approvals (Action ID# SAW-2007-02886/DWQ# 07-144lv2) based on prior plans. We
request the initial plans and approvals be withdrawn based on the attached submittal.
Since receipt of the aforementioned approvals, a flood analysis study, dam study and
sewer plans have been completed resulting in requests for modifications to the wetland
and stream impacts. A detailed 100+1 flood analysis was performed on the north-south
flowing stream originally proposed for impact by two road crossings. The conclusion of
the analysis indicated an increase in the 100-year water surface increasing elevation along
the stream. As a result, neighboring multi-family dwellings would be out of compliance
with the City of Charlotte requirements. In an effort to design the two road crossings in a
manner that would not increase the chance of flooding, several scenarios were analyzed
before project engineers determined no feasible solution for the Cottage Oaks Drive
crossing. That prior crossing (and subsequent stream impact) has been removed from
proposed plans. Based on the analysis results, and in order to physically tie into existing
Thomas Ridge Road, project engineers propose installation of a box culvert resulting in
increased stream impact compared to prior approvals.
Project engineers have redesigned the existing pond dam to meet dam safety standards.
As the proposed dam footprint has increased, existing wetlands and an intermittent
stream on the backside of the dam will be impacted. We request the aforementioned
impacts under a Nationwide Permit 3. Additionally, proposed wastewater disposal plans
via sanitary sewer have been finalized for the project. The applicant requests temporary
stream and wetland impacts related to sewer crossings under a Nationwide Permit 12.
This project will eventually involve the construction of apartment buildings and
supporting infrastructure including parking lots. However, at this time no final building
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Raleigh Office:
11010 Raven Ridge Road
Raleigh, NC 27614
Phone: [phone]
Fax: [phone]

plans have been prepared outside of proposed roads. No additional impacts to
jurisdictional features will result from the proposed apartment construction. The prior
401 Certification approval allowed for a phased approach with regards to storm water
plans for initial construction (e.g. roads) versus final build-out. Proposed storm water
management plans have been submitted to the City of Charlotte, a DWQ certified local
government, for review. Storm water plan approvals are expected in late April.
In total, permanent impacts of 298 linear feet of perennial stream, 0.21 acres of wetlands,
and .001 acres of open waters are requested under a NWP 29 permit. Proposed dam
maintenance impacts requested under NWP 3 include 72 linear feet of intermittent stream
and 36 square feet of wetland. Temporary sewer impacts requested under NWP 12
include 16 linear feet of stream and 0.02 acres of wetlands. Some of the proposed
impacts requested for the project will occur on adjoining property owned by the
Mulvaney Group. Agent authorization for Charter Properties and Mulvaney Group are
included with the submittal.
Proposed road culverts will be buried to allow for aquatic life passage. Proposed
permanent stream impacts associated with road crossings (NWP 29) require mitigation as
per USACE and NC DWQ site meetings. The project applicant has received an
acceptance letter from the EEP for mitigation payment (attached).
S&EC, PA has contacted USFWS as per current Nationwide Permit regional conditions
regarding the proposed project. A known population of Schweinitz's sunflower occurs
within 1 mile of the project according to USFWS. S&EC does not believe suitable
habitat occurs within the proposed impact areas (stream crossings).
PROJECT SUMMARY
Project Name Pros erit Village (Ride Road) Apartments
Project Type Residential
Owner / Applicant Charter Properties
Count Mecklenburg
Nearest Town Charlotte
Waterbod Name Stony Creek
Basin / Sub-basin Yadkin
Index Number 03040105
Class C
CURRENT
IMPACT SUMMARY
(Repair) (Temp)
NW29 NW3 NW12 Total
Stream Impact (acres): 298 72 16
Wetland Impact (acres): 0.21 .001 0.02
Open Water Impact (acres): 0.004 0 0
Total Impact to Waters of the U.S. (acres): .235 .001 .02 0.256
Total Stream Impact (linear feet): 298 72 16 386
PREVIOUS SUBMITTAL (APPROVED)
IMPACT SUMMARY
Stream Impact (acres): .02
Wetland Impact (acres): 0.174
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres): .0194
Total Stream Impact (linear feet): 296
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorizations
Aerial Photo of Site
USGS topo quad
USDA Soil Survey Map
Letter from Project Engineer
Impact Maps, Site Plans, Cross-sectional culvert views
NC EEP acceptance letter
Prior USACE 404 permit
Prior NC DWQ 401 permit(s)
NC State Historic Preservation Office
USFWS letter
NC NHP letter
USACE stream forms, Rapanos forms
DWQ stream forms
Wetland data forms
DWQ 401 fee
Please call if you have questions or comments regarding the information provided.
Sincerely,
Wendell Overby
NC Licensed Soil Scientist
NC Registered Forester
cc: USFWS-Asheville Office
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Office Use Only:
Corps action ID no.
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DWQ project no. 01-T441
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form

19, L
A. Applicant Information _
J
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 3, 12, 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
No For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ®No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Prosperity Village (Ridge Road) Apartments
2b. County: Mecklenburg r-
2c. Nearest municipality / town: Charlotte , y? \`fJ i Q i Li .
2d. Subdivision name: ?' s r
2e. NCDOTonly, T.I.P.orstate
project no:
3. Owner Information t ETLA%X: AND STORMA TER BRhNCK
3a. Name(s) on Recorded Deed: Charter Properties
3b. Deed Book and Page No. 23185-651 -
3c. Responsible Party (for LLC if
applicable): Jim Homan
3d. Street address: 1520 South Blvd, Suite 215
3e. City, state, zip: Charlotte, NC 28203
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Wendell Overby
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 248 LePhillip Ct
5d. City, state, zip: Concord, NC 28025
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 02931138
1 b. Site coordinates (in decimal degrees): Latitude: 35.3711 Longitude: - 80.7786
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 23.4 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Stony Creek (03040105)
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Site is undeveloped. Former single family home has been moved. Shopping center and residential development adjacent.
3b. List the total estimated acreage of all existing wetlands on the property:
0.5 acres wetlands (1.7 acres open waters-pond)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
485
3d. Explain the purpose of the proposed project:
Construction of residential apartments along with thoroughfare road and subdivision streets.
3e. Describe the overall project in detail, including the type of equipment to be used:
Construction of apartments and infrastructure, thoroughfare road and city streets. Heavy equipment for site prep/grading.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No
? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC
Name (if known): W. Overby (Agent) Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD received 10/2/2007
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE Action ID SAW-2007-02886 / DWQ 07-1441 ver 2
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
Phased in as much as the roads are planned for construction prior to the apartment buildings. No additional impacts.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
® Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Tem ora T
W1 ®P ? T NWP29; Fill; Road Riparian ® Yes
? No ® Corps
? DWQ 0.19
W2 ®P ? T NWP29; Fill; Road Riparian ® Yes
? No ® Corps
? DWQ 0.02

W3 ®P ? T NWP3; Fill; Dam
Repair
Riparian ® Yes
? No ® Corps
? DWQ
0.001
W4 ? P ®T NWP12;open cut;
Sewer Riparian ® Yes
? No ® Corps
? DWQ 0.02
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.231
2h. Comments: 0.21 acres of wetland impacts associated with NW 29 request
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404 width (linear
Temporary (T) (INT)? ,
other) (feet)
feet
)
S1 ®P ? T
Road WP29; Culvert:
N
UT Stony Creek
® PER
? INT
® Corps
? DWQ
3
178
S2 ®P ? T Ro Pd29; Culvert; UT Stony Creek ® PER
? INT ® Corps
? DWQ 3 120
S3 ® P ? T NRWpPa3; Fill; Dam UT Stony Creek ? PER
® INT ® Corps
? DWQ 3 72
S4 ? P ® T NWP12; open Cut; UT Stony Creek ® PER
? INT ® Corps
? DWQ 3 16
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P E] T F] PER ? Corps
? INT ?DWQ
3h. Total stream and tributary impacts 386
3i. Comments: S3 represents fill resulting from maintenance of existing pond dam requested under NW 3. S4 = temp sewer
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ®P ? T UT Stony Creek Fill; Rock Protection Pool 0.004
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.004
4g. Comments: Rock protection below OHWM (but not thalweg of channel). Rock not to extend above OHWM.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland

numb (acres)
er of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: 'Pond dam repair only. No new pond construction.
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporarv (T) im act required?
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts previously authorized; however site plans have changed. One former road crossing has been eliminated. Impacts
to pond associated with requirements for conversion to dam safety standards. No impacts to existing pond proposed.
Thoroughfare road impacts are minimum based on City of Charlotte storm water specs. Thomas Ridge Rd pipe size and
impacts due to projected flow volumes and requirement to match elevation of existing road. All road alignments set by
others (either existing or City plans).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Design calls for the use of headwalls to lessen impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

®Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Stream Quantity
3c. Comments: *No private mitigation banks are available, per DWQ website.
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 298 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If.buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWO)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes No
?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? Final plans will be >24 %
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Current stormwater management plan designed to treat road construction and site grading. Additional stormwater
management plan and facilities to follow for the final site plan (ie apartments). Prior DWQ approval conditioned General
Certification with phased stormwater approach. SMP to be authorized by City of Charlotte.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Charlotte
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Proposed project is surrounded by already constructed projects (shopping center and residential developments).
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater disposal via sanitary sewer. Construction of utility line to occur on property with temporary impacts requested.
City of Charlotte will ensure adequate capacity.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NHP and USFWS; S&EC has been in communication with USFWS and USACE to ensure compliance with Endangered
Species Act.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
USFWS
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
S&EC contacted SHPO regarding project location and they determined the project would have no potential effects on
historical properties/archaeological sites. See response letter.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? 7 ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
w eW Delo, ov&4, 4
Applicant/Agent's Printed Name Applicant/Agent's i nature Date
(Agent's signature is valid only if an autho tion letter from the applicant
is rovided.
Page 10 of 10
FEB. 24, 2009 9:33AM 7043334532 NO. 2472 P. 1
Name:
Addrea
Phone:
Environmental Consultants, PA
t • Concord, Notch Carolina 28025 • Phone: [phone] • Pax: [phone]
www.SmidEC.com
Project Name/Description; 'KI;?&e ifs
Date:
=? rD?$
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Steve Chapin
Field Office: Asheville
Re: Wetlands Related Consulting and Pernatiung
To Whom It May Concern:
I, the current o er owner, hereby designate and authorize Soil &r Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The day of
This notification supersedes any previous correspondence contenting the agent for this project,
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff You should call S&EC
to arrange a site meeting prior to visiting the site.
!S A9A.,k
rv OOM er acne r arty Owner's Sigr?attue
? wj 104*
cc: Mrs. Cyndi Karoly cc: Mr, Wendell Overby
NCDENR - DWQ Soil &- Environmental Consultants, PA.
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604-2260
Greensboro office: --
3817-P, l.awndale Drive 11010 Raven Ridge Road
Greensboro, NC 27455 Raleigh, NC 27614
Phone: [phone] Phone: [phone]
Fax [phone] Pax: [phone]
AGENT AUTHO=AIION FORM
All Blanks To Be FiJ.led In By The Current Landowner
MAR. 3.2009 10:29AM 7043334532
NO, 2538 P. 1?
JEnvironmental Consultants, PA
t • Concord, North Carolina 28025 4 Phone: [phone] • Nx. (704) 720_9406
www SMxWC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Pilled In B The Current Landowner
Name: M (A 1 Vt3 r)P V In l"1 m I i > . =.-YY'_ -
Address:
Phone:
fir., Cl?arl4b. IJC coda
Project Name/Description, t,?_
Date: 7
The Department of the Army
US. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
A,ttn, Steve Chapin
Field Office: Asheville
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current o er owner, hereby designate and authorize Soil &s Environmental
act in my behalf as my agent in the processing of permit applications, to furnish upon
s p]emental information in support of applications, etc, from this dap forward.
to
day of
This notification supersedes any previous correspondence conc6?g the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons is valid only for
government officials to enter the property when accompanied by S&HC s? I
o s ould call S&BC
to arrange a site meeting prior to visiting the site. r? Print Property Owner's ame

cc: Mrs. Cyndi Karoly cc: Mr. Wendell Overby
NCDENR - DWQ Soil & Environmental Consultants, PA.
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604-2260
Grrenshoro Office:
3817 B 1-awndele Drive R Igtt Office:
areen6boro, NC 27455 11010 Raven Ridge Road
Phone: [phone] Raleigh, NC 27614
Fax: (336) Sq0-5235 Phone: [phone]
Fax: [phone]
Mecklenburg County, North Carolina
POLARIS
Property Ownership Land Records Information System
Date Printed: Wed Mar 4 09:03:20 EST 2009
Charter Properties -Ridge Road
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This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information
contained herein.
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Name: DERITA Location` 035' 22' 23.4" N 080 46. 34.8" W
Date: 3/4/2009 Caption: Charter Properties
Scale: 1 inch equals 2000 feet Ridge Road
SHEET NUMBER 4
MECKLENBURG COUNTY, NORTH CAROLINA
22'30"
USDA Soil Survey of Mecklenburg County, North Carolina
Derita Quadrangle
Scale P= 2000'
TURNBULL • METZLER DESIGN
•
April 2, 2009
Mr. Wendell Overby
Soil & Environmental Consultants, PA
236 Le Phillip Ct NE,
Concord, NC 28025
Re, 07-085 Prosperity Village
Mr. Overby,
Please accept this letter as confirmation of our conversation regarding modifications to the
approved 401 Water Quality Certification for Prosperity Village Development (DWQ# 07-
1441V2) and USACE Action ID# SAW 2007-2886 permit. Those approvals allowed for the
impact of 0.174 acres of wetlands and 296 linear feet of unnamed stream to Stony Creek in
order to construct the Prosperity Village Development. The permit application and subsequent
information was based on the construction of three stream crossings. The crossings consisted
of a City of Charlotte Thoroughfare, Prosperity Ridge Road (149 LF of impact), a City of
Charlotte Collector, Thomas Ridge Road (80 LF of impact) and a City of Charlotte Local Road,
Cottage Oaks Drive (67LF of impact) with aforementioned wetland impact acreages.
Since receiving the approvals and per the requirements of the City of Charlotte a detailed
100+1 flood analysis was performed on the unnamed stream to Stony Creek. The conclusion
of the analysis was that an increase in the 100-year water surface elevation along the stream
would place existing neighboring multi family dwelling structures out of compliance with the
City of Charlotte requirements. In an effort to design Cottage Oaks Drive and Thomas Ridge
Road in a manner that would not increase the chance of flooding several scenarios using
traditional and bottomless culverts and bridge structures were analyzed. It was determined
that there is no feasible solution to the crossing at Cottage Oaks Drive and that the Thomas
Ridge connection could be achieved by the installation of a 4'x16' box culvert. The crossing of
Thomas Ridge would require additional stream disturbance than originally permitted.
During the City of Charlotte review and approval process revisions were required to the road
improvements to Ridge Road. Sidewalk and curb and gutter are required which will result in
the need to modify the existing City of Charlotte headwall. The modified headwall will also
accommodate a new public storm drainage outfall. These modifications will require 156 sft of
open water impacts.
The project also requires the construction of a City of Charlotte collector (Prosperity Village
Drive). This collector will involve the construction of a 72" RCP culvert. The culvert is
designed to safety pass a 50-year design storm. The culvert and associated riprap has been
designed per the requirements of the City of Charlotte Storm Water Design Manual.
Land 1owMoreheadSruare Aive Phone: 70¢-529-6500
Development Suite
530 Faz: 70¢-522-o882
Immediately upstream of the proposed culvert is an existing dam. The existing condition of the
dam warrants several maintenance items to be preformed. The downstream slope must be
reworked to a 2.5:1 slope and cleared of all existing vegetation. The slope will be seeded
stabilized and routinely maintained after being rework. The existing outlet structure will also be
modified in order to pass a 50-year design storm. The proposed primary outlet structure will
also incorporate a bottom. All maintenance to the existing dam shall be per the requirements
and recommendations of the North Carolina Department of Environment and Natural
Resources Dam Operation, Maintenance, and Inspection Manual.
Please refer to the attached wetland exhibits for a summary and quantities of stream and
wetland impacts.
Sincerely,
'4 ?%Z2
Bryan C. Metzler, PE
Managing Principal
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PROGRAM
March 26, 2009
Jim Homan
Charter Properties, Inc
1520 South Blvd Suite 215
Charlotte, NC 28203 Expiration of Acceptance: December 26, 2009
Project: Ridge Road Apartments County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. This letter extends your acceptance letter issued in May 2008; it is
our understanding that you are seeking modification of permits already issued. Please note that this decision does not assure that the
payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to
contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or
local government permits, regulations or authorizations associated with the osed activit includin L 2008-152: An Act to
Promote Compensatory Mitigation by Private Mitigation Banks
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit1401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP 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 to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.ncecp.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer 11
(Sq. Ft.)

Im
acts
Yadkin
03040105 Cold Cool Warm Riparian Non-Riparian Coastal Marsh
p 0 0 296 0.21 0 0 0 0
Credits Yadkin 03040105 0 0 592 0.42 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone] or Kelly Williams at
[phone].
Sincerely,
////., ao, ?- al?
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wedands/401 Unit
Steve Chapin, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Wendell Overby, agent
File
.stoY ... ... Pro" O"r .f-W&
W&A
NCDF'?IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-02886
County: Mecklenburg USGS Quad: Derita
SCANNEDs-m?s
Date: -Y•.?
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Charter Properties, Inc., Attn: John D. Porter, III
Address: 1520 South Boulevard, Suite 215
Charlotte, NC 28203
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Cottage Oaks and Thomas Ridge Road
Extensions, and Prosperity Village Thoroughfare proiect located between Ridge Road and future I-485; in
Charlotte
Description of projects area and activity: Impact 296 LF of UT's - Stony Creek and 0.174 acre of wetlanus for the
purpose of road construction in association with construction of a residential development.
MITIGATION:
In order to compensate for impacts to 296 linear feet of stream, the permittee shall make payment to the North
Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP sufficient to
perform the restoration of 296 linear feet of warm water stream in the Catawba River Basin Cataloging Unit
03040105.
Construction within iurisdictional areas on the property shall begin only after the permittee has made full
payment to the NCEEP and provided a copy of the payment documentation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the NCDENR and the Corps
of Engineers, Wilmington District, dated November 4,1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide 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.
Page 1 of 2
Corps Regulatory Official Steve Chapin Date: 10/2/07
Expiration Date of Verification: 10/2/09
The Wihnington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit hq://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The 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: Stony Creek>Mallard Creek>Rockv River>Yadkin River which is navigable-in-fact in at
Blewett Falls dam in N.C.
Appeals Information (This information applies only to approved jurisdictional determinations.)
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 Division
Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 12/2/07.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: Steve Chapin
Date 10/2/07
Expiration Date 10/2/2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
S&EC (Wendell Overby)
Page 2 of 2
?N A rF?'
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 14, 2007
DWQ# 07-1441 V2
Mecklenburg County
Mr. Jim Holman
Charter Properties, Inc.
1520 South Boulevard, Suite 215
Charlotte, NC 28203
Subject: Storm Water Management Plan Modification, Prosperity Village Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holman:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.174
acre of wetland and to impact 296 linear feet (If) of unnamed stream to Stony Creek in order to construct the
Prosperity Village Development in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on August 23, 2007 and subsequent information received on October 22,
2007.
Per agreement with the central office staff, condition #7 of the previously issued 401 Water Quality
Certification approval shall be modified. To expedite construction, the project shall be separated into two
phases for the purposes of obtaining and approving a storm water management plan for the whole project.
Phase I shall be the roadway/thoroughfare; Phase II shall be the remainder of the project
(apartments/residential area). A storm water management plan shall be approved prior to the initiation of
work for each phase. With the aforementioned modification, all other conditions of the 401 Water Quality
Certification (including condition #7 below) issued on October 22, 2007 remains valid and enforceable.
#7) 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 governing authority with approval submitted to DWQ)
before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3631. You
have the option of using the Express Review Program for expedited approval of these plans. If
you propose to use the Express Review Program, remember to include the appropriate fee with
the plan. The storm water management plan must include construction plans, specifications, storm
water BMP worksheets, and supporting calculations. The storm water best management practices
are required to be appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Storm water Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office) shall be
constructed and operational, and the storm water management plan (as approved by this Office)
shall be implemented. The structural storm water practices as approved by this Office as w°e 11 as
drainage patterns must be maintained in perpetuity. No changes to the structural storm w Carolina
aturallr?
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Wendell Overby
?y
wA rF
>' ?-
Michael 1. Easley, Governor
William G. Ross Jr., Secretary
North Carchna Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 22, 2007
DWQ# 07-1441 V2
Mecklenburg County
Mr. Jim Holman
Charter Properties, Inc.
1520 South Boulevard, Suite 215
Charlotte, NC 28203
Subject: Prosperity Village Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Bear Mr. Holman:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0,174
acre of wetland and to impact 296 linear feet (If) of unnamed stream to Stony Creek in order to construct the
Prosperity Village Development in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on August 23, 2007 and subsequent information received on October 22,
2007. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3631, which can be viewed on our web site at
htto://h2o.enr.state. nc uslncwetlands/regcert htm1), The General Certification allows you to.use Nationwide
Permit !dumber 29 once it is issued to you by the U. S. Army Corps of Engineers. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter, and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the fallowing conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including the crass
section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed
benches) above and below locations of each culvert. If any of the existing pipes are or become perched, the
appropriate stream grade shall be re-established or, if the pipes installed in a perched mariner, the pipes shall
be removed and re-installed correctly.
1 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.
Cam
VNorth Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Int mat Kwatarqulaity.org FAX [phone]»877-623-6748
An Equal opportunitwAffir mauve Action EmpWyer - 50!x, Regded ri o% :post Consumer paper
4. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a restoration fund.
You have 60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 296 feet Yadkin 3040105
Wetlands acres
Waters acres
5. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by the DWQ.
6. 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.
7, 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 governing authority with approval submitted to DWQ) before the impacts specified in
this Certification occur per Condition No. 4 in GC No. 3631. 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 grater best management practices are required to be appropriate for the surface water classification
and designed to remove at least 85% TSS according to the most recent version of the NC DENR Storm
water Best Management Practices Manual. These facilities must be designed to treat the runoff from the
entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be
constructed and operational, and the storm water management plan (as approved by this Office) shall be
implemented. The structural storm water practices as approved by this Office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural storm water practices shall be made without
written authorization from the Division of Water Quality.
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
9. 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 shalt be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.

10, Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NO Division of Water Quality. Please send photographs of
the upstream and downstream sales of each culvert site to document correct installation, along with the
Certificate of Completion farm.
11. Continuing Compliance. The applicant (Charter Properties, Jim Holman) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated' or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.G504. 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 1508 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,
"4_
for Coleen H. Sullins
Attachments: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Wendell Overby
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Lill.icoa Street
Asheville. North Carolina 28801
March 16, 2009
Mr. Wendell Overby
S&EC
248 LePhillip Court
Concord, North Carolina 28025
Dear Mr. Overby:
Subject: Site Assessment for the Development of a 23 Acre Ridge Road Site, located
northeast of Charlotte, in Mecklenburg County, North Carolina
In your letter dated February 25, 2009, you requested our comments on the subject
project. We have reviewed the information you presented and are providing the
following comments in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description - Your letter does not include a description of the project or any
potential impacts. It is difficult for us to give a detailed assessment without a complete set
of plans that includes the exact location of the project and specific details regarding
project plans and construction techniques. We are aware that multiple aquatic resource
areas exist within the project boundaries. The purpose of this letter is only to inform you
of federally listed species that occur within the geographical area indicated on the map you
sent, and we have included a detailed list of information that will be required for us to
fully assess the potential direct, indirect, and cumulative impacts of any
construction/development projects in this area.
Federally Listed Species - Based on the project location and pictures obtained from the
Mecklenburg County GIS web site, there appears to be suitable habitat for the federally
endangered Schweinitz's sunflower (Helianthus schweinitzii). This plant has been found
within a few miles of the project site. The project site contains a field, roadsides, and
open woodland areas, all of which are suitable habitat for Schweinitz's sunflower.
Schweinitz's sunflower occurs in relatively open habitats-road, power line, and other
maintained rights-of-way; early successional fields; forest ecotonal margins; forest
clearings; etc. The species thrives in full sun but also grows in the light shade of open
stands of oak-pine-hickory. Schweinitz's sunflower generally occurs on soils
characterized as moist to dryish clays, clay-loams, or sandy-clay loams that often have
high gravel content. The species is known from a variety of soil types, including Iredell
(Fine, Montmorillonitic, Thermic Typic Hapluduff), Enon (Fine, Mixed, Thermic Ultic
Hapludalf), and Cecil (Clayey, Kaolinitic, Thermic Typic Hapludult). Your letter does
not indicate whether surveys have been conducted for this or other rare plant species
within the project impact area. Unless an area has been specifically surveyed for this
listed species or no appropriate habitat exists, a survey should be conducted to ensure that
this species is not inadvertently lost. Schweinitz's sunflower is difficult to identify at any
time, but even more so outside the flowering season of late August to October, so we
recommend that surveys for this species be conducted during this period. In accordance
with the Act, it is the responsibility of the appropriate federal agency or its designated
representative to review its activities or programs and to identify any such activities or
programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated.
Fish and Wildlife Resources - We are concerned about the potential direct, indirect, and
secondary impacts that could occur to the streams, wetlands, and forested areas on the
subject property. It is important that you minimize or avoid impacts to the aquatic
resources located on the property. We remind you that a Clean Water Act 404/401
permit application (from the U.S. Army Corps of Engineers) must be submitted if streams
or wetlands will be impacted. Any Clean Water Act 404/401 permit applications should
clearly show why impacts are unavoidable and how impacts that are unavoidable have
been minimized. Unavoidable impacts will require mitigation.
At this stage of project development and without more specifics about construction
locations and techniques, it is difficult for us to assess potential environmental impacts
(direct, indirect, and cumulative). We therefore recommend that any environmental
document prepared for this project include the following (if applicable):
1. A complete analysis and comparison of the available alternatives (the
build and no-build alternatives).
2. An assessment of any development that will impact the 100-year
floodplain.
3. A description of the fishery and wildlife resources within existing and
required additional rights-of-way and any areas, such as borrow areas,
that may be affected directly or indirectly by the proposed project.
4. The acreage and a description of the wetlands that will be filled as a
result of the proposed project. Wetlands affected by the proposed
project should be mapped in accordance with the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands. We recommend
contacting the U.S. Army Corps of Engineers (Corps) to determine the
need for a Section 404 Clean Water Act permit. Avoiding and
minimizing wetland impacts is a part of the Corps' permitting process,
and we will consider other potential alternatives in the review of any
permits.
5. The extent (linear feet as well as discharge) of any water courses that
will be impacted as a result of the proposed project. A description of
any streams should include the classification (Rosgen 1995, 1996) and
a description of the biotic resources.
6. The acreage of upland habitat, by cover type, that will be eliminated
because of the proposed project.
7. A description of all expected secondary and cumulative environmental
impacts associated with this proposed work. The assessment should
specify the extent and type of development proposed for the project
area once the work is complete and how future growth will be
maintained and supported with regard to sewer lines, water lines,
parking areas, and any proposed roadways.
8. A discussion about the extent to which the project will result in the
loss, degradation, or fragmentation of wildlife habitat from direct
construction impacts and from secondary development impacts.
9. Mitigation measures that will be employed to avoid, eliminate, reduce,
or compensate for habitat value losses (wetland, riverine, and upland)
associated with any phase of the proposed project.
We appreciate the opportunity to provide these comments. If we can be of assistance or
if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our
staff at 828/258-3939, Ext. 240. In any future correspondence concerning this project,
please reference our Log Number 4-2-09-186.
Sincerely,
Brian P. Cole
Field Supervisor
03-09-'09 16:08 FROM-NC GEODECTIC SURVEY 9197334407
?.
?.?.
0
CCDENR
T-452 P001/002 F-963
North Carolina Department of Environment and Natural Resources
Division of Natural Resources Planning and Conservation
Beverly Eaves Perdue Linda Pearsall
Governor Director
March 9, 2009
Mr. Wendell Overby
Soil & Environmental Consultants, PA
248 LePhillip Court-
Concord, NC 28025
Via Fax: [phone]
Subject: Ridge Road Site, Charlotte, NC
Dear Mr. Overby:
Dee Freeman
Secretary
Post-it' Fax (dote 7671 Date 3 1 Oq pages I-
T* tl.n?/y? 0? eJ' From 14. AGAS7t2.oAC,
CoJDept. co. IV(- N H P
Phone a Phone # °f tq . 715 - -+$ o
Fax* -:?D6t - I20 -? 9 410 f 0 Fax x
The NC Natural Heritage Program has one record of rare species within one mile of the project site as shown
on the map accompanying your letter dated February 25, 2009. This species is Schweinitz's Sunflower
(Helianthus schweinitzii), US Endangered, NC Endangered. Two populations are located in a subdivision on
Ridge Road about 1.25 miles west of the Beard Road/Ridge Road intersection. The southern population is
within the NC DOT right-of-way and both are on private property. Schweinitz's Sunflower is known to take
advantage of conditions that create openings in the canopy, including manmade disturbances such as
roadsides and utility corridors. These species often persist in degraded habitat with an open canopy and
periodic disturbance such as mowing. If your project area includes such habitat, surveys for these species are
recommended. You may wish to consult directly with the NC Plant Conservation Program if direct or
indirect impacts are expected to affect rare species habitat.
The NC Natural Heritage Program does not maintain a database of Essential Fish Habitat as requested in
Section F, number 6 of the USACE Pre-Construction Notification form. We suggest that you consult directly
with the USFWS for this information.
You may wish to check the Natural Heritage Program database website at www.nenhp.org for a listing of
rare plants and animals and significant natural communities in the county and on the quad map. Our
Program also has a new website that allows users to obtain information on element occurrences and
significant natural heritage areas within two miles of a given location:
<httR://nhpweb.enr.state.nc.us/nhis/public/gmalD75 main phtm>. The user name is "public" and the
password is "heritage". You may want to click "Help" for more information.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.oneNCNaturally.org
An Equal Opportunity t Affirmative Acdon Employer
Qne
NorfhCarolina
?aturr?llt?
Nomol Resources Plenrinp and {onseanan
03-09-'09 16;08 FROM-NC GEODECTIC SURVEY 9197334407
T-452 P002/002 F-963
NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific
information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural
Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species
name), and the data user is then encouraged to contact the Natural Heritage Program for detailed information.
This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP
workroom or waiting for the Information Request to be answered by NHP staff. For more information about
data formats and access, visit <www.nconemap.com>, then click on "FTP Data Download", and then
"nheo.zip" [to the right of "Natural Heritage Element Occurrences"]. You may also e-mail NC OneMap at
<datagAncmail.net> for more information.
Please do not hesitate to contact me at 919-715-7808 if you have questions or need further information.
Sincerely,
Katie Armstrong, Natural Area Specialist
NC Natural Heritage Program
5w>F4 oCANNED
Date: 5 -l q as . w
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
March 19, 2009
Wendell Overby
Soil & Environmental Consultants, PA
248 LePhillip Court
Concord, NC 28025
Re: Ridge Road Site, Charlotte, Mecklenburg County, ER 09-0363
Dear Mr. Overby:
Thank you for your letter of February 25, 2009, concerning the above project.
Office of Archives and History
Division of Historical Resources
David Brook, Director
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
Sandbeck
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599
USACE AID# DWQ # Site # (indicate on attached map)
STREAM QUALITY ASSESSMENT WORKSHEET
M
Provide the following information for the stream reach under assessment:
1. Applicant's name: 2. Evaluator's name:
?E` r
3. Date of evaluation: z?-iZOZ 4. Time of evaluation:
5. Name of stream: U1 51,6-4 G K 6. River basin: ` f1 VV- f
7. Approximate drainage area: 'y/5-4- 8. Stream order: 15'11
9. Length of reach evaluated:- _ - c?5-z> 10. County:- yn C-Z ILGLy /3 +/2
11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if
- any):
Latitude (ex. 34.872312): 353J, (' Longitude (ex. -77.556611): y' 7-79p
Method location determined (circle): ® 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):
! CCe- ?9 7 c? P-/A- F57
14. Proposed channel work (if any):- ltU S 7 /t Z ( n? ?? r? Of C lat v es ( `ry g- PC>Ai5 Xi-I r
15. Recent weather conditions:- r7 f Z114
16. Site conditions at time of visit:
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? Za NO If yes, estimate the water surface area: " ZAr-
19. Does channel appear on USGS quad map? dD NO 20. Does channel appear on USDA Soil Survey? Q9 NO
21. Estimated watershed land use: % Residential _% Commercial _% Industrial _% Agricultural
I % Forested % Cleared / Logged % Other ( 6-7 )
22• Bankfilll width: .5 - 23. Bank height (from bed to top of bank): 3.5-r
24. Channel slope down center of stream: Flat (0 to 20/6) ? Gentle (2 to 4%) Moderate (4 to 100/6) -Steep (>10%)
25. Channel sinuosity: 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): 55 Comments:
Evaluator's Signature lJw`? Date
This channel evaluation form is int ded to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by th nited 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
1 _ Presence of flow /persistent pools in stream

no flow or saturation 0, kro "'flow = "max rots 5

0 0-4 0-5

f
1
2 , ; ;; Evidence of past human alteration

extensive alteration= 0;'n6 alteration= max points) 0-6 0-5 0-5
3 Riparian zone
no buffer = 0• conti ?ous wide buffer = max points) 0-6 0 4
. - 0 - 5
4 Evidence of nutrient or chemical discharges .
extensive discharges = 0• no discharges = maid points) 0-5 0-4 0-4
` j
K
5 Groundwater discharge
no discharge = 0• springs, see s- wetlands etc. = max ints 0-3 0-4 0-4

6 Presence of adjacent floodplain
no floo lain= 0• extensive flood lain = max points) 0-4 0-4 0-2
2
7 Entrenchment / floodplain access

(deeply entrenched = 0• frequent flooding = max points) 0-5 0-4 0-2

8 Presence of adjacent wetlands
no wetlands = 0 a adjacent wetlands = max pints 0-6 0-4 0-2
3
9 Channel sinuosity
extensive channelization = 0; natural meander = max points) 0-5 0-4 0-3
10 Sediment input
extensive deposition- 0• little or no sediment = max rots 0 - 5 0 - 4 0 - 4

a
11 Size & diversity of channel bed substrate
.r
„? . (fine, homogenous = 0° a diverse sizes= max rots CFA* 0 -4 0-5
12 Evidence of channel incision or widening
(deeply incised = 0• stable bed & banks --.max points 0 - 5 0 - 4 0 - 5 365
13 Presence of major bank failures -

m
severe erosion = 0 no erosion, stable banks = max rots 0-5 0-5 0 -5
14 Root depth and density on banks
no visible roots = 0; dense roots throughout = max rots 0-3 0-4 0-5
S
15 Im act by agriculture,
p __ y griculture, .livestock, or timber production
substantial ' act no evidence = max points 0 - 5 0 - 4 0-5
16 Presence of riffle-pool/ripple-pool complexes
no riffles/riles or ` is = 0• well-develo _ max rots 0-3 0-5 0 -6
a s'
17 Habitat complexity
flittl e or no habitat = 0• fre 'e varied habitats = max rots 0-6 0-6 0-6
3
18 Canopy coverage over streambed
shading vegetation = 0• continuous canopy = max Mints) 0-5 0-5 0-5
19 Substrate embeddedness y3d?`
(deeply embedded = 0; loose stricture = coax 0 - 4 0 - 4 2, ?
20 Presence of stream invertebrates (see page 4)

no evidence = 0- common, mimerous types = max rots
0-4
01-5
0-5 _

5
21 Presence of amphibians
no evidence = 0; common, numerous types = max points 0 - 4 0 - 4 0 - 4
22 Presence of fish : .
evidence _
no 0• common, mimerous s= max points 0- 4 0- 4 0- 4

23 Evidence of wgdbfe use
no evidence = 0 abundant evidence := max rots 0 - 6 0 - 5 0 - 5 2
WEI
-,?
* These characteristics are not assessed in coastal streams.
2
USACE AID#
DWQ # Site # (indicate on attached map)
STREAM QUALITY ASSESSMENT WORKSHEET
Provide the following information for the stream reach under assessment:
1. Applicant's name:
3. Date of evaluation: 2-h3/0 7
5. Name of stream: 07' Y70A?X
7. Approximate drainage area: 4C.0- ES
9. Length of reach evaluated:
11. Site coordinates (if known): prefer in decimal degrees.
2. Evaluator's name: Uv. e)WAO
4. Time of evaluation:
6. River basin: T"411)
-AQP
8. Stream order: IS-"
10. County: MEGk
12. Subdivision name (if any
Latitude (ex. 34.872312): 35, 3-703 N Longitude (ex. -77.556611): SD. :Z7 9f( G PV
Method location determined (circle): . P 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):
599- 477P1C1'y6:D I,tS?S m Ie°
14. Proposed channel work (if any) L'vL? 9 pj? S-7/l ZC49, AI
15. Recent weather conditions:
16. Site conditions at time of visit:-- DiZY
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? ''ES ENO If yes, estimate the water surface area: Z AG.
19. Does channel appear on USGS quad map? <0 NO 20. Does channel appear on USDA Soil Survey? (?O NO
i
21. Estimated watershed land use: ® % Residential h5 % Commercial _% Industrial _% Agricultural
'% Forested _% Cleared / Logged 199 % Other ( O/? )
22. Bankfull width: 3 23. Bank height (from bed to top of bank):
24. Channel slope down center of stream: Flat (0 to 2%) Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%)
25. Channel sinuosity: 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): Comments: ?/4&7j S'y/LC-rg jy1, ?N S7 1? 8?,h„?,
'e ?"7 ?? SEn i5 rc m?OS of t7EV I-OV7„- ei?J ?i,CfiSN t btqlt,
Evaluator's Signature L1J V? Date
This channel evaluation form is inte ed to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the nited 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
'
n
Prese
ce of.flow I persistent` pools in stream
rio flow or saturation = 0; strongr flow = max points
-5
0 Q
-4 0 -$'
2 Evidence of past human alteration
extensive alteration = 0. no alteration = max points) 0 - 6 0 - 5 0 - 5
Riparian zone
no buffer = 0; contiguous, wide buffer = max points) 0 - 6 Q 5
4 Evidence of nutrient or chemical discharges
(extensive discharges = 0; no disehar es=max. pints , 0' S 0 - 4 0 -4
5
' Groundwater, discharge

(no discharge = 0, spnngs, see )s, wetlands, etc. = max; oints 0--3 0-4 0-4 a

t-t} 6 Presence of ad}acent fl"oodplain
no flood lain = 0•; extensive flood lain= max points) - 4
P Q - 4 0 -
r. = 7 Entrenchment [-floodp' lain access
{deeply entrenched = 0; frequent floodinZ= max points) O
- e 0 -4' 0 -
2
8 Presence of adjacentivetlands
(no wetlands 0; large adjacent wetlands = max points) 0-6 0-4 0-2
F .9 = Channel sinuosity
extensive channelization 0 natural meander = max points) 0 - S 0 - Q - 3' /
lU ':. Sediment input_
a
(extensive de o.6 ion= 0;' little or no sediment = max points)
Q -
0,- 4
0 - 4
2-
Size & diversity of channel bed substrate ,
fine; homaenous = O; large, diverse sizes= max p 0-4 0-5
Evid`ence.of;channel 'incision orwidening
(dee lv incised = b; stable bed & banks= max points) Q - 5 0 - 4 0 - 5
13 Presence of major bank failures
_ (severe erosion = 0;-no erosion, stable banks = max points) 0 - 0 - 5 0 - 5
l4 Root depth and density on banks

visible roots = O dense roots throughout = max points) -3
Q 4
0 -
0 - 5
?rJ
1S Impact by agriculture, livestock, or timber production
(substantial impact =0; no evidence = max points)
0-5
0-4
0-5

lb Presence of riffle-pooUripple-pool complexes
no riffleslri les or pools = 0; well-developed = max points) 0 -' 0 - 5 0 - 6. 3

17 Habitat complexity
j,
6
0
-
l
tittle or. no habitat = 0 fre vent, varied habitats = max points) - Q - 6 6
0

18 - Canopy coverage"over streambed

no shadint, vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5
l9
a Substrate embeddedness
(dee
ly embedd
d = O
, l
t
c
'
h'A
4

- 4

r4
p
e
;
oose s
ru
ture = max)
a
f
r
2a resence o
st
eam: invertebrates (see,page 4)
",, -
"
u no ev dence = 0 .co'mm6n, numerous tv es.= max points 0 - 4 0 ` $ 0 St

22 Presence of amphibians
(no evidence = 0; common, numerous tv es = max Dints) 0 - 4 0.- 4 0 -4
22 Presence of fish
no evidence= 0, common, numerous ri es = max points 0 - 4 Q - 4 0= 4

Evidence of'wildlife.use
nw dence?.-sQ?,abundanteuid ttnax" _ ints
0-6
0.-5'
01-

ys
* These ch arantarictirc ?rA „?,r ? e.7 : ,.t _
?.. ?......v ..a vvuJLUa JLl lia111J.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Prosperity Village Road
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (]at/long in degree decimal format): Lat. 35.3703° , Long. 80.77980 W.
Universal Transverse Mercator:
Name of nearest waterbody: Stony Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
? Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
[] Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There re no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
? Waters subject to the ebb and flow of the tide.
] Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
TNWs, including territorial seas
? Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 901inear feet: 3width (ft) and/or.006 acres.
Wetlands: 0.3 acres.
c. Limits (boundaries) of jurisdiction based on: 18 7 D,elineation 111;aal'
Elevation of established OHWM (if known): .
2. Non-regulated waters/wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
s For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbodya is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Fick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW
? Tributary flows directly into TNW.
? Tributary flows through ickList tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pict: List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pic: Lis. Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil. ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: k List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW•
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: PickList.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: tick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: USACE stream form attached. .
{ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: On site visits to stream feature (0004312) in spring and summer has resulted in evidence of flow each visit.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 90 linear feet 3width (ft).
Other non-wetland waters:.006 acres.
Identify type(s) of waters: Perennial stream (RPW).
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
?, Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland located immediately adjacent to RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.3 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
,? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
,? which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanas.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet -width (ft).
Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
El Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24000 Derita.
USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Cottage Oaks/Thomas Ridge Roads
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3703° , Long. 80.7798° WV
Universal Transverse Mercator:
Name of nearest waterbody: Stony Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
? Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
?] Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
H Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
[ TNWs, including territorial seas
[? Wetlands adjacent to TNWs
? Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
[j Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 4001inear feet: 3width (ft) and/or.027 acres.
Wetlands: 0.14 acres.
c. Limits (boundaries) of jurisdiction based on: 191,47 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):;
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 2f acres
Drainage area: 25 acres
Average annual rainfall: 45 inches
Average annual snowfall: I inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through =Pick List tributaries before entering TNW.
Project waters are 10-I5 rig or miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 5-10 aerjA (straight) miles from TNW.
Project waters are I (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Stony Creek-Mallard Creek-Rocky River.
Tributary stream order, if known: 1.
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying,.e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply).
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth:.5 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
? Silts ® Sands
® El Concrete
Cobbles
® Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks). Explain: Urban stream, erosive & unstable banks.
Presence of run/riffle/pool complexes. Explain: Presence of riffle/pool complexes identified in field.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
® changes in the character of soil ?
® shelving
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water appeared discolored, trash in stream, urban environment.
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: One salamander identified.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:.014 acres
Wetland type. Explain:Riparian.Mostly hardwood species in drainageway.
Wetland quality. Explain:Low.Little stratification of few species Development close by. Sparce vegetation density.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Ephemeral flog. Explain:
Surface flow is: Overland sheetflow
Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW•
? Directly abutting
® Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
® Separated by berm/barrier. Explain: Small berm separates RPW to wetlands.
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the 5 - 10-year floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: No inundation identified.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain: Hardwood spp (sweetgum/elm).75% cover.
® Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:Birds or small mammals could utilize buffer.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis:
Approximately ( .014 ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
N .014
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: The tributary in combination with the wetland has the capacity to reduce floodwaters and provide habitat.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
7-1 Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: USACE stream form attached. .
Z' Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: On site visits to stream feature (flags 1-24) in spring and summer has resulted in evidence of flow each visit.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 400 linear feet 3width (ft).
Other non-wetland waters:.027 acres.
Identify type(s) of waters: Seasonal perennial stream (RPW).
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III. C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland occurs 25' off RPW on site but has a hydraulic connection to RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.14 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.014 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters."
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
[] Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section III.13.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
? Wetlands:
acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
Judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
j? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24000 Derita.
USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
Identify type(s) of waters:
B. ADDITIONAL COMMENTS TO SUPPORT JD:
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 212-T IO7 Project: C+.4,eT,* Latitude: $S. 3703 Al
Evaluator: o%/ Site: Longitude:
fty PwPAttyf vIiC4ow &? M N/
Total Points:
Stream is at least intermittent County: Mt Other
if ? 19 or perennial if ? 30 3 ?' Jr ' ,` c?? e.g. Quad Name: Mem

A. Geomorphology (Subtotal = 15•' )
1a. Continuous bed and bank Absent
0 Weak
1 Moderate
2 Strong
C3)
2. Sinuosity 0 1 2 3
3. In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 3
5. Active/relic floodplain 0 1 3
6. Depositional bars or benches 0 2 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 0 2 3
9 a Natural levees 0 1 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0. 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existinq
USGS or NRCS map. or other documented
evidence.
No
Yes = 3
B_ Hvdrnlnnv (Ruhtntal = 9 l
14. Groundwater flow/discharge 0 1 2
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 0 1 Q
3
16. Leaflitter 1 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines:)= 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes =
C. Bioloav (Subtotal = "1
20 . Fibrous roots in channel
' 3 1 0
21
. Rooted plants in channel 3 1 0
22. Crayfish 0 0. 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0.5 1 1.5
25. Amphibians 0 0. 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0. 1 1.5
27. Filamentous algae; periphyton 1 2 3
28. Iron oxidizing bacteria/fungus. 0 1 1.5
29'. Wetland plants in streambed
I}amc 7n '9nA 79 fn. .• 4,6. FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other =
--- -- - -r•-••? r... .?, «??? 1v? uxa un ilia presence or aquauc or weuana plants.
Notes: (use back side of this form for additional notes.) Sketch:
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: !123/07
Evaluator: ) V ?l y
Total Points:
Stream is at least intermittent
if z 19 or perennial if z 30 32
Project: 1o 6 r /Zj-*v
Site: Er3sz 57rt.??
County:
rn EGA
Latitude: -35. 3703 11J
Longitude: S©, 1718 w
Other
e.g. Quad Name: pC-14 -7A
B. Hydrology Subtotal = 7. S
14. Groundwater flow/discharge
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season
16. Leaflitter
17. Sediment on plants or debris
18. Organic debris lines or piles (Wrack lines)
19. Hydric soils (redoximorphic features) present?
C. Biology (Subtotal
zo_. Fibrous roots in channel
21b
Rooted
lants in ch
l 3 . 1 0
.
p
anne
22
Crayfish 3 ® 1 0
.
23
Bivalves 0 1 1 5
.
24
Fish 1 2 3
.
25
Amphibians 0 0.5 1 1.5
.
26. Macrobenthos (note diversity and abundance)
27. Filamentous al
ae;
ed-h
t 0
0 0.5 1
1 1.5
1.5
g
p
y
on
28. Iron oxidizing bacteria/fungus.
29 . Wetland plants in streambed

FAC FA 1
0.5
CW = 0.75; OBL 2
1
= 1.5 SAV = 2. 3
1.5
0' Other = n
0 1 3
0 2 3
1.5 0.5 0
0 0.5 1 1.5
0 0.5 1.5
No = 0 Yes 1.5
„-- ally a iuu- un me presence of upland plants, Item 29 foes on the presence of aquatic or wetland plants.
Notes: (use back side of this form for additional notes.) Sketch:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Ridge Road Date: 2/23/2007
Applicant/Owner: Charter Properties County: Mecklenburg
Investigator: Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Fallow field
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Upland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species
- Stratum Indicator
Pinus taeda Tree FAC
Andropogon virginicus Shrub FAC-
Liriodendron tulipifera Tree FAC
Ulmus alata Tree FACU
Juniperus viminiana Tree FACU-
Lipuidambar stwaciflua Tree FAC+

I Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-):
Remarks:
Dominant Plant Species
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator I
50%
iYDROLOGY
Recorded Data (Describe in Remarks):
- Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
Saturated in Upper 12 Inches
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
(in.) - Water-Stained Leaves
Local Soil Survey Data
>18 (in.) - FAC-Neutral Test
_ Other (Explain in Remarks)
>18 (in.)
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
Project/Site: Ridge Road Plot ID: Field
SOILS
Map Unit Name Drainage Class: Well
(Series and Phase): Cecil Field Observations
Taxonomy (Subgroup): Typic Kanhapludult Confirm Mapped Type? x Yes No
Profile Description:
Depth
inches Horizon
0-4 Ap
4-9 E
9-24+ Bt
Matrix Color Mottle Color Mottle
(Munsell Moist) (Munsell Moist) Abundance/Contrast
10YR 4/3
5YR 4/8
2.5YR 4/8
Soil Indicators:
_ Histosol
Histic Epipedon
_ Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
Texture, Concretions,
Structure, etc.
Sand loam
Sandy clay loam
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
WETLANDS DETFRMINATinu
Hydrophytic Vegetation Present? Yes x No Is this sampling point within a wetland?
Wetland Hydrology Present? Yes x No Yes x No
Hydric Soils Present? Yes x No
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Ridge Road Date: 2/23/2007
Applicant/Owner: Charter Properties County: Mecklenburg
Investigator: Wendell Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Wetland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Dominant Plant Species
(200 & 600 series) Stratum Indicator Stratum Indicator
1. Acerrubrum Tree FAC 9.
2. Ligustrum sinense Shrub FAC 10.
3. Ulmus americana Tree FACW 11.
4. Smilax spp. Vine FAC 12.
5. Juniperus virginiana Tree FACU- 13.
6. Liquidambarstyraciflua Tree FAC+ 14.
7. Fraxinus pennsylvanica Tree FACW 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 88%
Remarks:
HYDROLOGY
- Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_ Other
X No Recorded Data Available Saturated in Upper 12 Inches
_ Sediment Deposits
Drainage Patterns in Wetl
d
an
s
-
Field Observations: Secondary Indicators (2 or more required):

Depth of Surface Water: - (in
) X Oxidized Root Channels in Upper 12 Inches
. Water-Stained Leaves

Depth to Free Water in Pit: 13 (in.) _ Local Soil Survey Data
x FAC-Neutral Test

Depth to Saturated Soil: 2 i _ Other (Explain in Remarks)
n.
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
Project/Site: Charter Properties/Ridge Road Plot ID: Wetland
SOILS
Map Unit Name Drainage Class: Poorl y
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Fluvaquentic endoaquepts Confirm Mapped Type? Yes x No
Profile Description:
Depth Matrix Color Mottle Color Mottle
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Texture, Concretions,
Structure, etc.
0-18 BAg 7.5R 5/2 7.5YR 5/6 Sand Clay loam
Hydric Soil Indicators:
Histosol Concretions
- Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
x Aquic Moisture Regime x Listed on Local Hydric Soils List
x Reducing Conditions x Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? x Yes _ No x Yes No
Hydric Soils Present? x Yes No
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Ridge Road Date: 2/23/2007
Applicant/Owner: Charter Properties County: Mecklenburg
Investigator: Wendell Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Wetland
(If needed, explain on reverse.) 1 11
VEGETATION
Dominant Plant Species Dominant Plant Species
(Flag 404) Stratum Indicator Stratum Indicator
1. Acer rubrum Tree FAC 9.
2. Ligustrum sinense Shrub FAC 10.
3. Liriodendron tulipifera Tree FAC 11.
4. Smilax spp. Vine FAC 12.
5. Juniperus vir_giniana Tree FACU- 13.
6. Liquidambar stvraciflua Tree FAC+ 14.
7. - Quercus phellos Tree FACW- 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 85%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
_ Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 Inches
(in.) - Water-Stained Leaves
_ Local Soil Survey Data
>18 (in.) x FAC-Neutral Test
>18 (in.) _ Other (Explain in Remarks)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
Project/Site: Prosperity Village Plot ID: Wetland
SOILS
Map Unit Name Drainage Class: Poorly
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Fluvaquentic endoaquepts Confirm Mapped Type? Yes x No
Profile Description:
Depth Matrix Color
inches Horizon (Munsell Moist) ( Mottle Color Mottle
Munsell Moist) Abundance/Contrast Texture, Concretions,
Structure, etc.
0-18 AB 10YR 5/2 7.5YR 5/6 - Clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
x Aquic Moisture Regime x Listed on Local Hydric Soils List
x Reducing Conditions x Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? x Yes _ No x Yes No
Hydric Soils Present? x Yes No
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Ridge Road Date: 2/23/2007
Applicant/Owner: Charter Properties County: Mecklenburg
Investigator: Wendell Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Wetland
(If needed, explain on reverse.) 1 11
VEGETATION
Dominant Plant Species Dominant Plant Species
(500 series) Stratum Indicator Stratum Indicator
1. Acer rubrum Tree FAC 9.
2. Ligustrum sinense Shrub FAC 10.
3. Ulmus ame?icana Tree FACW 11.
4. Carex spp. Herb FACW 12.
5. Impatiens capensis Herb FACW 13.
6. Liquidambar styraciflua Tree FAC+ 14.
7. Fraxinus pennsylvanica Tree FACW 15.
8. 16.
Percent of Dominant Species that are OBL, FAC W, or FAC
(excluding FAC-): 100%
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_ Other
X No Recorded Data Available _ Saturated in Upper 12 Inches
_ Sediment Deposits
Drainage Patterns in Wetlands
-
Field Observations: Secondary Indicators (2 or more required):

Depth of Surface Water: - (i X Oxidized Root Channels in Upper 12 Inches
n.) Water-Stained Leaves

Depth to Free Water in Pit: 13 (in.) _ Local Soil Survey Data
x FAC-Neutral Test
Depth to Saturated Soil: 2 i Other (Explain in Remarks)
n.
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
Project/Site: Charter Properties/Ridge Road Plot ID: Wetland
iOILS
Map Unit Name Drainage Class: Poorly
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Fluvaquentic endoaquepts Confirm Mapped Type? Yes x No
Profile Description:
Depth
Matrix Color Mottle Color Mottle Texture, Concretions,
inches Hori
zon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-5 A
7.5YR 5/3 7.5YR 5/6 Sandy clay loam
5-15 Bg 7.5YR 6/2 Sandy Clay
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
x Aquic Moisture Regime
x Reducing Conditions
x Gleyed or Low-Chroma Colors
_ Concretions
_ High Organic Content in Surface Layer in Sandy Soils
- Organic Streaking in Sandy Soils
x_ Listed on Local Hydric Soils List
x_ Listed on National Hydric Soils List
- Other (Explain in Remarks)
II Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks:
x Yes No
x Yes No
x Yes No
Is this sampling point within a wetland?
x Yes No