20151051 Ver 2_401 Application_20180518

Preliminary ORM Data Entry Fields for New Actions WEPG
Wetlands and Environmental Planning Group
Leonard 5 Rindner, PLIC
SAW — 2015 - 2219 BEGIN DATE [Received Dat$ PAI
Prepare file folder ❑ Assign Action ID Number in O
1. Project Name [PCN Form A2a]: Arrington (formerly Ingleside)
2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form B3d and Be]:
Construction of 1 road crossing and a sewer line crossing for residential development known as
Arrington.
4. Property Owner /Applicant [PCN Form A3 or A4]:
Lennar Carolinas, LLC - Jon Hardy/Marinna Copanezos
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 135b]: SAW -2015-02219
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
7115 Bud Henderson Road, Huntersville, NC 28078 ; 35.4039 -80.918
8. Project Location - Tax Parcel ID [PCN Form Bla]: 015021 13 oC@C9�C�D
IIVIAY 1 0 2018
9. Project Location—County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersville 401 & BUFFER PFRUITT*Aft
11. Project Information — Nearest Waterbody [PCN Form B2a]: McDowell Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form B2c]: 03050101 Upper Catawba
Authorization: Section 10 ❑ Section 404 Fv_(1 Section 10 & 404 ❑
Regulatory Action Type:
❑✓
Standard Permit ❑ Pre -Application Request
Nationwide Permit # 29 Unauthorized Activity
❑ Regional General Permit # ❑ Compliance
❑✓ Jurisdictional Determination Request ❑ No Permit Required
Revised 20150602

May 7, 2018
Mr. David Schaeffer
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue
Asheville, NC 28801
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Ms. Karen Higgins
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Subject: Pre -Construction Notification for NWP#29 for Arrington (formerly Ingleside)
residential development, 7115 Bud Henderson Road, Huntersville, NC
Dear Ms. Higgins and Messrs. Schaeffer, Johnson and Hamstead,
Enclosed is a request for a Nationwide Permit #29 for the proposed residential development
known as Arrington (formerly Ingleside), in Huntersville, Mecklenburg County, North Carolina.
The site was delineated during May 2015 with the onsite streams and wetlands just being
identified in the proposed impact areas. As noted in the attached jurisdictional determination
information and plans, there is an existing conservation easement on the property. This
easement is associated with a mitigation banking site for the City of Charlotte Storm Water
Services. The areas within the conservation easement were restored/enhanced per previous
plans and are not included in our jurisdictional determinations or permit requests. The project
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville. NC 28805
[phone]
[e-mail] 1

area also includes a portion of a proposed sewer line extension that extends off-site (south side
of Bud Henderson Road) in which this area was evaluated as well.
Please note that this proposed road and sewer line crossing has been previously approved
under an expired permit (SAW -2015-02219). The corresponding approval letters have been
included in the Previous Approvals section at the end of this submittal. The drawings and
documents associated with the remaining road crossing and proposed sewer crossing have not
changed from the previously approved application and are consistent with the 2017 NWP
General Conditions and the 2017 NWP Regional General Conditions for NC. The applicant for
this re -submittal has changed to Jon Hardy of Lennar Carolinas, LLC, as detailed in the attached
submission.
Proposed permanent impacts for the construction of the two road crossings and sewer line
total 142 linear feet of stream channel and 0.07 acre of wetlands. Approximately, 0.027 acre of
wetlands is proposed for Road Crossing #1 which was constructed before the previous permit
expired. Road crossing #2 and Sewer Crossing #3 have not yet been constructed. Impacts to
122 linear feet of stream channel and 0.044 acre of wetlands is proposed for Road Crossing #2.
A sewer line crossing of McDowell Creek (adjacent to Bud Henderson Road) will impact 20
linear feet of stream channel through the placement of rip rap.
During the planning phases of the mitigation bank development, these access points were
excluded from the site so that development could occur in the adjacent uplands therefore the
location of these crossings have already pre -determined which essentially limits avoidance
options other than a no -build scenario which is not practicable as these crossings are needed to
access upland portions of the project. With regards to minimization efforts, the crossings have
been designed to the minimum lengths needed to construct an adequate and safely sized road
to service this development. Bottomless arch culverts/bridges were not evaluated due to the
significant cost increase associated with these structures. Due to the minimal impacts
proposed, no compensatory mitigation is being proposed.
Enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species or their critical habitat as designated under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the Threatened and Endangered Species survey.
With regards to potential cultural resources that could be affected by the project, enclosed is a
cultural reconnaissance survey conducted by R.S. Webb & Associates. The entire property was
evaluated in January 2015 along with gathering existing data on surrounding properties. There
are no recorded sites currently listed in the National Register of Historic Places (NRNP) within
1.6 km of the project site. There is an existing historic house near the project boundary
(Ingleside MK1471) on Bud Henderson Road and is currently not listed but would likely be
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville. NC 28805
[phone]
[e-mail] 2

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
considered eligible for listing in the NRHP. Currently there is a vegetated buffer that separates
this property from the project site and the house is located approximately 900 -feet from the
nearest proposed impact area. Based on transects and shovel testing conducted on the site,
one archaeological site was found but would likely be considered ineligible for listing in the
NRHP. The archaeological site is located in an upland landscape and is approximately 1,500 feet
from any proposed impact area. Since none of these resources are located within the permitted
areas and based on the information supplied above and in the enclosed report, we believe
there will be no effect on historic resources currently listed or potentially eligible for listing in
the National Register of Historic Places in accordance with Section 106 of the Historic
Preservation Act.
We appreciate the opportunity to provide this information. Please contact me at 704-904-2277
or [e-mail] or [e-mail] if you have any questions.
Sincerely,
Jeff Levi,
Biologist/Botanist
Len Rindner, PWS
Principal
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville. NC 28805
[phone]
[e-mail] 3

Permit Application

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:X❑
Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 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?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X 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 ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Arrington (Formerly Ingleside SAW -2015-02219
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Huntersville
2d.
Subdivision name:
Arrington
2e.
NCDOT only, T.I.P. or state project no. -
o:3.
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Standard Pacific of the Carolinas, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
6701 Carmel Road, Suite 425
3e.
City, state, zip:
Charlotte, NC 28226
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent Q Other, specify: Contracted buyer
4b. Name:
Jon Hardy / Marinna Copanezos
4c. Business name
(if applicable):
Lennar Carolinas, LLC
4d. Street address:
6701 Carmel Road, Suite 425
4e. City, state, zip:
Charlotte, NC 28226
4f. Telephone no.:
704-542-8300
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Leonard S. Rindner
5b. Business name
(if applicable):
Leonard S. Rindner, LLC -- Wetlands & Environmental Planning Group (WEPG)
5c. Street address:
1070 Tunnel Road, Bldg 1, Suite 10, PMB 283
5d. City, state, zip:
Asheville, NC, 28805
5e. Telephone no.:
828-699-3697 (Jeff Levi) ; 704-904-2277 (Len Rindner)
5f. Fax no.:
5g. Email address:
[e-mail]/[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): 101502113
1 b. Site coordinates (in decimal degrees):
Latitude: 35.4039 Longitude: -80.918
1 c. Property size:
129.4 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
McDowell Creek
2b. Water Quality Classification of nearest receiving water:
WS -IV
2c. River basin:
HUC: 03050101 -Catawba
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:
Existing Conservation Easements surround Waters of the U.S. except in areas previously designated for road crossings. The conservation easements
constitute the McDowell Creek Tributary Bank Site for the City of Charlotte Storm Water Services Bank and are not a part of this project. Upland area
are a mix of agriculture and forested areas. General land use in the vicinity is residential developments and agriculture.
3b. List the total estimated acreage of all existing wetlands on the property: 0.012
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 200
3d. Explain the purpose of the proposed project:
To construct 1 road crossing and a sewer line crossing for a residential housing development known as Arrington.
3e. Describe the overall project in detail, including the type of equipment to be used:
The road crossing and a sewer line crossing will be constructed using typical equipment such as backhoes, excavators, and dump trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
El Preliminary ❑X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Jurisdictional identification and determinations were made on the project site in association with development of the mitigation bank/conservation
areas. WEPG re-evaluated the areas only within the proposed impact crossings and was approved during the previous submittal (SAW -2015-02219).
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
X❑Yes ❑ No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
A previous Nationwide Permit #27 was issued for the mitigation bank work. Previous NWP 29 was issued as discussed in the cover letter.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
X❑ Wetlands Q 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.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Culvert
Headwater Wetland
No
Corps
0.044
W2
Choose one
Choose one
Yes/No
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.044
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
Stream F
PER
Corps
4
122
S2 P
Fill
Stream B
PER
Corps
6
20
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
142
3i. Comments:
Page 4 of 10
PCN Form —Version 1.4 January 2009

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 individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
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 DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number –
PermanentP
() or
—Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
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.
Project was designed to minimize road crossings and only two were being proposed to access uplands on the eastern and northern portion of the
project. These road crossings are required for connectivity and access to these upland areas and are restricted to areas designated for allowable
crossings through negotiations for the conservation easement associated with the mitigation bank project. One crossing has been constructed using
the previous permit. The sewer line crossing cannot be bored under the stream due to limited depth of an existing downstream manhole tie-in.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The culvert length, fill, and stabilization within the streams and wetlands have been designed/sized to safely accommodate anticipated residential
traffic but minimize the area of impact to existing surface waters.
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 Q 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: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
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:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
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 1.4 January 2009

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 ❑X 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 DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X 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
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
35%
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:
See attached stormwater plan which includes seven sand filters throughout the site.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County / Town of Huntserville
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Town of Huntersville
❑X Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑Yes Q No
attached?
4. DWQ Stormwater Program Review
E]Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
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 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X 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 ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
El Yes Q 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 ❑X 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.
No cumulative effects are anticipated from the project. There are no additional properties to be developed that are associated with this project so all
the impacts have been accounted for. The proposed sewer line will extend off site and parallel to McDowell Creek until it ties into an existing man -hole
on Colonial Garden Drive. No impacts to streamstwetlands are associated with this off-site alignment and an adequate buffer along McDowell Creek
will be maintained.
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 generated on the site will be transported to the nearest treatment facility via installation of sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009

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 ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Professional knowledge of threatened/endangered resources in the area. No habitat for potential species exists on site which was determined using an
on-site evaluation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No Essential Fish Habitat in this region.
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 ❑X 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?
A Cultural Reconnaissance Survey (enclosed) was conducted in which no resources were recommended as eligible for inclusion in the National
Register of Historic Places. One archaeological site was discovered outside the permitted areas but would likely not be considered eligible for listing.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
http://polaris3g.mecklenburgcountync.gov/
Jeff Levi Digitally signed by Jeff Levi
?018.05.07 14:48:53
Jeff Levi for WEPG
-0400
05-07-2018
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Leonard
Arent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Arrington (Previously Ingleside on original permit application)
Property Address: 7049 Bud Henderson Road, Huntersville, NC 28078
Parcel Identification Number (PIIS: 1502113
Select one: I am an interested buyer/seller
Name: Jon Hardy
Company: Lennar Carolinas, LLC
Mailing Address: 6701 Carmel Road, Suite 425, Charlotte, NC 28226
Telephone Number:
Electronic Mail Address:
...._J cam.-. a l --► .-
Property Owner/ Interested Buyer* /
Date
SO
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte O((ice: www.wetiands-epg.com Asheville 011ice:
10612-D Providence Rd. 1070 Tunnel Rd.. Bldg. i
PMB 550 Suite 10. PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
Ien.rindnero"tlands-epg.com 2

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Maps/Plans

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Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC-
[e-mail]
[phone]
www.wetlands-epg.com

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PROJECT
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Leonard S. Rindner, PLLC.
[e-mail]
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USGS LOCATION MAP
Y ;
Union Grovo,,
PROJECT
BOUNDARY
op
,
66n \1 j+
• + .! i. ' / \' /f' •r• 747
✓ �� f' 0�� .679
SCALELOCATION
1400 700 0 1400(Feet)
•
Lat: 35.4039 °N
USGS QUAD
SCALE
Long: 80.9180 2W
Lake Norman South, NC
1:24,000
HUC: 03050101
FIGURE NO. INGLESIDE
4 AIC Dt" I Mecklenburg, NC
USGS LOCATION MAP
(Approximate Location)
Subject to USACE/NCDENR verification
Drawn By: Reviewed By:
NRN/PJK LSR
DATE:
12/5/14
09/29/15

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Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
len.rindner a wetlands-epg.com
[phone]
www.wetlands-epg.com

DATE:
an wor s VICINITY MAP AUG. 28, 2015
PROJECT NO:
Design Group, P.A. INGLESIDE 15015
7621 Little Avenue, Suite 111 STANDARD PACIFIC OF THE CAROLINAS, LLC SHEET#
COVER
CD Charlotte, NC 28211
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA SLUE:
a 6 704-841-1604 fax: [phone] NOT TO SCALE

_—
h)
l<
1) "
1 NI
"If
\ \ f)g&TINt
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E RIDGE SUBDIVISI19qZ-�
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!,
31
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I j)li ill(jl//\ \1\\\\ \i/f`Sllfir
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31
v� 1coo
l\ J
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1 ///i/ N
0' 250' 500' 1000'
SCALE: 1" = 500'
DATE'.
an wor s EXISTING CONDITIONS AUG. 28, 2015
PROJECT NO
Design Group, P.A. INGLESIDE 15015
1621 Uttle Avenue, Suite III STANDARD PACIFIC OF THE CAROLINAS, LLC sHEeTa WL -1
Charlotte, NC 28211
cry TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE.
a 104-841-1604 fax: [phone]" = 500'

EXISTING SFE SHT. WL-6 FOR STREAM
IMPAC`1#3 AT PROPOSED
/ \ I \ \\\\ (\ \\EWER GROSSING
1
/ INGLESIDE (PROPOSED),,/; /)1 \1\�
Uj R�AD��
y
� I�T�IGRC�,4D1
xwx_
�1w _ _=t\\ 1\ 1 11 I 1111 \ 1 I l 1 I iosl
/// WAVE-iR'rONLA�fE'\\\\\\\\
117 sus
11111 ��•Il IJl TING CARRINGTON
IIII I I' 1/ \sio 1 9 1
1111\1 14IDGE SUBDIVISION
11\\1\II�1..I1 I i 1 � / \
C, \ III I 1 1 ' \���1\1111)11 1 2 � cI -ANG PERENNIAL
AM
/ � A l 1 � /� ////l/IIII 1•• \ —
313
ROPOSED
ANITARY SEWER
111111 \ INE (20' MIN. FROM
11\\I11j Il111111iI \ 111 11 \\\ OP OF BANK)=NO
1 1 I I 1 111/ J/ )111//(I 1111 I 11\lll 1111 `gym \\ IMPACT TO STREAM
OR WETLANDS
\
Q \ OW :1 ARI If l \ 1\ 1\II 1 IIIIIII II I
\ RID6
z \ 2kSS9 NG
g 1 I \ � \\I 11\\\1 Q\\\\\1 )•• I IIIIIII � 1� \ 11
W
r ` 1
III 1 1 1/ 1 1111 111111111\\1� /Ij� \111\\ //�
/ EXISI I
AN 6 qbVV� t IIIIIII N
/ EXI$TlNd Fd I / / 111111 III 1 III I —
E T. CO[ONI L
A�EEN 4*ISTNG SEWER
GRI//� ��%////j/1�1� L 1 (�(Ir(I�NHDLE
6
0' 100' 200' 400'
m
C
m
E SCALE: 1'= 200'
m
IDATE:
5
Landworks OFF-SITE SEWER - EXISTING & PROPOSED CONDITIONS AUG. 28, 2015
PROJECT NO:
Design Group, P.A. INGLESIDE 15015
° 1621 little Avenue, Suite 111 STANDARD PACIFIC OF THE CAROLINAS, LLC SHEET#
Chadette, NC 28211 WL-2
'y TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE:
i
104-841-1604 fax: [phone]" = 200' XREF

STREAM IMPACT SUMMARY
ROAD CROSSING #2 - PERENNIAL STREAM F: 122 LF
SEWER CROSSING #3- PERENNIAL STREAM B: 20 LF
TOTAL STREAM IMPACTS:
142 LF I
EXISTING
CONSERVATION
EASEMENT
(HATCHED)
PROPOSED SAND
FILTERS #5 & 6
EXISTING
PERENNIAL STREAM
WETLAND IMPACT SUMMARY
ROAD CROSSING #1: 1160 SF 0.027 AC
ROAD CROSSING #2: 1,905 SF 0.044 AC
TOTAL WETLAND IMPACTS: 3,065 SF 0.071 AC
PROPOSED SAND FILTERS #3 & 4
CC
EXISTING 1 \
CONSERVATION
ESMT. (HATCHED)
PROPOSED SAND
3 FILTER #8
a PROPOSED SAND
FILTERS #1 & 2
0
g EXISTING PERENNIAL
5 STREAM
UJ
EXISTING CONSERVATION
o ESMT. (HATCHED)
n PROPOSED SAND
cc FILTER #7
CARRINGTON RIDGE
PROPOSED SEWER EXTENSION
(IMPACT #3)
EXISTING STREAM F
PROPOSED ROAD
CROSSING IMPACT #2 \
ARBORMERE
_ Construction
Completed under
Previous Permit
(SAW -2015-02219)
CONSqRVATION
ESMT
(HAT HED) 0
ROP.ROAD
ROSSING
,I) FIMPACT #1
J
G
-Mlr EXISTING
PERENNIAL i
STREAMS
EXI TING
REXISTING
\( /
B p NDERSON
Z PROPOSED SAN.
WETLAND A
a SEWER UNDER
/FORMER
EXISTING STORM
POND
~ a PIPES (NO IMPACTS)
(SHADED)
CD
0' 250' 500'
1000'
N
SCALE: 1" =
500'
Landworks DATE
0
SITE PLAN FOR STREAM &WETLAND IMPACTS SEPT. 18, 2015
PROJECT NO:
Design Group, P.A. INGLESIDE 15015
1611 Little Avenue, Suite 111 STANDARD PACIFIC OF THE CAROLINAS, LLC SHEETp
Chadatte, NC 18111 WL -3
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE:
�� 104 841 1604 fax: [phone]
1" = 500'

'0
90
o
/
Z I /
o �
to �
i
O. to
z /
PROPOSED IMPACTS TO
PERENNIAL STREAM F AND
WETLAND D/E:
/ O
122 LF STREAM IMPACT
r
(INCLUDES 58 LF RIP
RAP AND 64 LF CULVERT)
�},
1,905 SF WETLAND
/ i EXISTING
i �'
/ _ �• PERENNIAL
�� Q� STREAM F
4 4I
EXISTING
WETLAND D/E
i (. ,Q- i
i
PROPOSED HEADWALLS
/
SEE SHEETS WL-8 & WL-9
FOR CULVERT #2 PROFILE,
ELEVATION, AND DETAIL
i
PROPOSED SANITARY SEWER
LU
y
��� /�O�'�F /
EXISTING ���I
o PERENNIAL I �O� OQ
o STREAM F JQ� // QQ-,�Q�
ti (
N
L°
0' 30' 60' 120'
m
E
SCALE: 1"= 60'
m
"
Landworks
STREAM IMPACT #2 AT ROAD CROSSING #2
DATE:
SEPT. 18, 2015
r 0
Design Group, P.A.
INGLESIDE
PROJECT NO 15015
°
1621 Little Avenue, Suite 111
STANDARD PACIFIC OF THE CAROLINAS, LLC
SHEEiq
WL-5
1
Charlotte, NC 28211
104-841-1604 fax:[phone]
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA
SCALE:
1'=60'

w/ L / I 1 T En v, z
Z I I B[J R LLJI
cn
/ F- i
o
ILUU)Z/ 5 B F� 1D i t I I U) a /.
OLU
V cn,
m I \LU
cn
`03 // /%� / w O \ I
/ / I Io o
\ cn
PROPOSED IMPACT TO I EXISTING PERENNIAL
aD I/ STREAM B
PERENNIAL STREAM B = ^ 1 00
20 LF RIP RAP AT
PROPOSED SANITARY
1 o I PROPOSEY
SEWER CROSSING `P RIP RAP OVER SEWER
r / PROb MH
MT
SEN �RGY IGNITED
PROP. MH
�
, Y SEW�I
SSP OP. SANIT � ER S � U) —
\ NCDOT PERM 1L ` \ l _ i 0—
E MT
--ESMT D 7-500, _ _ —
_ �O EXISTING
SON ROAD : ' :I::::...:I.:k .�:.:::::: Xao PVMT
BUD HE ....
SR #2131 0^ —678
(EXISTI
a � � 1 /
0 — 676 = \ PROP. 1
CL t, 1 PROPOSED 12"
o co
EXISTING BRIDGE \ \ \�\ \ ` ti _ J— _ GRAVITY SAN.
g _ 1 (SHADED) _ _ — r - L-, Y "— o SEWER
LU EXISTING NOTE: BORING UNDER
3 RIP RAP APRON m m
LL LL STREAM FOR SEWER IS NOT
o EXISTING O FEASIBLE, DUE TO LIMITED
CONCRETE BRIDGE a °- DEPTH OF EXISTING
ABUTTMENTS i DOWNSTREAM SEWER
MANHOLE WHERE
o PROPOSED GRAVITY
o SEWER WILL TIE IN
N
0
U
a
N
0' 30' 60'
120'
m
>r
E
SCALE: 1" = 60'
m
m
Landworks
DATE:
0
STREAM IMPACT #3 AT SEWER CROSSING
SEPT. 18, 2015
PROJECT NO 15015
a
Design Group, P.A.
INGLESIDE
OSHEET
7621 Little Avenue, Suite 111
STANDARD PACIFIC OF THE CAROLINAS, LLC
#
WL -6
b
Charlotte, NC 28211
SCALE:
a
704-841-1604 fax: [phone]
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA
1" = 60'

PROPOSED
TOP OF WALL —'
U
710
PROPOSED
HEADWALL
TOP OF
700 -
EXISTING GRADE
AT INTERMITTENT
STREAM CL
50 LF RIP RAP IMPACT
(MEASURED AT STREAM C/L)
64 LF CULVERT IMPACT
(MEASURED AT
STREAM C/L
PROFILE - ROAD CULVERT CROSSING # 2
SCALE H: 1"=40'V: 1"=10'
72"
TOP OF WALL
710
LOPED WINGWALL
705 (BEYOND)
�—(3) 72" RCP
/ BURY 1 PIPE 1' MIN.
700
EXISTING STREAM
695 C/L GRADE
1' MIN. BURY IN PIPE
PER NCDENR 401
PERMIT REQD.
8 LF RIP RAP
IMPACT (MEASURED
AT STREAM C/L)
-TOP OF
HEADWALL
72" RCP
HEADWALL�FOOTING
BELOW.a
ROAD CULVERT #2 ELEVATION AT HEADWALL
SCALE: NOT TO SCALE
DATE:
an wor s CULVERT PROFILES & ELEVATIONS SEPT. 18, 2015
PROJECT NO:
Design Group, P.A. INGLESIDE 15015
1621 little Avenue, Suite 111 SHEET #
Charlotte, 28211 STANDARD PACIFIC OF THE CAROLINAS, LLC WL -8
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA E--E—
a 104-841-1604 fax:[phone]D4 AS SHOWN

>j
Ng
ca
WW
aw
CONCRETE a cn
HEADWALL
CONCRETE
VJ L
w `o
WINGWALL
>
=
XISTING STREAM
F-
C7 �
BOTTOM ELEVATION
w
RIP RAP APRON ON
FILTER FABRIC
CONCRETE
FOOTING"ailll'
,ji..
`
12" EARTH FILL IPE INVERT
IN PIPE BOTTOM (TYP.)
ENLARGED CULVERT & HEADWALL DETAIL
SCALE: NOT TO SCALE
DATE:
an wor s CULVERT & HEADWALL DETAIL AUG. 28, 2015
Design Group, P.A. INGLESIDE PROJECT NO 15015
° 1621 Little ASHEET
venue, Suite 111 k
Charlotte, A 26211 STANDARD PACIFIC OF THE CAROLINAS, LLC WL -9
O TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE:
A " Iii L 104-641-1604 fax: [phone] Kl--

1(
\STING
SSTTREEAMMD
�I
PROP. PIPE TOBYPASS OFF.
SITE
/ .RUNOFF AROUND
/ BMP BASINS _—
/ POASIBLE/FUTUP6ROAD
EXISTING G`ROSSIRG #4 (NOJMPAL'"�W/
'(,'ONBERVATTON C T _ )... pOTICLMLESS•CCLVERT)
/ EASEMW (HATCHE —
EXISTING STREAM'C•
PROPOSED
SAND FILTERS
\ 700 #3&4, / / / / / PROPOSED SAND FILTERS #6
(
7 / / \\ PROPOSED ROAD
I
rwo
i
SEE SHEETWL5
j.Am
INGLESIDE
PACIFIC OF THE CAROLINAS, LLC
/
"SEP�18=2.015Design
CNrNtle, K 2[226
Bc:70484148M
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA704$41-1801
WATER QUALITY NOTES:
J
Ipw
Cad Crossing #1
:previous permit
1
1. WATER QUALITY BMP S SHALL BE
PROPOSED
INSTALLED IN ACCORDANCE WITH
TOWN OF HUNTERSVILLE POST
.
\
ORDINANCE (PCCO), AND THE
IlIER #8
— ` v
MECKLENBURG COUNTY BMP
PROPOSED SAND
D
DESIGN MANUAL.
•
G
N
�
OP .
r
MECKLENBURG COUNTY
�.
FILTER
ENGINEERING DEPT.
BYPASS OFFSITE
RUNOFFAROUND
LEGEND:
BMP BASINS
EXISTING CONTOUR
PROPOSED STORM PIPE
PROPOSED SAN. SEWER
QPROPOSED
BMP
BASIN z
V 200' 400' 800'
�iio v
Wig ger �O�d
1(
\STING
SSTTREEAMMD
�I
PROP. PIPE TOBYPASS OFF.
SITE
/ .RUNOFF AROUND
/ BMP BASINS _—
/ POASIBLE/FUTUP6ROAD
EXISTING G`ROSSIRG #4 (NOJMPAL'"�W/
'(,'ONBERVATTON C T _ )... pOTICLMLESS•CCLVERT)
/ EASEMW (HATCHE —
EXISTING STREAM'C•
PROPOSED
SAND FILTERS
\ 700 #3&4, / / / / / PROPOSED SAND FILTERS #6
(
7 / / \\ PROPOSED ROAD
I
rwo
i
SEE SHEETWL5
j.Am
INGLESIDE
PACIFIC OF THE CAROLINAS, LLC
/
"SEP�18=2.015Design
CNrNtle, K 2[226
Bc:70484148M
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA704$41-1801
WATER QUALITY NOTES:
J
Ipw
Cad Crossing #1
:previous permit
1
1. WATER QUALITY BMP S SHALL BE
L
( CROSSING IMPACT #2;
SEE SHEETWL5
Group, P.A.STANDARD
UmM•�,s•n.
INGLESIDE
PACIFIC OF THE CAROLINAS, LLC
WATER QUALITY MASTER PLANTsn
"SEP�18=2.015Design
CNrNtle, K 2[226
Bc:70484148M
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA704$41-1801
WATER QUALITY NOTES:
1. WATER QUALITY BMP S SHALL BE
L
INSTALLED IN ACCORDANCE WITH
TOWN OF HUNTERSVILLE POST
CONSTRUCTION CONTROLS
\
ORDINANCE (PCCO), AND THE
Y
— ` v
MECKLENBURG COUNTY BMP
PROPOSED SAND
D
DESIGN MANUAL.
FILTERS
2. BMP DESIGN AND CONSTRUCTION
SHALL BE APPROVED BY THE
MECKLENBURG COUNTY
PROPOSED PIPE TO
ENGINEERING DEPT.
BYPASS OFFSITE
RUNOFFAROUND
LEGEND:
BMP BASINS
EXISTING CONTOUR
PROPOSED STORM PIPE
PROPOSED SAN. SEWER
QPROPOSED
BMP
BASIN z
V 200' 400' 800'
Landworks
Group, P.A.STANDARD
UmM•�,s•n.
INGLESIDE
PACIFIC OF THE CAROLINAS, LLC
WATER QUALITY MASTER PLANTsn
"SEP�18=2.015Design
CNrNtle, K 2[226
Bc:70484148M
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NORTH CAROLINA704$41-1801

Jurisdictional Determination
Information

i / �� ,
STREAM FPERENNIAL �/ ,��yy��,/�7
`150 LF �� j UjA� LEGEND
/i((1/�/
/` LANDSCAPE PHOTO
,z�1 LOCATION11\\\��.'%11l 1 I i ©# ♦-►
A°°r))1\11l\ \1) i \l1\ � J/ ) /l It\l )\ DIIR CT DIRECTION
\1\\�oS�\�\ `/I //
l-1)//il1
\\�\\\�tl\\\i\`'��`���
\\ \
STREA
VALUATION FOR \\ "n
-760'
J/I
WETLAND D/E IIP II/
0.05 Acres
.\� J
it
—7 I i/A1(fPronect ON —
Boundary
1/ i\ul)I\\l(`11�G�L�SID�o.
jj ! l )OROPEWI 1 \\\ �/ %JI)il
r -- l ! I
J z 11�
) 1ll If , UPLAND DATA
FORM (DP2)
. � 1 i //ill I(/l//�/ / \ ,��� \\\\: %-.� � s \ • l\\\ ; � / /I) � i \\\ � / /�
�`\\ �� \ \
\ �� �/�//l I-�/ \�� 11�W) �(�� �\ \ �� � % l' WETLAND DATA
\\ FORM (DP1)
\11�A
\—PERENNIAL,\\\�--�-
_1if
1 t \} ( STREAM B �1a° j// �1// 1J )111111 ,\ (� )1 Il \ — I O WETLAND
l \ I y t -son ��� j//I Jlllll } I l 1111 !l� \\III t (� �� _ _ l _ 0 o7 Acres
J _, ,JIJ / (\
OPE PC E L(�T/ J f� 1 � �// ( ) Culvert \\ � 13ti 1
\ \ \\ ., !f J 1�7�^' ►" fir,;; , ` i �- 1 x
�I11 t $ MATCHLINE Jl N
m 0' 250' S00I 1000
FIGURE NO. INGLESIDE Drawn By: Reviewed By:
7 A/C Di` Mecklenburg Co., NC JAL/PJK LSR
DELINEATION MAP WITH PHOTOGRAPH DATE:
AND DATA POINT LOCATIONS 05/18/15
FOR SURVEY AND STUDY PURPOSES ONLY Rev: 10/01/15
SUBJECT TO USACE/NCDENR VERIFICATION

F EXISTING I�STT
IMPACT #3 AT PROPOSE -6 FOR D
—FASE•gA /' / \\\\\\I \ �EWERIWROSSING
I( INGLESIDE (PROPOSED) •///
FIGURE 1
�� I ACS
��'7j ) / � II \ _`• lj( aC 1\\I MATCHLINE
FIGURE 2/
306
i///-WAVE�ON LAKE- \\\\\\\\\ \\ \ I I \ \
hn
I ` I 1 \\ \ / / \ Adjacent Proje
ct e eoBound pment py Line
and CL of Perrennial Stream
)�\ OFF-SITE I�Iloll !( / \\ 11\\'
PERENNIAL
STREAM
-1350 LF i II 1 �° I 3M TING CARRINGTON
11 I I / \370 1 ( FiIDGE SUBDPASION
/ r , .:. 11111111111 11\I 1 I I 1 / \
I\\\\�1\\\\\ 1
8
-'x\1 I II111111)1�( ! 111 'EXI -ANG PERENNIAL
l /\ / ! / I 1 )j////(ll _ \ \ STF�AM
379 \ \
LO
ROPOSED
ANITARY SEWER
\ \ \ \ \\ \ \ \\ \\ 1\ 1 111111 I)1\ (11111 INE (20' MIN. FROM
11\ \11j1 /Alj(11 I \ 11 11 \I\ OP OF BANK)= NO
I I l/)/ )1)1!/I! 1 I 1 1 )11 1111 \\ \IMPACT TO STREAM
II II 111 1 I Ilalll 111 i \ \ OR WETLANDS
/N
\ RID Q I�IU�1 I \I )\\ \\ \111 l \ \ IOIII\p III\ 1 I
ASS NC,�\ \ \ \ 1 1 1\\II\ 1 {I\\\\\ I 1IIn1\1 I 1\— \
1 \ \ I1
\\\ / ( �I\I \ \\1\ \ \;1\\I\\11 1►1)I///// II11\\u / \ 1�
1 I , 1 I III 1 1 11111\\\III\Al l \11111 r—/ 1
\111\� //^
EXIVII�C; gtOl /! /) 1111111 I I I 1111 \
CO
T.O I
QA EN JI 1 (II 1 47tISTANG SEWER
)111100ANODLE LANDSCAPE PHOTO
LOCATION AND Culvert 0' 100• 200' 400'
DIRECTION
SCALE: V- 200'
FIGURE NO. INGLESIDE Drawn By: Reviewed By:
8 Mecklenburg Co., NC JAL/PJK LSR
DELINEATION MAP WITH PHOTOGRAPH DATE:
AND DATA POINT LOCATIONS 05/18/15
FOR SURVEY AND STUDY PURPOSES ONLY Rev: 10/01/15
SUBJECT TO USACE/NCDENR VERIFICATION

Flow Path: Jurisdictional features on the site
flow into an unnamed tributary to
McDowell Creek, which flows to McDowell
Creek, which flows to the Catawba River
(TNW) at Mountain Island Lake.
Cata
Mountain island Lake
Culvert or Bridge
Culvert
Culvert
Culvert or Bridge
PROJECT
BOUNDARY
� Flow Path
aProtect Location
FIGURE NO. r[ ,� I INGLESIDE I Drawn By: I Reviewed By:
V Mecklenburg Co., NC PSK LSR
NAVIGATIONAL PATHWAY MAP
Subject to USACE/NCDENR Verification
DATE:
09/30/2015

§�'i:•> `�� .'. tet''
r
Al
.. •k
_,♦�
;,4'� yA
am.,'

STREAM REACH EVALUATION FORM
DP3: Perennial Stream F
Date:
05/15/15 Evaluator: PJK JAL
Eastin :
80.9135 W
Prom ct:
DP3: Perennial Stream F
Northing:
35.4045 N
Total Points:
0
Stream is at least intermittent if > 19 or perennial if > 30*
33.5
(right -click the purple number and left -click Update Field to summarizepoints)
2
A.
Geornorphology Geomorphology
Absent
Weak
Moderate
Strong
SCORE
1a.
Continuity of channel bed and bank
0
1
2
3
2
2.
Sinuosity of channel along thalweg
0
1
2
3
3
3.
In -channel structure: riffle- / step- pool sequence
0
1
2
3
2
4.
Particle size of stream substrate
0
1
2
3
1
5.
Active/relic floodplain
0
1
2
3 1
2
6.
Depositional bars or benches
0
1
2
3
3
7.
Recent alluvial deposits
0
1
2
3
2
8.
Headcuts
0
1
2
3
1
9.
Grade controls
0
0.5
1
1.5
1
10.
Natural valley
0
0.5
1
1.5
2
11.
Second or greater order channel
No = 0
Yes = 3
0
Geomorphology
Subtotal
19.0
a Man-made ditches are not rated: see discussion in NCDWQ Manual
B. Hydrology
12.
Presence of Baseflow
0
1
2
3
2
13.
Iron Oxidizing Bacteria
0
1
2
3
0
14.
Leaf litter
1.5
1
0.5
0
1
15. Sediment on plants or debris
0
0.5
1
1.5
.5
16.
Organic debris lines or piles Wrack lines
0
0.5
1
1.5
1
17.
Soil -based Evidence of high water table?
Crayfish
No = 0
Yes = 3
3
1.5
.5
24.
Amphibians
Hydrology
Subtotal
7.5
C. Biology
18.
Fibrous roots in streambed
3
2
1
0
2
19.
Rooted upland plants in streambed
3
2
1
0
2
20.
Macrobenthos note diversity and abundance
0
1
2
3
1
21.
Aquatic Mollusks
0
1
2
3
0
22.
Fish
0
0.5
1
1.5
0
23.
Crayfish
0
0.5
1
1.5
.5
24.
Amphibians
0
0.5
1
1.5
0
25.
Algae
0
0.5
1
1.5
0
26.
Wetland plants in streambed
FACW= 0.75, OBL= 1.5, Other= 0
1.5
Biology
Subtotal
7:0
*perennial streams may also be identified using other methods. See page 35 of NCDWQ manual.
Notes:
Sand with some cobble. 6 to 10' TOB/3 - 6' channel
Area has been previously restored/enhanced for a mitigation bank.
Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their
Origins.
(version 4.11)

WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Ingleside City/County: Mecklenburg County Sampling Date: 0515/15
Appllcant/Owner: Standard Pacific of the Carolinas, LLC State: NC sampling Point: DP2:UPL
Investigator(s): _ JAL. PJK. LSR Section, Township, Range:
Landform (hillslope, terrace, etc.): valley Local relief (concave, convex, none): Concave Slope (%): 0 - 2%
Subregion (LRR or MLRA): MLRA 136 Lat: N 35 4045 Long: W 80 9135 Datum: WCS84
Sod Map Unit Name: QeD2 it Sandy Clay Loam. 2 - 8% clones moderately eroded NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of yew? Yes Y No (If no, explain in Remarks.)
Are Vegetation N Sod Y or Hydrology Y_ significantly disturbed? Are 'Normal Circumstances' present? Yes No X
Are Vegetation N Sod N—, or Hydrology _N naturally problematic? (if needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No is the Sampled Area
Hydric Soil Present? Yes No X within a wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks: For the week of 05/10/15 through 05/16/15:
Ava/Max/Min Temo(F): 71/89/55, Precip Total (in.): 0.00, Previous 48hrs Precio (in.):0.00
*Area is heavily disturbed by active livestock crossing.
HYDROLOGY
Wetland HydrolM indicators:
Secondary
indicators (minimum of two required)
Primary Indicators (minimum of one is required: check
all that armlet
— Surface Sal Cracks (86)
— Surface Water (Al) —
True Aquatic Plants (814)
— Sparsely Vegetated Concave Surface (88)
— High Water Table (A2) —
Hydrogen Sulfide Odor (Cl)
— Drainage Patterns (810)
— Saturation (A3) —
Oxidized Rhizospheres on Living Roots (C3)
— Moss Trim Lines (816)
— Water Marks (61) —
Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
— Sedlrient Deposits (132) —
Recent Iron Reduction in Tiled Solis (C6)
— Crayfish Burrows (C8)
— Drift Deposits (83) —
Thin Muck Surface (C7)
— Saturation Visible on Aerial Imagery (C9)
— Algal Mat or Crust (84) —
Other (Explain in Remarks)
— Stunted or Stressed Plants (D1)
— Iron Deposits (135)
— Geomorphic Position (D2)
— Inundation Visible on Aerial Imagery (137)
— Shallow Aqu ftwd (133)
— Water -Stained Leaves (69)
— Microtopographic Relief (D4)
— Aquatic Fauna (813)
— FAC -Neutral Test 05)
Field Obser4ations:
Surface Water Present? Yes No X
Depth (inches):
Water Table Present? Yes No X Depth (inches):
Saturation Present? Yes No X
Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), If available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point:DP2:UPL
Absolute Dominant Indicator Dominance Test worksheet:
Tree Stratum (blot size: 30' ) % Cover Species? Status Humber of Dominant Species
1. Fraxinus pennsylyanica in Y FArW That Are OBL, FACW, or FAC: 7 (A)
2. Populus deltoides in _y FAC Total Number of Dominant
3._Juniperusvirainiana 1n Y_ FACU Species Across Ali Strata: 12 (B)
4.
Percent of Dominant Species
5. That Are OBL, FACW. or FAC: 58.3% (AIB)
50% of total cover: 12.5 20% of total cover: 5
Tree - Herb Stratum (Plot size: 30' ) approximately plants, _ft (6 tri or more i n height and 3 in.
1. Elaeagnus umbellata 1_ Y NI (7.6 cm) or larger in diameter at breast height (DBH).
2. Microsteyium vimineum 10 Y FAC
Sapling -Woody plants, exploding woody vines,
3. Rubus argutus .9; Y FACU approximal ely 20 ft (6 m) or more M height and less
4.
than 3 in. (7.6 cm) OBH.
5. Shrub - Woody punts, excluding woody vines,
6 approximately 3 to 20 ft (1 to 6 m) in height.
7• Herb - All herbaceous (non -woody) plants, including
g, herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approxkmtely 3
9. ft (1 m) in height.
10.
11 Woody vine - All woody vines, regardless of height.
25 = Total Cover
50% of total cover: 12.5 20% of total cover: 5
Woody Vine Stratum (Plot size: 30' )
1. Lonicera japonica 10 Y FAC
2. Toxicodendron radicans _ 5 y_ FAC
4.
5.
Hydrophytic
15 = Total Cover Vegetation
50% of total cover: 7.5 20% of total cover: 3 Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
30 = Total Cover
Prevalence Mdex worksheet:
Total % Cover of: Multiply by;
50% of total cover:
15 20% of total cover: 6
OBL species x 1 =
Sapling Stratum (Plot size:
30' )
1_Juniperus virginiana
10 Y FACU
FACW species x 2 =
FAC species x 3 =
2. Djospyros virginiana
10 Y FAC
FACU species x 4 -
3.
UPL species x 5 =
4.
CoYxm Totals: (A) (B)
5.
Prevalence Index = BIA =
6.
20 = Total Cover
Hydraphytic Vegetation Indicators:
50% of total cover:
10 20% of total cover: 4
1 - Rapid Test for Hydrophytic Vegetation
Shrul) Stratum (Plot size:
30' 1
_IL 2 - Dominance Test is >50%
1. Elaeagnus umbellata
15 Y N1
_ 3 - Prevalence Index Is 53.0'
- 4 - Morphological �dng
SroAdaptations' (Provide
data in arate supporting
sheet)
_ Problematic Hydrophytic Vegetation' (Explain)
'indicators of hydric sal and wetland hydrology must
be present, unless disturbed or problematic.
2.Liquidambar styraciflua 1 n V FAC'.
3.
4.
5.
6.
25 = Total Cover
Definitions of Five Vegetation Strata:
50% of total cover: 12.5 20% of total cover: 5
Tree - Herb Stratum (Plot size: 30' ) approximately plants, _ft (6 tri or more i n height and 3 in.
1. Elaeagnus umbellata 1_ Y NI (7.6 cm) or larger in diameter at breast height (DBH).
2. Microsteyium vimineum 10 Y FAC
Sapling -Woody plants, exploding woody vines,
3. Rubus argutus .9; Y FACU approximal ely 20 ft (6 m) or more M height and less
4.
than 3 in. (7.6 cm) OBH.
5. Shrub - Woody punts, excluding woody vines,
6 approximately 3 to 20 ft (1 to 6 m) in height.
7• Herb - All herbaceous (non -woody) plants, including
g, herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approxkmtely 3
9. ft (1 m) in height.
10.
11 Woody vine - All woody vines, regardless of height.
25 = Total Cover
50% of total cover: 12.5 20% of total cover: 5
Woody Vine Stratum (Plot size: 30' )
1. Lonicera japonica 10 Y FAC
2. Toxicodendron radicans _ 5 y_ FAC
4.
5.
Hydrophytic
15 = Total Cover Vegetation
50% of total cover: 7.5 20% of total cover: 3 Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL
to the depth needed to document the indicator or
Sampling Point:DP2: UPL
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) %_ ��—Locr Texture Remarks
0-4 7.5YR 4/4 100 Silty Clay Loam
4-20 7.5 YR 4/6 100 Silty Clay Loam
RM=Reduced Matrix. M
Hydric Soil Indicators:
Histosol (Al)
_ Histic Epipedon (A2)
_ Black Histic (A3)
_ Hydrogen Sulfide (A4)
_ Stratified Layers (AS)
_ 2 cm Muck (A10) (LRR ill)
Depleted Below Dark Surface (Al 1)
_ Thick Dark Surface (Al 2)
_ Sandy Mucky Mineral (S1) (LRR N,
MLRA 147, 148)
Sandy Gieyed Matrix (S4)
_ Sandy Redox (S5)
_ Stripped Matrix (S6)
Type:
Depth (inches):
Remarks:
Dark Surface (S7)
_ Polyvalue Below Surface (S8) #&RA 147, 148)
_ Thin Dark Surface (S9) (MLRA 147, 148)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (173)
_ Redox Dark Surface (F6)
Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 136,122)
_ Piedmont Floodplain Soils (F19) QALRA 148)
_ Red Parent Material (F21) (MLRA 127, 147)
Indicators for Problematic Hydric Sc
_ 2 an Muck (A10) (NILRA 147)
_ Coast Prairie Redox (A16)
(AALRA 147,148)
Piedmont Floodplain Soils (F19)
QOLRA 136, 147)
_ Very Shallow Dark Surface (TF1 2)
_ Other (Explain in Remarks)
31ndicators of hydrophytic vegetation and
wetland hydrology must be present
unless disturbed or problematic.
Hydric Soil Present? Yes No X
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0

WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Ingleside City/County: Mecklenburg County Sampling Date: 05/15/15
Appiicant/owner: Standard Pacific of the Carolinas, LLC State: NC Sampling Point: DP1:Wtld BC
Investigator(s): JAL. PJK. LSR Section, Township, Range:
Landform (hlilslope, terrace, etc.): valley Local relief (concave, convex, none): _ Concave Slope (%): 0 - 2%
Subregion (LRR or MLRA): MLRA 136 Lat: N 35 4045 Long: W 80.9135 Datum: WGS84
Soil Map Unit Name: CeD2: Cec6l Sandy Clay Loam 2 - 8% clones- moderately eroded NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes Y No (If no, explain in Remarks.)
Are Vegetation N _, Soil Y or Hydrology Y significantly disturbed? Are "Normal Circumstances" preserit? Yes No X
Are Vegetation N Soil N_, or Hydrology N naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling plaint locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydnc Sort Present? Yes X No within a Wetland? Yes _X No
Weiland Hydrology Present? Yes X No
Remarks: For the week of 05/10/15 through 05/16/15:
AAvy(Max/Min Temo(F): 71/89/55, Precip Total (in.): 0.00, Previous 48hrs Precio (in.):0.00
*Area is heavily disturbed by active livestock crossing.
HYDROLOGY
Wetand Hydrology indicators:
Secondary Indicators (r w*msn of two required)
Primary Indicators (minknum of one is required:
check all that awiv)
_ Surface Soil Cracks (136)
_ Surface Water (Al)
_ True Aquatic Plants (614)
_ Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Hydrogen Sulfide Odor (Cl)
X Drainage Patterns (1310)
X Saturation (A3)
X Oxidized Rhizospheres an Living Roots (C3)
_ Moss Trim Lines (B16)
_ Water Marks (81)
_ Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_ Sediment Deposits (82)
_ Recent Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
_ Drift Deposits (133)
_ Thin Muds Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (134)
_ Other (Explain in Remarks)
_ Stunted or Stressed Plants (D1)
_ Iron Deposits (BS)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
_ Shallow Aquitard (D3)
_ Water -Stained Leaves (69)
_ Microtopographic Relief (D4)
_ Aquatic Fauna (613)
FAC -Neutral Test (D5)
Field Observations:
Surface Water Present? Yes
No X Depth (inches):
Water Table Present? Yes
No _ X Depth (inches):
Saturation Present? Yes X
No Depth (inches): 0 - 4
Wetland Hydrology Present? Yes X No
(includes capillary )
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), If available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Absolute Dominant Indicator
Tree Stratum (Plot size: 30' ) % Cover Species? Status
i. Fraxinus pgnnsylvanica 1s Y FACW
2.L*quidambar styraciflua _ 15 _Y FAC
3. Ulmus alata 15 Y— FACU
4.
5.
45 = Total Cover
5o% of total cover: 22.5 20% of total cover: 9
Sa�Qq Stratum (Plot size: 30' )
1.
2.
10 = Total Cover
50% of total cover: 5 20% of total cover: 2
Shrub Stratum (Plot size: 30' 1
1. Comus amomum 10 Y FACW
3.
4.
5.
6.
10 = Total Cover
50% of total cover: 5 20% of total cover: 2
Herb Stratum (Plot size: 30' )
1._Saururus cernuus 15 Y OBL
2. L pus virginicus 15 Y OBL
3.
5.
6.
7.
9.
10.
11.
30 = Total Cover
50% of total cover: 15 20% of total cover: 6
Woody Vine Stratum (Plot size: 30' )
t.
2.
4.
5.
= Total Cover
50°h of total cover: 20% of total cover:
numbers here or on a separate sheet.)
Sampling Point: DP1: Wtld BC
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 5 (A)
Total Number of Dominant
Species Across All Strata: 5 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 83.3% (AIB)
Prevalence Index worksheet:
Total % Cover of:
Mukidv by:
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals:
(A) (B)
Prevalence Index = B/A =
_ 1 - Rapid Test for Hydraphytic Vegetation
_2L 2 - Dominance Test is >50%
_ 3 - Prevalence Index is 53.4'
_ 4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ Problematic Hydrophytic Vegetation' (Explain)
'indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Tree - Woody plants, excluding woody vanes,
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 ant or larger in diameter at breast height (DBH).
Sapling - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub - Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.
Herb - All herbaceous (ran -woody) plants, including
herbaceous vines, regardless of size, and woody
planus, except woody vines, less than approximately 3
ft (1 m) in height.
Woody vine - All woody vines, regardless of height.
Hydrophytic
Vegetation
Present? Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point:DP1: Wtld BC
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) Color (moist) % T � Loci Texture Remarks
0-3 7.5YR 4/4 100 Silty Clay Loam
3-16 7.5 YR 5/2 90 7.5YR 5/8 10 _C pL Sandy Clay Loam
'T : C --Concentration, D=DePletion, RM=Reduced Matrix, MS=Masked Sand Grains. ZLocation: PL --Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Solls':
_ Histosol (Al)
_ Dark Surface (S7)
_ 2 an Muck (A70) (MLRA 147)
_ Histic Epipedon (A2)
_ Polyvalue Below Surface (S8) p1ALRA 147, 148)
_ Coast Prairie Redox (A16)
_ Black Histic (A3)
_ Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147, 148)
_ Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F19)
_ Stratified Layers (AS)
Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muds (A10) (LRR N)
_ Redox Dark Surface (F6)
_ Very Shallow Dark Surface (TF1 2)
Depleted Below Dark Surface (All)
_ Depleted Dark Surface (F7)
_ Odw (Explain in Remarks)
_ Thick Dark Surface (A72)
_ Redox Depressions (F8)
_ Sandy Mucky Mineral (S1) (LRR N,
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 147, 148)
MLRA 136)
Sandy Gleyed Matrix (S4)
_ Umbric Surface (1`13) PALRA 136, 122)
;indicators of hydrophytic vegetation and
_ Sandy Redox (S5)
_ Piedmont Floodplain Soils (1`19) pNLRA 148)
wetland hydrology must be present,
Stripped Matrix (S6)
_ Red Parent Material (F21) (ULRA 127, 147)
unless disturbed or problematic.
Type:
Depth (inches):
Remarks:
Hydric Soil Present? Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

INGLESIDE
APPROXIMATE WETLAND AND STREAM DIMENSIONS
WETLANDS
SQ -R A=
STREAMS
LE
ACES
Wetland BIC
0.07
Perennial Stream B
50
0.01
Wetland DIE
0.05
Perennial Stream F
150
0.02
Total Wetlands
0 0.12
Total Streams
200
0.03
TOTAL SITE ACREAGE
129.4
TOTAL WATERS OF THE US ACREAGE
0.15
TOTAL UPLAND ACRES
129.25
--- -- NOTES 1
Table 1: WOUS
Summary Table 1
y
L --j
i
f
i
i
Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC. —

too
Threatened & Endangered Species ~
Report

THREATENED & ENDANGERED / PROTECTED SPECIES
EVALUATION
BARNETT PROPERTY
Mecklenburg County, NC
January 5, 2015
Updated April 23, 2015
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
10612-D Providence Road
PMB 550
Charlotte, NC 28277
(704) 904 —2277
www.wetlands-epg.com

Wetlands and Environmental Planning Group Leonard S Rindner, PLLC.
THREATENED & ENDANGERED/PROTECTED SPECIES EVALUATION
BARNETT PROPERTY
MECKLENBURG COUNTY, NC
GENERAL LANDSCAPE DESCRIPTION:
The Barnett property is approximately 130 acres, located just north of Bud Henderson
Road and east of Beatties Ford Road, in Mecklenburg County, North Carolina. The site
can be found on the Lake Norman South USGS Topographic Quadrangle Map; latitude
is 35.4046 ON, longitude is 80.9182 °W. The topography consists of mostly flat upland
and gentle slopes grading into stream corridors with the elevation ranging from 680 to
750 ft. (Figure 1).
BARNETTPROPERTY
MECKLENBURG COUNTY, NC
1
t
LOCATION: Lake Norman i 44
LN: 36.0I2 South, NCl:-
LOnp'
NUC: 07060101 9Si$f. , G t - N
UppOr Ct.wo• 129110 ~ I S
SCALE
131.000
(..
FIGURE NO. BARNETT PROPERTY Dawn By: R—ewec By
6M Meckknburll County, NC IRG Si
1 DATE:
USGS MAP– WATERS OF THE U.S.
E10STING CONDITIONS STUDY 12/11/2014
rri_ ._ • 51181FCr TO US1ff/NCDFNR VERORCATION
Charlotte Office: vvww.wetlands-epg.corn Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg, I
PMB 550 Suite 10. PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] [phone]
len. rindner@@wetlands-epg. com amanda. Jones@wetlands-epg. corn

METHODOLOGY:
The US Fish and Wildlife Service website htto:/Iwww.fws.aov/endangered/ was
referenced on April 11, 2015 to determine the occurrence of Threatened and
Endangered species for Mecklenburg County North Carolina, the results of which are
listed below (Table 1). Maps and aerial photographs were assembled and the site was
investigated on January 2, 2015.
Three plant species with federal protection were included in the survey efforts:
• Schweinitz's sunflower (Helianthus schweinitzh), listed as Federally Endangered,
is typically found in open habitats which historically have been maintained by
wildfires and grazing bison and elk herds. Now most occurrences are limited to
roadsides, woodland and field edges, and utility rights-of-way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is
typically found in open woods, cedar barrens, roadsides, clear cuts, dry
limestone bluffs and power line rights-of-way, requiring abundant sunlight and
little competition from other plant species.
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires
habitat of sandy forests and woodland edges. This species requires periodic fire
as a part of its ecology.
A total of three animal species with federal protection are listed as potentially occurring
in Mecklenburg County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of open
water such as lakes, marshes, seacoasts and rivers, where there are suitable
fish populations and tall trees for nesting and roosting.
• Carolina heelsplitter (Lasmigona decorata), listed as Federally Endangered, is
restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds
are required for this species. Typically stable areas occur where the stream
banks are well -vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead trees.
Males and non -reproductive females may also roost in cooler places, like caves
and mines. It has also been found, rarely, roosting in structures like barns and
sheds. Northern long-eared bats spend winter hibernating in caves and mines,
called hibernacula.
Charlotte Office;
www.wetlands-epg.com Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd.. Bldg. I
PMB 550
Suite 10. PMB 283
Charlotte. NC 28277
Asheville, NC 28805
[phone]
[phone]
Ien.rindnerQwedands-epg.com
amanda.lonesQwetlands-epg.com

Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg
County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Database search performed on April 11, 2015
Groun Ham Status Lead Office
Clams
Carolina heelsplitter
Endangered
Asheville Ecological
(Lasmigona decoratW
Services Field Office
Flowering
Smooth coneflower (Echinacea
Endangered
Raleigh Ecological
Plants
laeyi ata)
Services Field Office
Flowering
Schweinitz's sunflower.
Endangered
Asheville Ecological
Plants
(Helianthus schweini zjfi
Services Field Office
Flowering
Michaux's sumac (Rhus
Endangered
Raleigh Ecological
Plants
michauxib
Services Field Office
Mammals
Northern Lona -Eared Bat
Threatened
Twin Cities Ecological
(My-otis septentrionalis)
Services Field Office
RESULTS:
Habitat Descriptions
(Species lists reflect the seasonality of the survey)
The site is characterized by expansive pastureland and hayfields on the flats and slopes,
young and medium aged pine plantations on the western slopes, and scattered,
disturbed mixed pine/hardwood stands. There are cattle being pastured on the site with
a barn and outbuildings, and numerous fencerows. The streams on site have been
recently restored (in part) with planted trees and wetland plants.
The assemblage of plants growing in the transitional edges of the open fields and
disturbed roadside includes Fescue (Festuca sp.), Johnson Grass (Sorghum
ha/epense), Brazilian Verbena (Verbena brasiliensis), Panic Grass (Panicum sp.),
Sericea Lespedeza (Lespedeza cuneata), Love Grass (Eragrostis sp.), Ragweed
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd.. Bldg, I
PMS 550 Suite 10. PMB 283
Charlotte. NC 28277 Asheville, NC 28805
[phone] [phone]
[e-mail] amanda.lonesd9Pwetlands-epg.com

(Ambrosia artemisiifolia), Curly Dock (Rumex crispus), Goldenrod (Solidago sp.),
Blackberry (Rubus sp.), Winged Sumac (Rhus copallina), Japanese Honeysuckle
(Lonicera japonica), Broomsedge (Andropogon virginicus), Groundsel (Seniicio sp.), Bull
Thistle (Carduus pumilus), Rabbit Tobacco (Gnapthalium obtusifolium), St. John's Wort
(Hypericum punctatum), Venus' Looking Glass (Specularia perfoliata), Poke Weed
(Phytolacca americana), Gamma Grass (Tripsacum dactyloides), and Purple Top
(Tridens flavus).
The disturbed mixed pine/hardwood stands are comprised of Short -leaf Pine (Pinus
echinata), White Oak (Quercus alba), Willow Oak (Q. Phellos), Sweet Gum (Liquidambar
styraciflua), Tulip Poplar (Liriodendron tulipifera), Red cedar (Juniperus virginiana), and
Blackgum (Nyssa sylvatica). These areas have been utilized as cattle pasture.
The western slopes are covered with Loblolly Pine plantations (Pinus taeda).
Endanaered/Protected Species Results
• Although potential habitat exists for Schweinitz's Sunflower, Michaux's Sumac
and Smooth Coneflower along the roadside corridor, field, and woods edges,
examination of these areas revealed no occurrences on-site.
• No habitat exists on the site for Bald Eagles, and there were no sightings nor
were any nesting sites observed.
• The on-site streams are either degraded or do not appear to have the habitat
characteristics required to support populations of the Carolina Heelsplitter. Based
on existing documentation, Carolina Heelsplitter populations have not been
previously identified within this basin. No individuals were observed during the
survey nor would any be expected on-site.
• According to information supplied by USFWS, potential late spring/summer
habitat exists for the Northern Long- Eared Bat (NLEB) within limited forested
areas and along wooded edges on site. Most of the property is currently
pasture/open agricultural lands. However, this site may be subject to section 7
and/or section 9 of the ESA which may affect tree clearing activities from May 15
through August 15.
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB $50 Suite 10, PMB 283
Charlotte. NC 28277 Asheville, NC 28805
[phone] [phone]
len, rindnerQwetlands-epg.com amanda.lonesQwetlands-epg.com

5
Wetlands and Environmental Planning Group Leonard S Rindner, PLLC.
RECOMMENDATIONS:
We recommend further consultation with you and your project planners and engineers
regarding coordination with USFWS and other federal and state agencies.
Respectfully submitted,
K
AA
Lisa R. Gaffney, Biologist
April 23, 2015
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10. PMB 283
Charlotte. NC 28277 Asheville. NC 28805
[phone] (828)708-70S9
len.rindner(g wetlands-epg.com amanda. ones
I Ccswetlands-epg.com

t:
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained Botanist and has conducted field work and
investigative studies covering thousands of cumulative acres in both North and
South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County
for the North Carolina Natural Heritage Program, collecting field data and
writing reports.
• Lincoln County NC Natural Heritage Inventory 2000-2001. Organized,
directed, and worked in field survey of natural areas in Lincoln County for
the North Carolina Natural Heritage Program, collecting field data and
writing reports.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 20,000 acres in North and South Carolina, 1996 -
present.
• Located and identified at least six previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf.
• Located a previously unknown population of Federally Endangered
Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This
discovery led (in part) to the purchase of the site by the State of North
Carolina Plant Conservation Program, now called Redlair Preserve. This
population has become a Recovery Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.
Charlotte Office:
www.wetlands-epg.com Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB S50
Suite 10. PMB 283
Charlotte. NC 28277
Asheville, NC 28805
[phone]
[phone]
Ien.rindnerQwedands-epg.com
amanda.lonesQwetlands-epg.com

A
Cultural Resources
Report

R.S. Webb & Associates
Cultural Resource Management Consultants
2800 Holly Springs Parkwav, Suite 200 • P.O. Drawer 1319
Holly Springs, Georgia 30142
Phone: [phone] • Fax: [phone]
January 26, 2015
Mr. Len Rindner
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, North Carolina 28105
Subject: Findings - Cultural Resources Reconnaissance Survey
Barnett Development Tract
Mecklenburg County, North Carolina
R.S. Webb & Associates No. 14-649-032
Dear Mr. Rindner:
BACKGROUND
During the period of January 13 through 16, 2015, R.S. Webb & Associates conducted a cultural
resources literature review and field reconnaissance survey of the 129 -acre Barnett development tract
in Mecklenburg County, North Carolina (Figure 1). For this study a "cultural resource" is defined
as a discrete area of human activity that is more than 50 years old. Cultural resources include but
are not limited to archeological sites, historic structures, military earthworks, mines/mining features,
historic cemeteries, and historic landscape features. The purpose of the reconnaissance survey was
to determine if previously recorded cultural resources are located within the project area and to
estimate the likelihood of unrecorded significant cultural resources [i.e., eligible for the National
Register of Historic Places (NRHP)] being present within the study tract. A secondary goal was to
generally assess land use history and potential post -depositional effects on cultural resources.
METHODOLOGY
Literature and Records Search: Archival sources and background data on the project area were
gathered from the following repositories:
• North Carolina State Historic Preservation Office (SHPO), Raleigh, North Carolina
• North Carolina Office of State Archeology (OSA), Raleigh, North Carolina
• State Archives of North Carolina, Raleigh, North Carolina
• The North Carolina Historic Preservation Office GIS Web Service (HPOWEB, found
at http://gis.ncdcr.gov/hpoweb/)
• North Carolina Maps Project, found at http://www2.lib.unc.edu/dc/ncmaps/
Records at the OSA, including the official files and maps, were examined, followed by a review of
the pertinent site forms, and manuscript/report files. At the SHPO, pertinent compliance document
files, official maps, NRHP/pending files, and Mecklenburg County historic structures survey files
were reviewed. The HPOWEB GIS database was also used to confirm the presence or absence of

Findings - Cultural Resources Reconnaissance Survey, Barrett Development Tract Page 2
January 16, 2015
state -recognized historic resources in Mecklenburg County. At the State Archives, historic maps and
aerial photographs were examined for features including trails, roads, structures, and cemeteries.
Historic county maps were also viewed through North Carolina Maps, a collaboration of the
University of North Carolina, the State Archives of North Carolina, and the Outer Banks History
Center.
The following sources were examined to search for historic resources within and adjacent to the
project area:
• 1910 USDA Mecklenburg County Soil Map
• 1911 Post Office Department Map of Mecklenburg County
• 1938 State Highway and Public Works Commission Maps of Mecklenburg County
• 1938, 1951, and 1968 Aerial Photographs of Mecklenburg County
Reconnaissance Field Survey: The field reconnaissance was designed to sample areas likely to
contain prehistoric and/or historic resources. The Project Archeologist walked transects across the
project area landforms shown in Figure 2. Exposed areas, such as road cuts, trails, tree falls, and
eroding banks, were examined for artifacts. To monitor subsurface conditions, screened shovel tests
were excavated at 30 -meter (m) intervals along most reconnaissance transects. Occasionally, shovel
test intervals along the sloping edges of ridge lines were expanded to 60 m. Shovel testing involves
the excavation of 30 -by -30 -centimeter (cm) pits and screening the soils through 0.64 -cm hardware
cloth to enhance the recovery of artifacts. Cultural resources were recorded and photographed, and
their locations plotted on the project map.
RESULTS
Literature and Records Search
Previous Archeological Investigations: According to maps on file at the OSA, there have been no
cultural resources management projects performed within 1.6 kilometers (km) (1.0 mile) of the
project area.
Previous Architectural Investigations: According to SHPO personnel, the North Carolina HPOWEB
database is the definitive source of architectural survey information for Mecklenburg County.
National Register of Historic Places: A review of National Register files and maps indicates that
there are no NRHP-listed properties within 1.6 km of the project area (Figure 1).
Previously Recorded Archeological Sites: According to OSA records there are no previously
recorded archeological sites located within 1.6 km of the project area.
Mecklenburg County Historic Structures Survey: According to the North Carolina HPOWEB
database, there are three recorded historic structures located within 600 m of the project area. They
include Resource MK -1454 (Carl Beard House) located approximately 580 m north, Resource MK -
1464 (Davidson McDonald House) located about 600 m southwest, and Resource MK -1471
(Sunnyside or Ingleside Plantation) located in a project area out -parcel on the north side of Bud
Henderson Road (Figure 1). The last named historic resource (only the plantation house itself) was

Findings - Cultural Resources Reconnaissance Survey, Barrett Development Tract Page 3
January 26, 2015
designated a county landmark property by the Charlotte -Mecklenburg Historic Properties
Commission in 1977.
Revolutionary War Actions/Features: Following the Battle of Charlotte (September 26, 1780) and
a brief occupation of the town, the British abandoned hope of gaining support among the citizens of
central and western North Carolina. In the wake of their surprising defeat at the Battle of Cowpens
(January 17, 1781), the British turned their attention to the destruction of the American Continental
Army, which was moving eastward to rendezvous and resupply at Salisbury. A group of North
Carolina militia were posted to guard roads leading from the ferries and fords of the Catawba River
and to delay the British pursuit. On February 1, 1781, the British attempted to cross a portion of
their army at Cowan's Ford, about three miles northwest of the project area. A brief battle ensued
which resulted in the death of militia General William Lee Davidson. The battle had little effect on
British momentum, but their pursuit of the American army concluded at the Battle of Guilford
Courthouse (Greensboro, North Carolina) on March 15, 1781 (Cross 2006).
Civil War Actions/Features: Review of the Official Military Atlas of the Civil War (Davis et al.
1983) shows that the Union army passed through Lancaster County, South Carolina in the fall of
1864 and turned eastward to Waynesboro, thus bypassing the Mecklenburg County area. While there
were no nearby Civil War -related military skirmishes or engagements, raiding and foraging could
certainly have taken place all across the project region.
Historic Cemeteries: No recorded historic cemeteries are located within or abutting the project area,
and none appear on historic maps and aerial photographs.
Structures on Historic Maps and Aerial Photographs: The 1910 USDA Soil Map and the 1911
County Commissioner's maps of Mecklenburg County show no structures located in the project
area. The course of the current Bud Henderson Road appears relatively unchanged from that
depicted on these early 20`h century maps. A minor, north -south -trending road appears immediately
east of the project area, but its course is no longer present or in use (Figure 1). Structures appear on
the north side of Bud Henderson Road, in the project area out -parcel, at or near the southeast project
corner, and west of the intersection with the minor road (Figure 1). The 1938 Mecklenburg County
highway map shows a group of four structures located at or near the project area out -parcel and a
structure at or near the southeast project corner. Neither the minor road nor the structure located at
its intersection with Bud Henderson Road appear on the 1938 map.
Aerial photographs taken in 1938 show that, generally, the north half ofthe project tract was wooded
and the south half was under cultivation. The current northeast project boundary line is clearly
discernible on the 1938 aerial photograph. The course of Bud Henderson Road and the distribution
of structures are similar to the early 20`h century maps. The exceptions are three structures that
appear, aligned north -south along the east side of the creek, in the project area (Figure 1). A tertiary
road leading north from Bud Henderson Road, along the west side of the out -parcel, linked these
structures (Figure 1). The structures located in the project area, and the road associated with them,
are not detectable on the 1951 aerial photographs, but they were located in a heavily wooded section
of the project area. The structure located at or near the southeast project corner does not appear on
the 1951 aerial photographs. The current northeast project boundary line was still clearly visible in

Findings - Cultural Resources Reconnaissance Survey, Barrett Development Tract Page 4
January 26, 2015
1951 and in 1968, and land use practices appear to have been relatively unchanged from the earlier
aerial photos. Two of the three structures in the project area were distinguishable in 1968.
Field Reconnaissance
Land Use: Figure 2 shows that the project area consists primarily of moderate to steep side slopes,
ridge ends and ridge spurs approaching tributaries to McDowell Creek from the east, west and north.
Where not deeply incised, floodplains tend to be poorly drained or subject to flooding. Field
observations indicate that the project area has been subjected to very harsh land use practices related
to initial clearing/logging, exhaustive farming, severe erosion, and especially contour terracing. The
project area is a mix of pastured fields and clearcut areas. Shovel test data from the current
reconnaissance survey confirm eroded to highly eroded A -horizon sandy loam, to silt loam, to clay
loam over compact clay subsoil across the project area. A -horizon deposits measured 30 cm in depth
at one location; over 90 percent of the deposits were 10 cm or less in thickness.
Archeological Resources: Shovel tests were conducted along 23 transects, traversing landforms with
a high probability for containing archeological sites (Figure 2). As a result, one prehistoric
archeological site was recorded. The low site density is probably due to the highly eroded nature of
the project area (i.e., overall lack of original A -horizon soils), subsequent early to middle 20`h century
soil conservation efforts (i.e., terracing), and the moderate to steep slope across much of the project
area.
Archeological Site 1: This site is a prehistoric lithic scatter located on a west -facing ridge end in the
north central portion of the project area.; a tributary to McDowell Creek is about 110 in to the west
(Figure 2). Shovel tests at the site revealed 10 to 20 cm of grayish -brown loamy sand, over 10 cm
of mottled brownish -red to yellowish -red clay loam, over yellowish -red clay. Three quartz artifacts
were recovered from two positive shovel tests. These included one thinning flake and two flake
fragments. The artifacts suggest only that lithic reduction activities took place at this location
during an unknown period in prehistory. This site appears to be confined to the plowzone and has
been severely scattered and disturbed by 19' and early to middle 20`h century land use practices. On
this basis, Site 1 is probably ineligible for the NRNP.
Historic Resources: No historic architecture or other historic features were recorded within the
project area. As noted above, Sunnyside or Ingleside Plantation (Resource MK -1471) is located in
a project out -parcel on the north side of Bud Henderson Road (Figures 1, 2, and 3). Reportedly
constructed shortly after the Civil War (circa 1867 to 1873), Ingleside appears to be a good example
of Italianate style and is likely eligible for the NRHP under eligibility Criteria A (broad pattern in
history), B (association with a prominent individual), and C (architecture). This house and
surrounding yards/grounds are considered an "historic landmark" by Charlotte -Mecklenburg County.
It appears that there is adequate mature vegetation within the Ingleside tract to buffer view of the
proposed development. However, is recommended that a vegetative buffer be maintained along the
common boundary between Ingleside and the project area.
SUMMARY AND CONCLUSIONS
Research revealed that no previously recorded cultural resources are located within the project area.
The current reconnaissance field survey identified one severely disturbed prehistoric lithic scatter
that does not meet NRHP eligibility criteria.

Findings - Cultural Resources Reconnaissance Survey, Barrett Development Tract Page 5
January 26, 2015
Ingleside Plantation, a local Historic Landmark, abuts the project area boundary on the north side
of Bud Henderson Road. A vegetative buffer between this property and the project area is
recommended to buffer the view of the project area from Ingleside.
CLOSING COMMENTS
Mr. Rindner, we appreciate the opportunity to work with you on this project. If you have any
questions or comments, please contact me at 770-345-0706.
Sincerely,
R.S. WEBB & ASSOCIATES
16ai Y /
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachments: Figures 1-3
REFERENCES
Cross, J.L.
2006 "Battle of Cowan's Ford". NCPedia. Internet -Online. Fount at: http://ncpedia.org/
cowans-ford-battle. Accessed 8 Sept 2014.
Davis, G.B., L.J. Perry and J.W. Kirkley, compiled by C.D. Cowles
1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint
of the 1891-1895 edition. The Fairfax Press, NY.

Ir
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iJaM. Alexander House. - j r
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-.0
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McDonald Hous \ '^• . ,�� M (1 rw
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`"l�i`•. /I '-"l \ (b.�r�fi� 4�%Cid L� --'1 h �'� I�. /�� /�\\ �5 ��T\
"• Road on Historic Maps and Aerial Photographs ■ Recorded Historic Resource
Structure on Historic Maps and Aerial Photographs 0 Recorded Archeological Site
Map Reference: 7.5-Minute USGS Quadrangle Scale
Lake Norman South (1993), NC 0 610 meters
0 2000 feet
Figure 1 Project Area and Previously Recorded Cultural Resources Location Map

t00,
.,ti
-w-�-'" Archeological}
Site 1,
Project Area
..� _ 12 10
16
JnglK eside,
(M 1471.)
Map Reference: 7.5 -Minute USGS Quadrangle Scale
Lake Norman South (1993), NC 0 104 meters
0 340 feet
Figure 2 Survey Coverage and Cultural Resources Location Map

I

Previous Approvals

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2015-02219 County: Mecklenburg USG Quad: NC -LAKE NORMAN
SOUTH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Fred Matrulli, Standard Pacific Homes, Charlotte
Address: 6701 Camel Road Suite 425
Charlotte, North Carolina 28226
Telephone No.: 704-759-6040
Size and location of property (water body, road name/number, town, etc.): The project Ingleside is
located at 7049 Bud Henderson Road, Huntersville, Mecklenburg County, NC 28078 Coordinates:
35.4039,-80.918
Description of projects area and activity: This permit authorizes excavation and placement of fill
material associated with residential development. Authorized impacts are: Permanent- W1 -
Culvert .027 acres, W2- Culvert 0.044 of Wetland fill, S1 culvert 1221f, S2 fill 20 If.
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
Additional .Remarks and/or Special Permit Conditions
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted application and attached information dated October 6, 2015.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, 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. You may also visit their website at: htt�/portal ncdenr or Deb/wq/swp/ws/websp4 e
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), 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 William Elliott at 2 -271.79 .
Corps Regulatory Official William Elliott Date: November 19, 2015

Expiration Date of Verification: March 17, 2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://per2.nwn-usace.army.mit/survev.html to complete the s4rvey online.

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the,above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area 'subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination:
The site contains wetlands as determined by the 1.987 Corps of Engineers Wetland Delineation Manual and the
Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and
Piedmont Region. These wetlands are adjacent to stream channels Located on the property that exhibit indicators of
ordinary high water marks. The stream channel on the property is an unnamed tributary to McDowell Creek which
flows into the Upper Catawba River.
This jurisdictional determination is valid for the impact areas only.
Attention. USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in
B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. if you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth. Street SW, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 33 1.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

Corps Regulatory Official: William Elliott
Issue Date: November 19, 2015
Expiration Date: Five years from Issue Date
Copy Furnished:
Agnes B., B Alexander Jr., Lillian Unger, Barnette, 7107 Bud Henderson Road, Huntersville, NC 28078,
Leonard S. Rieder, LLC-WEPG 1070 Tunnel Road, Bldg 1, Suite 10, .PMB 283 Asheville, NC 28805

Permit Number: SAW -2015-0221.9
Permit Type: 29
Name of County: Mecklenburg
Name of Permittee: Fred Matrulli, Standard Pacific Homes, Charlotte
Date of Issuance: November 19, 2015
Project Manager: William Elliott
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
1.51 Patton Avenue, Room 208
Asheville, North Carolina 28,801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Pemlittee Date

I\iC?TII It
Al ION OF Ah1)MINISIIiAI1L'L APPEAL OP ION'%- N1) PROC ESS, ��Nll _ _ �� �� �
1.i�I.�1�1 LN '�-•-a fi ,.3,,^r�"''F— 8.F"" z-- rai ra '09^�m�csa
of x,
N I
Applicant: Fred Matrulli, Standard Pacific Homes, File Number: SAW -2015- Date: November 19,
Charlotte 02219 2015
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SIITION 1 "I'he following identifies yotYr rights and options regarding an administrative appeal of tie above
decision, Additional information may be4.found at
bttpVwww-usgq5.army.mil/QgCW/Pages,lregmaterials as ;or Co..:. r izlatrons: at 33 CI?R Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice_
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 day's of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved M.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section Il of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
P
P.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting and any supplemental. information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you mu grovide additional information to clarify the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
William Elliott, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
IJ.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room I OMI 5
Asheville, NC 28801
Atlanta, Georgia 30303-8801
828-271-7980
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60, Forsyth Street, Room I OM15, Atlanta, Georgia 30303-
8801. Phone: [phone]

NATIONWIDE PERMIT 29
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Residential Developments. Discharges of dredged or fill material into non -tidal waters
of the United States for the construction or expansion of a single residence, a multiple unit
residential development, or a residential subdivision. This NWP authorizes the construction of
building foundations and building pads and attendant features that are necessary for the use of
the residence or residential development. Attendant features may include but are not limited to
roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields,
and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf
course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2 -acre of non -tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by
making a written determination concluding that the discharge will result in minimal adverse
effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United
States authorized by this NWP cannot exceed 1/2 -acre. This includes any loss of waters of the
United States associated with development of individual subdivision lots.
- Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 31.) (Sections 10 and 404)

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
I . Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of. the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. All permanent and temporary crossings of waterbodies shall be suitably culverted,
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized..
4. MigrgM Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
K

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
9. Manaizement of Water Flows. To the maximum extent practicable, the pre -construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100 -Year Floodnlains. The activity must comply with applicable FEMA -
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity -specific conditions added by the district engineer to an NWP
authorization.
15'. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the"
appropriate Federal land management agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest. Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or
a species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless Section 7 consultation addressing the effects of the proposed activity has been
completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district
engineer will review the documentation and detemvne whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, and shall not begin work
on the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that might affect Federally -listed
endangered or threatened species or designated critical habitat, the pre -construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that might be affected by the
proposed work. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the non -
Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -
construction notification. In cases where the non -Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification the proposed
activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation
has been completed. if the non -Federal applicant has not heard back from the Corps within 45
days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NNIFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NW does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the .
jurisdiction of the United States to take a listed species, where "take" means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct. The word "harm" in the definition of "take" means an act which actually kills or injures
wildlife. Such an act may include significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding or sheltering.
4

(i) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
web pages at http://www.fws.gov/ or http://www.fws.gov/il2ac and
httl2://w,Atw.noaa.gov/fisheries.html respectively.
19. Migratory Birds and Bald and Golden Eames. The permittee is responsible for
obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations
governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and
Wildlife Service to determine if such "take" permits are required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 1.06 of the National
Historic Preservation Act (NHPA) have been satisfied.
'(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will review the documentation and determine whether
it is sufficient to address section 106 compliance for the NWP activity, or whether additional
section 106 consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of Section 106 of the National Historic Preservation Act. The district engineer shall.
make a reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, oral history interviews, sample field investigation,
and.field survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non -Federal applicant has identified historic properties on which the
activity may have the potential to cause effects and so notified the Corps, the non -Federal
applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to cause effects or that consultation under Section 106 of the NHPA has been
completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA

section. 106 consultation is required and will occur., the district engineer will notify the non -
Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If
the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would .relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACNP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACNP and
provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic properties affected, and proposed mitigation. This documentation must include any
views obtained from the applicant, SHPOfMPO, appropriate Indian tribes if the undertaking
occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination bas been completed. The district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
The district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance. with general condition 31, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal, and
provides a project -speck waiver of this requirement. For wetland losses of 1/10 -acre or less
that require pre -construction notification, the district engineer may determine on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, wetland restoration should be the first compensatory mitigation option
considered.
(3) If permittee -responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be
used by the district engineer to make the decision on the NW verification request, but a final
mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) -- (14) must be
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
(4) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the number of
credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre -construction notification,
the district engineer may require compensatory mitigation, such as stream rehabilitation,
enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the
aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of

the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g., conservation easements) of riparian areas next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist
of native species. The width of the required riparian area will address documented water quality
or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to establish a riparian area
on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or
establishing a riparian area along a single bank or shoreline may be sufficient. Where both
wetlands and open waters exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based
on what is best for the aquatic environment on a watershed basis. In cases where riparian areas
are determined to be the most appropriate form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate
permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, permittee -responsible compensatory mitigation may be environmentally preferable if
there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the
special conditions of the N WP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory.mitigation project, and, if required,
its long-term management..
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non -Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than. minimal degradation of water quality.
8

26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3 -acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with.a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the. associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter
from the Corps must provide'a signed certification documenting completion of the authorized
activity and any required compensatory mitigation. The success of any required permittee -
responsible mitigation, including the achievement of ecological performance standards, will be
addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will
include:
6

(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu
fee program are used to satisfy the compensatory mitigation requirements, the certification must
include the documentation required by 33 CFR 332.30)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre -construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional
information necessary to make the PCN complete. The request must specify the information
needed to make the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective
permittee does not provide all of the requested information, then the district engineer will notify
the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all. of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division
engineer. However., if the permittee was required to notify the Corps pursuant to general
condition 18 that listed species or critical habitat might be affected or in the vicinity of the
project, or to notify the Corps pursuant to general condition 20 that the activity may have the
potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps that there is "no effect" on listed species or "no
potential to cause effects" on historic properties, or that any consultation required under Section
7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National
Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under
NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the
proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
may not begin the activity until the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45 calendar
days of receipt of a complete PCN, the permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
10

(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount of loss
of water of the United States expected to result from the NWP activity, in acres, linear feet, or
other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual
permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory mitigation. Sketches should be provided when necessary to show that the activity
complies'with the terms of the.NWP. (Sketches usually clarify the project and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the
project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other waters on the project site, but there may be a delay if the Corps does the delineation,
especially if the project site is large or contains many waters of the United States. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Coups, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and
why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation pian.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non -Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non -Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
11

(2) .For all NWP activities that require pre -construction notification and result in the loss
of greater than 1/2 -acre of waters of the United States, for NWP 21, 29, 3,9, 40, 42, 43, 44, 50,
51, and 52 activities that require pre -construction notification and will result in the loss of greater
than 300 linear feet of intermittent and ephemeral stream bed, andfor all NWP 48 activities that
require pre -construction notification, the district engineer will immediately provide (e.g., via e-
mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37,
these agencies will have 10 calendar days from the date the material is transmitted to telephone
or fax the district engineer notice that they intend to provide substantive, site-specific comments.
The comments must explain why the agency believes the adverse effects will be more than
minimal. if so contacted by an agency, the district engineer will wait an additional 1.5 calendar
days before making a decision on the pre -construction notification. The district engineer will
fully consider agency comments received within the specified time frame concerning the
proposed activity's compliance with the terms and conditions of the NWPs, including the .need
for mitigation to ensure the net adverse environmental effects to the aquatic environment of the
proposed activity are minimal. The district engineer will provide no response to the resource
agency, except as provided below. The district engineer will indicate in the administrative record
associated with each pre -construction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity may
proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur. The district engineer will. consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or revolted
in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery. Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre -construction notifications to expedite agency coordination.
D. District Engineer's Decision
1. in reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental. effects or may be contrary to the public interest. For a linear
project, this determination will include an evaluation of the individual crossings to determine
whether they individually satisfy the terms and conditions of the NWP(s), as well as the
cumulative effects caused. by all of the crossings authorized by NWP. if an applicant requests a
waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in minimal. adverse effects. When making minimal effects determinations the
district engineer will consider the direct. and indirect effects caused by the NWPactivity. The
district engineer will also consider site specific factors, such as the environmental setting in the
12

vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree
or magnitude to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site-specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 -
acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for projects with smaller impacts. The
district engineer will consider any proposed compensatory mitigation the applicant has included
in the proposal- in determining whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse effects on the aquatic environment are
mmunal, after considering mitigation, the district engineer will notify the permittee and include
any activity -specific conditions in the NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation requirements must comply with the appropriate
provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan
before the permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation.. If the prospective permittee
elects to submit a compensatory mitigation plan with the PCN, the district engineer will
expeditiously review the proposed compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45 calendar days of receiving a
complete PCN and determine whether the proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the district engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP, including any activity -specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer detennines that the adverse effects of the proposed work are
more than minimal, then the district engineer will notify the applicant either: (a) That the project
does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an individual permit; (b) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (c) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45 -day PCN period, with activity -specific
13

conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that
would reduce the adverse effects on the aquatic environment to the minimal level. When
mitigation is required, Do work in waters of the United States may occur until the district
engineer has approved a specific mitigation plan or has determined that prior approval of a final
mitigation plan. is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): 'The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
14

of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached by
a rising tide. The line encompasses spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the normal or
predicted reach of the tide due to the piling up of water against a coast by strong winds such as
those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register
of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,
records, and remains that are related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-linear
project in the Corps regulatory program. A project is considered to have independent utility if it
would be constructed absent the construction of other projects- in the project area. Portions of a
multi -phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for anNWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre -construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
15

flowing water is either non. -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes. .
Pre -construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre -construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A. pre -construction
notification may be voluntarily submitted in cases where pre -construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough .flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
16

which surface and subsurface hydrology connects riverine, Iacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of.a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies
several times at separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as, the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of. "independent
utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits
hi an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion; water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities .are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period.of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat, ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
17

mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or
neighboring — to a waterbody determined to be a water of the United States under 33 CFR
328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single
aquatic unit (see 33 CF..R 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes,
ponds, and wetlands.
18

Final Regional Conditions 2012
NOTICE ABOUT WEB LINKS.INTHIS DOCUMENT. -
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time'ofpublication. However, the Wilmington District Regulatory
Program web page addresses, as with other agency web sites, may change over the timeframe of
the five year Nationwide Permit renewal cycle, in response to policy mandates or technology
advances. While we will make every effort to check on the integrity of our web links and provide
re -direct pages whenever possible, we ask that you report any broken links to us so we can keep
the page information current and usable. We apologize in advanced for any broken links that
you may encounter, and we ask that you navigate from the regulatory home page (wetlands and
stream permits) of the Wilmington District Corps of Engineers, to the "Permits" section of our
web site to find links for pages that cannot be found by clicking directly on the listed web link in
this document.
Final 2012 Regional Conditions for Nationwide Permits (N %T) in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (See Section 2.7 for a list of the twenty-five trout. counties).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period,between February 1 and June 30, without prior written approval from the NMFS.
19

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within Waters of the U.S. that require a Pre -Construction Notification
pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below,
applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa
Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to Federally Endangered Species and the
following website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provides
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
18 requirements: http://www.saw.usacc.army.mil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices listed below or the US Army Corps of Engineers at (910) 251.- 4633:
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
01

2.2 Special Designation Waters
Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in
North Carolina, applicants must comply with Nationwide Permit General .Condition 31 (PCN).
The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Inland Primary Nursery Areas"
(IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina
Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by
the North Carolina Marine Fisheries Commission.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA) must also obtain the required CAMA permit. Development activities
for non-federal projects may not commence until a copy -of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407
West 5th Street, Washington, NC 27889).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 31 (PCN).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment
Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31
(PCN). The latest version of NCWAM is located on the NC DWQ web site at:
littn:Hr)ortal.ncdenr.ora/web/wo/swD/ws/ndu/ncwam .
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
21

impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Western Piedmont Region
Coordinator
Alleghany
Caldwell
Watauga
20830 Great Smoky Mtn.
Expressway
Ashe
Mitchell
Wilkes
Waynesville, NC 28786
Avery
Stokes
Swain
Telephone: [phone]
Burke
Surr
Transylvania
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: [phone]
Graham
I Madison
Transylvania
Fax: [phone]
Haywood I
McDowell
Yancey
3.0 List of Corps Regional Conditions for -All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation. of greater than
300 total linear feet of perennial, intermittent or ephemeral stream, unless the District
Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a
case-by-case basis and he determines that the proposed activity will result in minimal individual
and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear
feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the
loss of ephemeral and intermittent streams must be in writing and documented by
appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet
threshold for NWPs.
*NOTE: Applicants should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
littp://v�nww.saw.usace.army.nlil/wetlands/permits/nwl2/nwp2Ol 2 (see "Quick Links")
22

3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment.
For stream losses less than 150 linear feet, that require a PCN, the District Commander may
determine, on a case-by-case basis that compensatory mitigation is required to ensure that the
activity results in minimal adverse effect on the aquatic environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 1.50 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification
requirements. If aNWP has specific notification requirements, the requirements of the NWP
should be followed. -
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the US. Water inside coffer dams or casings that has been in contact with wet, concrete
shall only be returned to waters of the US when it is no longer poses a threat to aquatic
organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
23

3.5.6. A waiver from the specifications in this Regional Condition may be requested in. writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6 Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed culvert
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of
the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed
within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC
as designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) 7.5 -minute quadrangle maps.
Circular
Culvert,'
Invert
Rise
�Di�►i�et�r}
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
24

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Culverts are to be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested in. writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed, within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried.
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell.fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas maybe used. if
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued by the permittee.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any N WP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
3.9 Sedimentation and Erosion Control Structures and Measures
3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the US. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
25

4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #29 -Residential Developments.
4.1.1. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
4.1.2. Single-family recreational facilities are not authorized by this NWP. Recreational
facilities that are incorporated into serving an entire residential development can be authorized
by this NWP.
4.1.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway* resulting m permanent above -grade fills are not authorized by this NWP.
*NOTE: Floodway-The area designated and/or regulated by Federal, state, or local requirements
to provide for the discharge of the base flood so the cumulative increase in water surface
elevation is no more than a designated height identified by the regulating entity within the 100 -
year floodplain.
4.1.4. Discharges of dredged or fill material into waters of the US, including wetlands, within the
mapped FEMA 100 -year floodplain resulting in permanent above -grade fills are not authorized
by this NWP.
4.1.5. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
4.1.6. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is
necessary to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
26

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Mr. Fred Matrulli
Standard Pacific Homes
6701 Carmel Rd. Ste. 425
Charlotte, NC 28226
Donald van der Vaart
Secretary
October 26, 2015
DWR# 15-1051
Mecklenburg County
Subject: APPROVAL 'of 401 Water Quality Certification with Additional Conditions
Ingleside Residential
Dear Mr. Matrulli:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated October 5, 2015, and received by
the Division of Water Resources (the Division) on October 6, 2015. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification
Number 3890 which can be viewed on our web site at http://aortal.nodenr.org/web/wa/swo/ws/401.
The General Certification allows you to use Nationwide Permit Number 29 once it is issued to you
by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification
are reviewed prior to initiation of the project. In addition to the requirements of the Certification,
you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If the property is sold, the
new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02B
.0243(8), 15A NCAC 02H .0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved I m pacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream relocation
0 linear ft.
142 linear ft.
Wetland
0 acre
0.07 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone] Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

DWR# 15-1051
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be
matted. 15A NCAC 02H.0506(b)(3) and (c)(3)
6. You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of City of Charlotte's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC
27699-1650) before any impacts authorized in this certification occur. After it is approved
and submitted to the Division, the SMP may not be modified without prior written
authorization from the City of Charlotte If the SMP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit
prior to the commencement of the modifications.
7. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
9. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. 15A NCAC 02H.0506(b)(3)
10. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
11. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery.. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
1508 by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am
to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285

DWR# 15-1051
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, NCDEQ
Attachments
cc: William Elliot, Army Corps of Engineers, (email)
Karen Higgins, Wetlands Unit
Amanda Jones, WEPG, (email)

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR# 15-1051
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No.
Date

Water Quality Certification No. 3890
Water Quality Certification Number 3890 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations In 15A NCAC 02H.0600 and 15A NCAC 0213 .0200
for the discharge of rill material to waters and adjacent wetland areas or to wetland areas that are
not a part of the surface tributary system to interstate waters or navigable waters of the United
States as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 44, and 46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
02B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division' ):
a. Any impacts to streams involving excavation or dredging; or
b. Total stream impacts within the project boundaries equal to or greater than 150 linear feet
of stream, including temporary and/or permanent impacts; or
c. Any stream relocation; or
d. Any impact associated with a high density project (as defined in Item (A)(Iv) of the 401
Stormwater Requirements) that is not subject to either a state stormwater program (such
as, but not limited to, Coastal Counties, HQW, ORW or state -implemented Phase It
NPDES) or a certified community's stormwater program; or
e. Temporary or permanent impacts equal to or greater than one-tenth (1/10) acre of wetlands
or open waters, or
f. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -I, WS -Il, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River; o;-
g.
rg. Any impacts to coastal wetlands [15A NCAC 07H .0205)], or Unique Wetlands (UWL) [15A
NCAC 02H.0506]: )r
h. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
DWQ Wetland Rules (15A NCAC 02H.0600), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B.0200); or
i. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins
or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed
with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application)
unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization
Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for
"ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division Is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the writtan approval from the Division,or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable; comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual, The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0 124, Design Standards in Sensitive Watersheds.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures, All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
4. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
htto://portal.ncdenr.orq/webtM/wsisu/npdessw#tab
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5. Construction Moratorium's and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish; larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
• 7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 026 .0233-0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, mus; be met.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most currant version of Stor✓nwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities, classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans. shall be submitted to the Division for written approval as required In those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
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11. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and/or plastic twine shall not be used in
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual, Rip -rap, A -Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this
Certification
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic fife movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
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Water Quality Certification No. 3890
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result In destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
17. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural .integrity of bank
stabilization measures,
18. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams, Any fertilizer application must comply with all other Federal, State and Local
regulations.
19. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to -streams or wetlands: The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes. this Certification shall only be utilized from natural high ground to
natural high.,ground.
20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots whichever is appropriate. A
sample deed notification can be downloaded from the 401Nvetlands Unit web site at
http //portal nod enr org/web/wQ/swo/wsig01/certsandpgrmits/apptvlforms, The text of the
sample deed notification may be modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
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Water Quality Certification No. 3890
21. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
24. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
25. When written authorization is required for use of this certification, upon completion of all
permitted Impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWO Central Office In Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
26. Additional site-specific conditions, Including monitoring and//or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
27. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category. of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
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Water Quality Certification No. 3890
Public hearings may be held for specific applications or group of applications prior to a .
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P. E.
Director
History Note: Water Quality Certification (WQC) Number 3890 issued March 19, 2012 replaces
INQC Number 3$21 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402
Issued March, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1,
2000; WQCs 3106 and 3106 issued February 11, 1997. This Water Quality Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide or
Regional General Permits and/or when deemed appropriate by the Director of the Division of
Water Quality.
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Water Quality Certification No. 3890
Attachment A: 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Welland Stormwater Requirements.'
A. Design and Implementation Requirements. All projects, regardless of project area,
amount of built -upon area or amount of jurisdictional impact, shall meet the following
stormwater design requirements:
i. Non -Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge at a non-erosive velocity prior to
entering the stream or wetland during the peak flow from the ten-year storm.
Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacent to
streams, rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top -of -bank of streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may contain
coastal, isolated or 404 jurisdictional wetlands. Non jurisdictional portions of the
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant materia 1.3
iii. Construction and Operation. The stormwater management plan must be constructed
and operational before any permanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage patterns, must be
maintained in perpetuity."
iv. Coordination with Other Stormwater Programs. Projects that are subject to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
Coastal Counties, HQW, ORW or state -implemented Phase It NPOES, ora Certified
Community's stormwater management program, must be constructed and maintained in
compliance with the approved stormwater management plana
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DWQ stormwater program or a Certified
Community's stormwater program shall meet all of the following requirements:
a. Low Density. A site is low density if all the following requirements are met:
The development has a built upon area of twenty-four percent (24%) or less,
considering both current and future development. When determining the amount
of built upon area, coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in North Carolina's Schedule of Classifications shall be
excluded. If a portion of project has a density greater than 24%, the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable. -
2. All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the NC DWQ Stormwater Best Management Practices Manual. Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No. 3890

Water Quality Certification No. 3890
equal or better water quality protection than the practices specified in the manual.
The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B .020,2(60).'
b. High Density. Projects that do not meet the Low Density requirements shall meet
the following requirements:
1. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty -fire percent (85%) of the
average annual amount of Total Suspended Solids (TSS). Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to e
remove thirty percent (30%) of Total Nitrogen (TN) and Total Phosphorus (TP).
2. All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal. Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manuals
3. DWQ may add specific stormwater management requirements on a case -by -
ease basis in order to ensure that a proposed activity will not violate water quality
standards.10
4. DWQ may approve Low Impact Developments (LIDS) that meet the guidance set
forth in the Low Impact Development: A Guidebook for North Carolina."
5. Proposed new development undertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1)-(4) above. 12
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
1650 Mail Service Center, Raleigh, NC 27699-1650.
I. Projects that are Subject to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HOW,
ORW or state -implemented Phase II NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site, 13
ii. Projects that are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site.5
iii. Projects Not Covered Under Items (1) or (ii). If the project is not subject to another
DWQ Stormwater Program or a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process.
a. Low Density. For low density projects, the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required Items. 13
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Water Quality Certification No. 3890
b. High Density. For high density projects, the applicant shall submit two copies of a
DWQ BMP Supplement Form and all required items at the specified scales for each
BMP that is piroposed.13
Iv. Phasing. stormwater management plans may be phased on a case-by-case basis, with
the submittal of a final stormwater management plan per items (i) -(iii) above required for
the current phase and a conceptual stormwater management plan for the future phase($).
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase Is commenced. The approved
stormwater management plan for each future phase must be constructed and operational
before any, permanent building or other structure associated with that phase is
occupied. 4
Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation of
the local government's approval for record-keeping purposes. If the project is subject to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii) above for any BMPs that have been modified for DWQ's review and
approval.15
' The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and
(c)(5),
2 Non erosive discharge rates are required in SL 2008-211§2(b)(1), The 10 -year design storm
standard is codified in 15A NCAC 02H .1008(f)(2) and .1008(g)(1).
3 30 -foot vegetated setbacks are required in- SL 2006-246§9(d), SL 2008-211 §2(b), 15A NCAC
02H .1006(2)(c) and .1007(1)(a).
4 Construction and maintenance of the stormwater plan is necessary to satisfy 15A NCAC 02H
.0506(b)(5).
Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
6 Low density built upon area thresholds are set in SL 2006-246§9(c) and SL 2008-211§2(b).
The requirement for low density development to use vegetated conveyances is codified in SL
2006-246§9(c), SL 2008-211§2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
8 85% TSS removal is required in SL 2006-246§9(d), SL 2008-211§2(b), 15A NCAC 02H
.1006(2)(c), 15A NCAC 02H .1007(1)(a). The 30% TN and TP removal requirements for NSW
waters are set forth in 15A NCAC 02B .0232, 15A NCAC 0213.0257(a)(1), 15A NCAC 02B
.0265(3)(a) and 15A NCAC 02B.0277(4).
9 The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
10 The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H .0506.
" The LID Toolbox is also referenced in 15A NCAC 02B .0277(4)(g).
12 The term "public road project" is defined in15A NCAC 02B .0265(3)(a).
13 Conveys application procedure to streamline the permitting process.
14 Phased development is addressed as a "common plan of development" in 15A NCAC 02H
.1003(3).
15 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H .1011.
Water Quality Certification No. 3890 11