20181218 Ver 1_401 Application_20180818

41 WE PG
Preliminary ORM Data Entry Fields for New Actions wetlands and Environmental Planning Group
Leonard S. Rindner. PLLC.
SAW — 201 - BEGIN DATE [Received Date]: 20 8 1 2 1 8
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Farmington
2. Work Type: Private Fv—(] Institutional ❑ Government ❑ Commercial,jn
3. Project Description / Purpose [PCN Form 63d and 133e]:
PCN submittal for a mixed-use development in Mecklenburg / Cabarrus Co.
4. Property Owner / Applicant [PCN Form A3 or A4]:
Rocky River Road Associates, LLC
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 65b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 61b]:
35.2870,-80.6728; Located on the north side of Rocky River Road and adjacent to the east side of
1-485.
8. Project Location - Tax Parcel ID [PCN Form 61a]: 10536101 , 5506141031
9. Project Location — County [PCN Form A2b]: Mecklenburg / Cabarrus
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: Fuda Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: 03040105
Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 18,29, 39
❑ Regional General Permit #
❑ Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 2015
QU6 3D
0 2018 I

Wetlands and Environmental Planning Group
August 28, 2018
Ms. Catherine Janiczak
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue
Asheville, NC 28801-5006
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Moorseville, NC 28115
Ms. Karen Higgins
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Leonard S. Rindner, PLLC.
Subject: Pre -Construction Notification for NWP #s 18, 29 & 39 for the Farmington Mixed -
Use Development Site, Charlotte, Mecklenburg County, North Carolina.
Mses. Janiczak and Higgins and Messrs. Johnson and Hamstead,
Enclosed is a request for a Nationwide Permit #s 18, 29 & 39 for the approximate 152.2 -acre
site known as the Farmington site located on the north side of Rocky River Road and
immediately adjacent to the east side of I-485. The site encompasses property in both
Mecklenburg and Cabarrus County. Currently this site is being proposed as a mixed-use
development (commercial and residential) and consists of fifteen streams and twenty seven
wetlands. These features were field -verified by William Elliot (USACE) and a preliminary
jurisdictional determination was approved on August 28th, 2015 (SAW -2014-01152). Please
refer to the Jurisdictional Determination section for information on onsite surface waters.
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] 1
I en. ri [e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
As shown on the attached exhibits, the proposed project will include impacts associated with
three road crossings and one BMP installation. Impacts to site surface waters associated with the
proposed development were limited through site selection location, design, location/orientation
of the proposed lots, associated parking areas and access routes. A bottomless culvert was used
to completely avoid impacts to stream N. Total permanent impacts proposed are to 266 linear
feet of stream channel (Streams H, K, M & P) and 0.106 acres of wetland (Wetlands A, B, C,
00, WB & WE).
Efforts of impact minimization were implemented during the design to preserve the existing
channel hydrology and limit adverse effects to existing, onsite natural habitat. The stream
impacts have been minimized to include only the necessary roadway crossings to provide the
required connectivity and emergency access to existing adjacent developments. The culverts
located at each stream crossing have been designed with headwalls located as close to the right-
of-way as possible to minimize stream impacts. Additionally, 2:1 slopes were used where
possible. The connectivity to County infrastructure and the fixed intersection locations required
stream crossings to be located and oriented as shown. The wetlands impacts have been
minimized to include only required access and storm water controls. The temporary impacts for
the required sanitary sewer infrastructure have been limited to one location on each stream
segment. Impacts to Stream N have been avoided due to the use of a bottomless culvert. The
applicant has demonstrated substantial avoidance and minimization efforts in which the majority
of the 6,937 linear feet of stream channels and 1.59 acres of wetlands onsite will be avoided on
the project.
To compensate for the anticipated permanent impacts, the applicant is proposing payment into
NCDMS at a 2:1 ratio for 0.106 acres of riparian wetland and 116 linear feet of perennial warm
water stream and at a 1:1 ratio for 150 linear feet of intermittent warm water stream. Please refer
the enclosed conditional ILF acceptance letter from NCDMS.
Also 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 terrestrial species evaluation. Thank you for your consideration and please contact
me if you have any questions, [phone] or email at [e-mail].
Sincerely,
Daniel Kuefler Len Rindner, PWS
Environmental Scientist Principal
Charlotte Office: www.wettands-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] 2
[e-mail]

Permit Application

OBOE W A 7�gpG
-c
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
1b.
Specify Nationwide Permit (NWP) number: 18, 29, 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes X❑ No
1d.
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.
❑X Yes ❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Farmington
2b.
County:
Mecklenburg / Cabarrus
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Rocky River Road Associates, LLC
3b.
Deed Book and Page No.
24792-354, 8789-255
3c.
Responsible Party (for LLC if
applicable):
James E. Merrifield
3d.
Street address:
2400 South Boulevard #300
3e.
City, state, zip:
Charlotte, NC, 28203
3f.
Telephone no.:
704-561-5241 AUG 3 0 2018
3g.
Fax no.:
3h.
Email address:
[e-mail] 401 8 B FF R PERMITTING
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d. Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Daniel Kuefler
5b.
Business name
(if applicable):
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28227
5e.
Telephone no.:
336-554-2728
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
10526101, 5506141031
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.2869 Longitude: -80.6728
1 c.
Property size:
152.2 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Fuda Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
03040105- Rocky
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:
The site consists primarily of vacant cleared fields with scattered forested areas. General land use in the vicinity consists of light commercial
development, residential development, and agricultural use.
3b.
List the total estimated acreage of all existing wetlands on the property: 1.59
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,937
3d. Explain the purpose of the proposed project:
The project consists of grading, fill, road crossings & BMPs for a mixed-use development.
3e. Describe the overall project in detail, including the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
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?
❑ PreliminaryX❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): N.Nelson - WEPG
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
WEPG's delineations were field -verified by William Elliot (USACE). A copy of the approved Jurisdictional Determination signed 08/28/2015
(SAW -2014-01152) is attached.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes X❑ No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
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 ❑X 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
Fill
Bottomland Hardwood Forest
Yes
Corps
0.052
W2 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.009
W3 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.001
W4 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.009
W5 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.028
W6 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.007
2g. Total Wetland Impacts:
0.106
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 T
Excavation
Stream H
PER
DWQ
8
24
S2 P
Culvert
Stream K
PER
DWQ
8
116
S3 P
Relocation
Stream M
INT
DWQ
6
111
S4 P
Relocation
Stream P
INT
DWQ
8
39
S5 T
Excavation
Stream K
PER
DWQ
8
20
S6 T
Excavation
Stream K
PER
DWQ
8
20
3h. Total stream and tributary impacts
330
3i. Comments:
Temporary Stream Impacts noted above are due to sewer line crossings that are not feasable by directional boring.
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 indivi ually 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.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
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 vou 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 —
Permanent (P) 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
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the numerous on site streams and wetlands, opportunities to avoid these areas were limited. Impacts to site surface waters
associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots, associated
parking areas and access routes. Where possible, bottomless culverts were used to avoid stream impacts. Please refer to cover letter for additional
details regarding specific avoidance and minimization measures.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQX❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X 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.
❑X Yes
4b. Stream mitigation requested:
266 linear feet
4c. If using stream mitigation, stream temperature:
warm
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.106 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: A 2:1 ratio is proposed for all wetland and perennial stream impacts. A 1:1 ratio is proposed for intermittent stream impacts.
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?
1b.
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?
80
2b.
Does this project require a Stormwater Management Plan?
0 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:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan will
be reviewed by both Mecklenburg County
and
the Town of Harrisburg. The stormwater plan has not yet been submitted to /approved by Meckenburg
County and the Town of Harrisburg but it
has
been designed to meet both their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County / Town of Harrisburg
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Mecklenburg County / Town of Harrisuburg
x❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
E] Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X 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
Q 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
El Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
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
El Yes
E] No
letter.)
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,
E] Yes
No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b.
Is this an after -the -fact permit application?
El Yes
No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes
Q 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.
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.
facility lines.
Wastewater
generated on the site will be transported to the nearest treatment via exiting and proposed sewer
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 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat
but the project is exempt as noted in the included T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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?
SHPO's website: hftp://gis.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?X❑
Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No fill / grading will occur within the floodplain as part of the proposed project
8c. What source(s) did you use to make the floodplain determination?
http://polaris3g.mecklenburgcountync.gov ; https:Hgis.cabarruscounty.us/mycabarrusgis/
Digitally signed by Daniel Kuefler
Daniel DN: cn=Daniel Kuefler, o=WEPG,
ou,
email=daniel.kuefler@wetlands-
Daniel Kuefler
Kuefler epg.com, c=Us
08-01-2018
Date: 2018.08.01 16:35:36 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.
Page 10 of 10

WEPG
W a -.n«i r.nar..r C; ou a ? , r > Rinulrs.-r. PLLC
Agent 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: Farmington
Property Address: 152.2 -acres north of Rocky River Road and adjacent to the east side of I-485.
Parcel Identification Number (PIN): 10536101 (Mecklenburg) and 55061407290000 (Cabarrus)
Select one: I am other
Name: James E. Merrifield
Company: MPV Properties
Mailing Address: 2400 South Boulevard #300, Charlotte, NC 28203
Telephone Number: 704-561-5241
Electronic Mail Address: [e-mail]
Owner? Interested Buffer* /
* The lhterested 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.
Cl idout : 0110M, rww.wc t ttif Y.c'>i,i Asheville Office.
10612-D `i-ovklF,,nce Rd, 1070 Tiznopl Rd., Bede_ I
PMB 5L;�o Suivi IQ. PMB 283
C?r.+rlcme, N ;t.i3277 .1ieville, QVC 28801''
(70'4;
y}9
,t'C1i ri

Mitigation Services
I"VIRONMENTAL"ALIT Y
June 26, 2018
James Merrifield
Rocky River Road Associates, LLC
521 E. Morehead St., Suite 400
Charlotte, NC 28208
Project: Farmington
ROY COOPER
MICHAEL S. REGAN
Expiration of Acceptance: 12/26/2018
County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Rate Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8 -di it HUC
Impact Type
Impact Quantity
Yadkin 03040105
Warm Stream
300
0.25
Yadkin 03040105
Riparian Wetland
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Len Rindner, agent
Sincerely,
n
Ja es,1 B Stanfill
As et -Management Supervisor
State of North Carolina I Environmental Quality I Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 i 217 W. Jones Srreet, Suite 3000
919 707 8976 T

CR
Maps/Plans

INDUSTRIES
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LEONARD S. RINDNER PLLC
FARMINGTON
Sheet:
Page:
Figure No.
1
Wetlands & Environmental Planning Group
Mecklenburg Co. / Cabarrus Co.
Drawn
Reviewed
3714 Spokeshave Lane
Matthews, NC 28105
by: NRN
by: LSR
\
(704) 904 - 2277
LEN. [e-mail]
VICINITY MAP
*Approximate Boundary
Date: /
6-11-12

la
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Sheet:
Page:
Figure No.
Wetlands & Environmental Planning Group
Mecklenburg Co. / Cabarrus Co.
Drawn
Reviewed
3
3714 Spokeshave Lane
by:NRN
by: LSR
\
Matthews, NC 28105
(704) 904 — 2277
USGS MAP
Date:
[e-mail]
*Approximate Boundary
"--/

to
44
Figure No.
LEONARD S. RINDNER PLLC
FARMINGTON
Sheet:
Page:
4
Wetlands & Environmental Planning Group
Mecklenburg Co. / Cabarrus Co.
Drawn
Reviewed
3714 Spokeshave Lane
by: NRN
by: LSR
Matthews, NC 28105
SOIL MANUSCRIPT
Date: /
6 -it -12
\
(704) 904 — 2277
[e-mail]
@g
MAP
*Approximate Boundary

SITE
Figure No. LEONARD S. RINDNER PLLC
5a Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, NC 28105
(704) 904 — 2277
LEN. [e-mail]
FARMINGTON
Mecklenburg Co. / Cabarrus Co.
SOILS MAP
*Approximate Boundary
IN
Sheet: I Page:
Drawn Reviewed
by: NRN by: LSR
Date:
6-11-12

Flow Path: Jurisdictional Features on the site
flow into Fuda Creek, to Back Creek, and into
the Rocky River (TNW)
f
I SITE I
FIGURE NO.
6 dllt
I
Legend
Flow Path �--►
Site Boundary
FARMINGTON
Mecklenburg Co. / Cabarrus Co.
FLOW PATHWAY MAP
EXISTING CONDITIONS STUDY
SUBJE'C7' TO US,1 CEi;VCDEQ I'ERIFIC'.9770N
Rocky River
I
Q The Habana! Abp
DATE:
UPDATED 05/16/18

Go
CLR Adv Search Mrkt Analysis Reset App G Hele Quick Tips Report Issue o ✓,)
Go to Results Report • Save • << Navigate • Print •
Identity Zoom To Parcel o -.q
Parcel ID GIS ID \ y av
10536101 10536101 i1 Nawki
Property Photo(s) i
Ownership
Owner Name
ROCKY RIVER ROAD
ASSOCIATES LLC
C;O MERRIFIELD PATRICK
Mailing Address
521 EAST MOREHEAD
ST #400
CHARLOTTE NC
28202
521 EAST MOREHEAD
ST #400
CHARLOTTE NC
28202
Find adjoining
owners
Characteristics
Legal Desc
P5 N1195-413
Land Area
73 AC
Fire District
CHARLOTTE RURAL
Special
FIRE SERVICE A
LEONARD S. RINDNER PLLC
Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, NC 28105
(704) 904 — 2277
LEN.RINDNER.PWS((t�)ginail.com
0 so
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apt
r \
Jennings A� \1 ,
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Legend Labels -
Figure FARMINGTON
7b Mecklenburg County Parcel GIS Information
Source: http://polaris3;t.mecklenburt!countync.2oN,/

WETLAND
wen -AND T
WETLAND FF
WETLAND
PERENN', 11._-�-111E1LAND
AL RPW_ _ . \' f% PERENNIAL RPWSEASONAL RPW JJ
�STfEAM S STREAM K
PENAL 7<, Y _
RPW
SAM N STREAM 88 SEASONAL FIPW 1
SEASONAL STREAM PP FN'1hl / < SEASONAL RPW /
� / WETLAND �\ i
WETLAND VVE TLAND OC STREAM LL
WETLAND AA
WETLAND / WETLAND �+Z
\ 1 SEASONAL RPW
SEASONAL RPW ' ` 4s WETLAND X/Y STREAM W
STREAM M
PERENNIAL RPW SEASONAL RPW
STREAM K ti Z STREAM V
O
PERENNIAL RPW
STREAM KK;
MAL F7<'1W WETLAND U
PENAL ,
I.STiiEAM K STREAM H D
WETLAND I
V BRQOKDALE
WETLAND A NOW OR FORMERLY
ROCKY RIVER ROAD ASSOCIATES LLC
WETLAND L J DBS 8987-0255
WETLAND F, WF PIN 5506140729
WETLAND
1
PERENNIAL WETLAND WE
SAM D WETLAND WB I
\ WETLAND B
WETLAND Hr»r,>
NT
WETLAND A \ RPW NN
i g NOW DR FORMERLY
ROCKY RIVER ROAD ASSQCIATES LLC\
DB- 24792-354
1 PIN 105-361-01 SID
1 \ AFwfipTON� PARKWAY
EXHM hf
\
f N" \
Vs 1 1
1
1 \
1
1
I
500 0 250 500 1000
GRAPHIC SCALE
mim.xr1
SHEET TITLE
TRACK= 0
SAW- _ _
''500'
EXISTING SITE CONDITIONS
TE
12/07/17
PRFABTG
RMINGTON
MAH
CRAB ORCHARD TW, MECK CO, NC
FOR ROCKY RIVER ROAD ASSOCIATES LLC
YARmouGH-VhmAms a HourB, TKa
PP�lanxINj o SuIvor%Ns o y.BN inforims
7J0 .dv Oak C—A ;. 8� LYE
xc coryor.ta cwm 70.Eribc an , & Owth CUIUM 2M34
Um -«9a
FIGURE
8

`;' • i i f' / � PROPOS® SEME1i CFIOSSteO
o TEMPCIRNTY STREAM liPACT
PROPOSED SEWER
x( 1HldlARY STREAM TACT i j�
[Y
SEE 0erALx /
on Figure 20 T
wmiimmArAcr
}/
on Figure 16
PRM
1 \ on Figure 13 ,� � 1 � � � J i � �\`< � \ All
M DUAL IV
NROPOBm ST!WfrJT CAOSdq -
Y STREAM&P fix! al �+ < / on Figure 10 /1
SEE DETAL £
on Figure 12 �; - r / l�� �• -
X97-
,-;is i4o� �y ,
/ PNOr08®FOAD CROBSM ° �. , ' rq, �� `• 4 /L�,• ;.>,�,, \ i,a -� / 11
E OETAL U'
ftx
-Lc
-3;
r '`
-01
�i � FAF�IGRON i;oC>E PAfiCWAY !/
{ v A ' E)09TN0 T}IOgOUGFPAF�
\\ \\ N'Al
4N 3 3N 1
_
f _ .
If fimrr
r.
500 0 250 500 1000
GRAPHIC SCALE
SHEET TITLE
SAW -
1=500'
OVERVIEW OF IMPACTS
12/08/17
PRFABTG
RMINGTON
CRAB ORCHAW 7W, MEM CO, NC
mmvw By
laml
MAH
YkimmouGuMn-r. m a Houzz, Im
ra..rr s sivrveyi.s G s� ,awf s
o� orr< orae Fa ua
xc corpenee. °"r+ru. Mad" Um fbaft soft ca
uoo -oae 70UM se. mese
Figure
9

WETLAND "00"
IMPACT: 2265 SF
50 0 25 50 100
GRAPHIC SCALE
( IN FEET )
0 L.F. STREAM IMPACT
0.052 AC WETLAND IMPACT
SHEET TITLE
WETLAND IMPACT1
SAW_
=50•
DETAIL 'C"
12/08/17
PRFARMINGTON
BTG
7WSP • I TOM OF HAMMU 74 CABAMS 00, NC
FOR HO vtFf AD TES LLC
Yeanxingor-WrveyinS ttHotnttists
Plarrlr/ � Jrrrnrlr= o Br Ir��rtrs
+.5 at oeo`s>o use
aww" Maw Cuailo�. 8EY79 rfs.�ti )=* 1:1 H smu
uov —are ao�.aee�wo awaenmml�)
FIGURE
1 U
_ _ _

P STREAM "D" f
TREE SAVE/STREAM
I BUFFER
WETLAND "A"
Thick black line indicates
stream buffer
WETLAND "C"
IMPACT: 401 SF \
WETLAND "A"
IMPACT: 1,249 SF
50 0 25 50 100
GRAPHIC SCALE
( IN FEET )
WETLAND "WE"
WETLAND "WE"
IMPACT: 383 SF
WETLAND "WB"
IMPACT: 49 SF
1 �
.ol
t
WETLAND "B"IMPACT: 287 SF
0 L.F. STREAM IMPACT
0.054 AC WETLAND IMPACT
SHEET TITLE
WETLAND IMPACT,
SAW— — —
=50-
DETAIL A*
D
12/09/17
PROJECT
FARMINGTON -
mmww
BTG
MAH
CRAB ORMAM TWBP, INECK CO, NC
FOR ROCKY RIVER ROAD TES LLC
uGK-Vhiz&m t __a,
p%ieMiej ° surveying (N41mo1/ing
Ti.d. ot ce Milowe
010, • ° `no aoaeaaaeae(e sj�u c r m. �x
u°a -a7a
FIGURE
11

/ PROPOSED SIDEWALK
/ TRANSITION TO BACK
OF CURB /
PROPOSED HANDRAIL
/ RIP RAP TO BE INSTALLED
ABOVE THE ORDINARY HIGH
/ WATER MARK FOR BANK w
STABILIZATION, NO IMPACTS.
EX. TOP OF STREAM BANK
/ WETLAND "J"
/ r
1.
v
J HEADWALL
TOP: 678.0
N ' INV 120"CMP: 666.25
t" 4',/ INV 60"CMP: 671.25
RIP RAP FOR INLET
4$ ! a PROTECTION
BURY PIPE f
STREAM
.. �. / STREAM "H"
• I
STREAM "H" �.
r / ` TEMPORARY
IMPACT: 24 LF
WETLAND "I'
EX. TOP OF STREAM BANK
WETLAND "G" \ osF \
/ /• j W W `Y W
.01 688 \ \ \ W W W W W W
/ / —692
696 \ \ W W -V W W
698 \ \
/ 698 \ \ W
\ / 694
\ / / 692
\ 24 L.F. TEMPORARY STREAM IMPACT
\ / MP 0.00 AC TEMPORARY WETLAND IMPACT
50 0 25 50 100
6m = 111 11111 1
GRAPHIC SCALE
M F`p T 1
SHEET TITLE
WETLAND IMPACT
SAW—
1"=50•
DETAIL "E"
12/08/17
PRFARMINGTON
CRAB ORCHAW TWSP, MEM CO, NC
IN By
MAH NY
C
YeamouGn-VanAms a Hovix, INc.
PlanxiPIj c Smrrryixg o E��_t{iUeerlas
VIM. ar C�1 €L um
!.M-.Chu%ft "011► Cars" OMP1rAR "n0 Cwd" =34
706OMM 7DLMOMOU)
FIGURE
12

00
cl
®A
0
PROPOSED SIDEWALK
TRANS17ION TO BACK
o• \
-
OF CURB
U04ee
'
/ PROPOSED HANDRAIL
STREAM "K"
<3' HEADWALL
RIP RAP TO BE INSTALLED
TOP: 678.0
�` INV 120"CMP: 666.25
ABOVE THE ORDINARY HIGH
. '��
r� ti 7 INV 60"CMP: 671.25
WATER MARK FOR BANK
° RIP RAP FOR INLET
f
STABILIZATION, NO IMPACTS.
r ? . _ ¢ PROTECTION
BURY PIPE 1'
.k
/
EX. TOP OF STREAM BANK
.���! . • .� � STREA___
r
WETLAND
PROPOSED SIDEWALK'
I
\
EX.
TOP OF STREAM BANK
A
/
RIP RAP TO BE INSTALLED
\
HEADWALL
ABOVE THE ORDINARY HIGH
\
\�.' �a
TOP: 678.0
WATER MARK FOR BANK
116 L.F. STREAM IMPACT
; \
\,
INV 120'CMP: 665.40
/ STABILIZATION, NO IMPACTS.
1
\ .\
INV 60"CMP: 670.40
\ \ o
SHEET TITLE SAW—
RIP RAP INLET
WETLAND IMPACT
PROTECTIONR
1"=50'
DETAIL T"
12/08/17
BURY PIPE 1'
PROJECT
=AvN my
BTG
FARMINGTON
STREAM "K.,
IMPACT: 116 LF
MAH
E
100 FOR ROCKY RM21i ROAD ASSWATM LLC
Y�nneaWnmAm &
FIGURE
00
cl
®A
0
PROPOSED SIDEWALK
TRANS17ION TO BACK
o• \
-
OF CURB
U04ee
'
/ PROPOSED HANDRAIL
<3' HEADWALL
RIP RAP TO BE INSTALLED
TOP: 678.0
�` INV 120"CMP: 666.25
ABOVE THE ORDINARY HIGH
. '��
r� ti 7 INV 60"CMP: 671.25
WATER MARK FOR BANK
° RIP RAP FOR INLET
f
STABILIZATION, NO IMPACTS.
r ? . _ ¢ PROTECTION
BURY PIPE 1'
.k
/
EX. TOP OF STREAM BANK
.���! . • .� � STREA___
r
WETLAND
/
STREAM "H"
116 L.F. STREAM IMPACT
AC WETLAND IMPACT
SHEET TITLE SAW—
WETLAND IMPACT
1"=50'
DETAIL T"
12/08/17
PROJECT
=AvN my
BTG
FARMINGTON
aW OW*WO TW, MEM Co, INC
MAH
50 0 25 50
100 FOR ROCKY RM21i ROAD ASSWATM LLC
Y�nneaWnmAm &
FIGURE
Pt'Mrioojr o JUFV*YI.S o 8j0Rfrrxs
13
GRAPHIC SCALE
770 Rod�t hk Cwet .P0. Baa L9E
IN FEET
ucavyo..

7
. GRADE AT CL STREET
/
/
UUU!
1-1 0"CMP /
EX GRADE A CL ROAD--�-. 2— 0"prig /
100,
/
00 8 00
500 0 250 500 1000
GRAPHIC SCALE
IN FEET
9+00 10+-00
SHEET TITLE
STREAM IMPACT PROFILE
(DETAIL F)
AFPL='=_'_V
12/08/17
PRFARMINGTON
CRAB ORCHARD TW8P,, kECIC CO., NC
MAH
FCR ROCKY RWR ROAD ASSOCIATES LLC
Y""'av�'Wau�>rra t hours, I>rc.
Surveying u Bw t"..►i"s
orc com ua.
Me cmy�.e. o"rv. aero
FIGURE
14

STREET 7
STATION 9+30
40
60'
R W
10'
2''
B
2' 8' 11'
118'
SIDEWALK
SIDEWALK
3/8"/1'66f)
8821
HEADWALL
TOP: 678.0\-PROPOSED
. -
"�' CURB A14D
.PROPOS
GUTTER M2.
HANDRAIL
HEADWALL
87&0
-
85.00' (2)
O'Cm O 1.00X AAA
85.00' 120
CMP o 1.007
— — — —
NV 120"CMP:
nnfvvvvvvvvvvvvvvvvvvvVVV
86.25
INV 130"CM
885.40
EX GR
IDE AT CL DITCH
EX GRADI
TOP OF. BANK
5 0 2.5 5 t0
SHEET TITLE
STREAM IMPACT SECTION
(DETAIL F)
SAW
,•-20-» 5-
12/08/1 7
PROJECT BTG
FARMINGTON MAH
CW ORC AM TW, MEM CO, NC
YAu DuGs-WnmAm t Hovza, tNc. FIGURE
tiswwlws u dwnying o _B_w4/wf*slwr
fir. or a.tF un uM 15
oWuua >trra 0 N1.0 cwwbk mm
20
VERTICAL GRAPHIC SCALE
n')
0 10 20 40
HORIZONTAL GRAPHIC SCALE
( m FEET )M-m—

a
RIP RAP TO BE INSTALLED t� ' _ -" ' — � • ,y l--_� I SS — _ • . _ �;
ABOVE THE ORDINARY HIGH \ —
WATER MARK FOR BANK s� — EX. TOP OF STREAM BANK
STABILIZATION, NO IMPACTS.
STREAM "P" ' s' t STREAM N
./ � ' `N`ZEO S PRG 1•R15�� "_ `�; .-..�,i �.
REDIRECT FLOW THROUGH NATURAL P��M�S PN x FC y ar `
CHANNEL(:.7OX slope)(SEE DETAIL) 0O
19
—
RIP RAP TO BE INSTALLED
STREAM "P"
--- r IMPACT: 39 LF ABOVE THE ORDINARY HIGH
WATER MARK FOR BANK
STABILIZATION. NO IMPACTS.
HEADWALL
\ i TOP: 676.0
} INV CREEK: 665.40
-r RIP RAP BANKS FOR
INLET PROTECTION
PROPOSED HANDRAIL PROPOSED 2'-6" STANDARD
CURB AND GUTTER
HEADWALL PROPOSED SIDEWALK
\ WETLAND "Q" _ TOP: REEK: \
� INV CREEK: 665.80
RIP RAP BANKS FOR
J INLET PROTECTION
STREAM "N"
REDIRECT FLOW THROUGH NATURAL Z
\ CHANNEL(0.70X slo e)(SEE DETAIL)
STREAM "M"
IMPACT: 111 LF
STREAM "M" PROPOSED SIDEWALK
\ / TRANSITION TO BACK
1 OF CURB
EX. TOP OF STREAM NK i
/ 150 L.F. STREAM IMPACT
50 0 25 50 100
GRAP�HICC SCALE FEET )
-
SHEET TITLE
FOTL=RT= Trlwww •
SAW-— -
WETLAND IMPACT
"N -50 -
=50'DETAIL
DETAIL 'G'
12/06/17
PRFARMINGTON
M
CRAB OFiCFUM TWA,, NEM M NO
FDF# ROCKY MM ROAD A880CIAM LLC
« ��
FIGURE
�-wvt—
llfrwirj a Jrnglwj o Ew#iwlw/1wj
16
i%s.rw oa Ct UUN
oyw`u' a e
16

Im
ET 7
\ PROP. GRADE AT CL STREET
EX GRADE AT CL RO -,j
ALUMINIZED LOW PROFILE
BOTTOMLESS PPIPE 400,
3W SPAN x
1
11
tJ
500 0 250 500 1000
GRAPHIC SCALE
IN nT!.
.181 00
1
SHEET TITLE
STREAM IMPACT PROFILE
(DETAIL G)
_
SAW-
, -50'&5'
a12/0e/17
PRFARMINGTONBTG
CRAB ORCHARD TW, MEM CO, NO
FOR ROW RM34 ROAD ANSOMM LLQ
uvmw I"
MAH
FIGURE
17
YNuaiseS a rve7 Hotttx, Its.
11s.n/st a Jxr�nlns oFs�N�;lw��rlr�
m.rawoauir: r Cal">
mp—

STREET 7 STATION
18+50
10
60'
R W
27'
B
SIDEWALK
SIOEWAIK
680.0
uov
`Q
HEADWALL
.� 2'-6" S
"3' CURB A
ANDARD
D GUTTER
�Ww-
TOP: 676.
676.0
PROPOS
HANDRAIL
ALUMINIZED LOW
PROFILE
BOTTOMLESS
ARCH PIPE
38' SPAN x
'RISE
— ` INV
EEK:665.30665.4
EX GRADE
OF BANK EX GRADE :AT
CL. DITCH
5 0 2.5 5 10
SHEET TITLE
STREAM IMPACT SECTION
SAW -
(DETAIL G)
i•=2a-ds'
12/08/17
VERTICAL GRAPHIC SCALE
PROJECT
TG
Btoll
( Di )
MAH
20
0 10 20 40
CRAB ORCHAW TW, ME= 00, NCFOR
ROM MINI ROAD ASSWATIM LLQ
FIGURE
18
YAaswuGH'Wu's°uw t Howz, bm
t►www►wj n dwwiyiwt o 8w ►wen►wt
HORIZONTAL GRAPHIC SCALE
( IN FEST)
e-�a�e Mws�a � w»n o..i°'

1. UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKFILL
AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS
DISTURBED SURFACES
2. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATION, GRASS DISTURBED
AREAS (SEED, FERTILIZER h STRAW MULCH) STREAM BANK. TOP OF BANK AND
DISTURBED AREAS UPLAND OF STREAM
3. INSTALL COIR FIBER NET/MAT STARTING MINIMUM 12' BELOW WATER SURFACE
ELEVATION AND EXTENDING A MINIMUM 5 BEYOND TOP OF BANK. MINIMUM
SPECIFICATIONS FOR COIR FIBER NET/MAT AS FOLLOWS.
- MIN. THICKNESS OF 0.30 INCHES
- 100% COCONUT FIBER AND WOVEN INTO THANE
- AVG. WEIGHT OF 20 OUNCES/SQ. YD.
C CCR FIBER NET/MAT SHALL. BE SECURELY HELD IN PLACE WITH USE OF WOODEN
STAKED AND WIRE STAPLES (AS NEEDED)
5. INSTALL LIVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING
2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR
ADDITIONAL REOLRREMENTS,
6. INSTALL SILT FENCE W/WIRE REINFORCEMENT ALONG TOP OF BANK (ADJACENT TO
END OF CCR FIBER NET/MAT) FOR WIDTH OF DISTURBED SOILS.
COIR FIBER NET/UTAT
GRASS (SED, MULCH & FERTILIZE) -
REMAINING DISTURBED STREAM BANK
AREAS INCLUDING TOPS OF BANK
(UNDER COIR NET/MAT)
LIVE STAKE (WMLLOWS OR -
SPECES APPROVED BY
COW/DHEC) FOR FIRST 24'
ABOVE NORMAL WATER
SURFACE ELEVATION
WATER SURFACE ELEVATION
+
1. LIVE STAKES SHALL BE APPROXIMATELY 24' IN LENGTH
2. LIVE STAKES SHALL BE 0.5'-1.5' IN DIAMETER AT THE TIME
OF PLANTING
3. LIVE STAKES SHALL BE BLACK WALLOW OR SPECIES
SPECIFIED BY COE/DHEC OR CONSULTANT
' I 4. SPECIES SHALL BE DORMANT AT THE TIME OF ACQUISITION
N
AND POINTING AND LOCALLY GROMN/HARVESTEO
5. LIVE STAKES SHALL BE SPACED 3' O.C.
6. LIVE STAKES SHALL BE PLANTED A MINIMUM OF 18TH
DEPTH WITH NO MORE THAN 4'-8' OF STAKE EXPOSED
LIVE STAN DETAIL
EXTEND CCR FIBER MAT INSTALL FENCE
REINFORCED
WI1H HOG
W BEYOND TOP OF BANK MIRE AT TOP OF BANK
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VERTICAL GRAPHIC SCALE
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HORIZONTAL GRAPHIC SCALE
( IN FEET )
URGE ROCK (SHOT OR IMPORT)
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ML SHALL COVER STREAM
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SE OF ROCK TO ANCHOR BANK
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.Jurisdictional
Determination Information

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: SAW -2014-01152 County: Cabarrus U.S.G.S. Quad: NC -HARRISBURG
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Rocky River Road Associates, LLC
Address: 521 E. Morehead Street, Suite 400 Charlotte, North Carolina 28202
Telephone No.: 704 561 5241
Property description:
Size (acres): 183 acres
Nearest Town: Charlotte
Nearest Waterway: Fuda Creek
Coordinates: 35.286981, -80.672756
River Basin: Rocky
Hydrologic Unit Code: 03040105
Location Description: The site is located on the north side of Rocky River Road and immediately adjacent to the east side
of 1- 485 and encompasses property in bouth Mecklenburg and Cabarrus County, North Carolina (PIN) 10536101.75 acres,
5506141031-108 acres
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction.
Also, you may provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
_ The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We
strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
X The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on June 11, 2014. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Action Id.: SAW -2014-01152
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Carps of Engineers Wetland Delineation Manaral 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 known as a tributary to Fuda Creek which flows into the Rocky River. The Rocky Flows to
the Upper Pee Dee River. Yadkin River joins the Uwharrie River to form the Pee -Dee River. Pee Dee River enters
the Atlantic Ocean through Winyah Bay in South Carolina. So drainages in Iredell, Rowan, and Wilkes drain to
Yadkin River (before it's confluence with Uwharrie River). Drainages in Cabarrus, Mecklenburg, Stanley, and
Union drain to Pee -Dee River.
D. Remarks: Jurisdictional "Waters of the US" have been identified on this property as depicted
by submitted Jurisdictional Request Package on file.
E. Attention USDA Program Participants
This delineationidetermination 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.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for
appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following
address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Sheet SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 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 of 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: August 28, 2015 Expiration Date: August 27, 2020
2

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at littp:((pert.nwp.usace.army.mil(survey.html
to complete the survey online.
CF: Leonard S. Ridner, PLLC, WEPG 3714 Spokeshave Lane, Matthews, NC 28105
3

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HARRISBURG, NC
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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Farmington
Cabarrus and Mecklenburg Counties, North Carolina
By: Lisa R. Gaffney
April 26, 2018
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
[e-mail]

Farmington Site - Threatened /En(1on1,,crcc1 i/Protcetcd Species Ei'alncltion
GENERAL LANDSCAPE DESCRIPTION:
The Farmington Site — formerly called Rocky River Road - (+/- 152.2 acres) is
located just north of Rocky River Road-, and just east of Interstate 485; in
Mecklenburg and Cabarrus Counties, North Carolina. It can be found on the
Harrisburg NC USGS Topographic Quadrangle Map; latitude is 35.2909 N,
longitude is -80.6746 W. The topography is gently to moderately sloped. The
elevation ranges from 670 to 730 ft. The project is bisected by the
Cabarrus/Mecklenburg county line. (Figure 1). The site is primarily old farmland
and woodlands covered with successional old fields, old pastures, fencerows, dirt
roads, and mixed pine and hardwood forest that is disturbed throughout.
Figure 1:
ROCKY RIVER RD.
Harrisburg, NC
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

'oi-mh7gtoii Site - Thl-ctacn ed Protected Species Evdilation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/nc counties.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Cabarrus and Mecklenburg Counties, North Carolina, the results of which are
listed below (Tables 1 & 2). Maps and aerial photographs were assembled, and
the site was investigated during the weeks of April 2 and April 16, 2018
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on April 2, 2018
Group Name Status Record Status
Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current
decorata
Invertebrate Rusty -patched Bumble Bee Endangered Historic
(Bombus affinis)
Vascular Plants Smooth Coneflower (Echinacea Endangered
laevi ata
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered
schweindzii)
Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered
Vertebrate Northern Lonq-Eared Bat (Myotis
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus
leucocephalus)
Threatened
Current
Current
Current
Probable/Potential
Protected under the Bald Current
and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Fa1-mi7gt017 Site - Thr-ecacne i iEncic�ngc rc�ci /Protected Sj)ccies Ev(dimition
Table 2: Threatened / Endangered / Protected Species listed for
Cabarrus County
County: Cabarrus, NC
*Source: US Fish & Wildlife Service
**Data search on April 2, 2018
Federal
Group Name Status Record Status
Vascular Schweinitz's Sunflower (Helianthus Endangered Current
Plants schweinitzii)
Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current
Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Historic
Three plant species with federal protection were included in the survey efforts:
• Schweinitz's Sunflower (Helianthus schweinitzii), 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 michauxil), 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 four animal species with federal protection are listed as potentially
occurring in Mecklenburg and Cabarrus Counties:
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened / Endangered / Protected Specie.y Evaluation
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.
Rusty -patched Bumble Bee (Bombus affinis), listed as Federally
Endangered, live in colonies that include a single queen and female
workers. Rusty -patched Bumble Bees historically occupied grasslands
and tallgrass prairies. Bumble bees need areas that provide nectar and
pollen from flowers, nesting sites (underground and abandoned rodent
cavities or clumps of grasses), and overwintering sites for hibernating
queens (undisturbed soil).
RESULTS:
The site is primarily old farmland and woodlands covered with successional old
fields, old pastures, fencerows, dirt roads, and mixed pine and hardwood forest
that is disturbed throughout. Old farm operation remnants are present including
old barn, silo, sheds, barbed wire fences, farm roads, scattered trash dumps and
wood piles.
A large portion of the site is abandoned agricultural, pasture and hay fields in a
state of old field succession. This scrub/shrub community is composed of pine
and hardwood saplings and young trees, and blackberry and woody vine
thickets. Dominant species present include Red Cedar (Juniperus virginiana),
Honey Locust (Gleditsia triacanthhos), Sweetgum (Liquidambar styraciflua),
Winged Elm, (Ulmus alata), Shortleaf Pine (Pinus echinata), Virginia Pine (Pinus
virginiana), Black Cherry (Prunus serotina), Black Gum (Nyssa sylvatica),
Blackberry (Rubus sp.), Russian Olive (Elaeagnus umbellata), Smooth Sumac
(Rhus g/abra), Groundsel (Baccharis halimifolia), Japanese Honeysuckle
(Lonicera japonica), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron
radicans).
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmir?gtnrr Site - Threatened / Endangered / Protected Species Evaluation
The assemblage of plants growing in the transitional and open disturbed areas
and roadsides includes Sericea Lespedeza (Lespedeza cuneata), Oxeye Daisy
(Chrysanthemum leucanthemum), Goldenrod (Solidago sp.), Blackberry,
Broomsedge (Andropogon virginicus), Groundsel (Senicio sp.), Johnson Grass
(Sorghum halepense), Rabbit Tobacco (Gnapthalium obtusifolium), Splitbeard
(A. ternarius), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.),
Thoroughwort (Eupatorium sp.), St. John's Wort (Hypericum punctatum), and
Venus' Looking Glass (Specularia perfoliata).
The disturbed mixed pine/hardwoods forest on the slopes and drainages has an
average diameter at breast height (dbh) for the canopy trees of 12 inches, with
some larger trees up to 30 inches dbh present. Canopy trees present include
Virginia Pine (Pinus virginiana), Shortleaf Pine (P. echinata), Sweetgum
(Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), White Oak
(Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Southern Red Oak
(Q. falcata), Willow Oak (Q. phellos), Mockernut Hickory (Carya tomentosa),
Shagbark Hickory (C. ovata), Hackberry (Celtis laevigata), American Elm (Ulmus
americana), and White Ash (Fraxinus americana). The subcanopy is composed
of Flowering Dogwood (Cornus florida), American Holly (Ilex opaca), Mulberry
(Morus rubra), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina),
Eastern Red Cedar (Juniperus virginiana), and Black Gum (Nyssa sylvatica).
The shrub layer includes Black Haw (Viburnum prunifolium), Chinese Privet
(Ligustrum sinense), Blueberry (Vaccinium spp.), and Russian Olive (Elaeagnus
angustifolia). Vines present are Japanese Honeysuckle (Lonicera japonica),
Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia),
Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The herb layer is
sparse, and includes Bracken Fern (Pteridium aquilinum), Christmas Fern
(Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron),
Spotted Wintergreen (Chimaphila maculata), Running Pine (Lycopodium
flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens), Curlyheads
(Clematis ochroleuca), Beardtongue (Penstemon sp.), Solomon's Seal
(Polygonatum biflorum) and Japanese Stilt Grass (Microstegium vimineum).
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadsides and woods edges were examined
and none of these species were present.
• No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed.
• The on-site streams do not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been previously
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened / Endangered / Protected Species Evaluation
identified within this basin. No individuals were observed during the survey
nor would any be expected on-site.
Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it
appears that the site meets the "exempt" criteria which requires no further
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
Comparing this site location to the USFWS Range Map for Rusty -patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html)
Mecklenburg County is in it's Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes that Rusty -patched Bumble
Bee is not present.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
,'�, a r*Cr
Lisa R. Gaffney
Biologist
April 26, 2018
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Fcu-minWon Site - Threatened / En(langered / Protected Species Evaluation
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.
• 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.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 45,000 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 (Hexastylis naniflora).
• 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.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.