20061652 Ver 1_Complete File_20061016

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October 18, 2006
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Mark Ball
Rocky River Retail Investments, LLC
3735 Beam Road, Suite B
Charlotte, NC 28219
Project: Reedy Creek Commons Shopping Center County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. 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 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin

03040105 0 0 0 0 0 424 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
L. 5.?\1
Wi 7iamD. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Alan Johnson, DWQ Regional Office-Mooresville
File
Rut-oriKg... F ... Protect' oar State
?MA
ICU R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.;iceep.net
O?O? W A T G
o ?
Mr. Mark Ball
Rocky River Retail Investments, LLC
3735 Beam Road, Suite B
Charlotte, NC 28219
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
E ,, Q - D
NOV 2 0 2006
i?CTI.A?'?7?Ir'tl ?lJ.1rr Y 7Ai=111pj1/3;rl?
Subject: Reedy Creek Commons Shopping Center
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ball:
Alan W. Klimck, P.E. Director
Division of Water Quality
November 14, 2006
DWQ# 06-1652
Mecklenburg County
You have our approval, in accordance with the attached conditions and those listed below, to impact
424 linear feet (If) of unnamed tributary to Reedy Creek in order to construct the Reedy Creek Commons
Shopping Center in Mecklenburg County, as described in your application received by the Division of Water
Quality (DWQ) on October 16, 2006. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The general certification allows you to use Nationwide Permit Number
39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including.those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted certification will expire when the associated 404 permit expires unless otherwise
specified in the general certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
certification and approval letter; and is thereby. responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
NoACarolina
Aalrtra!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
5. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program), no stream impacts should occur. The In-Lieu-Of-Fee
Coordinator should be contacted at [phone] if you have any questions concerning the EEP. You have
one month from the date of this certification to make this payment. For accounting purposes, this certification
authorizes the fill of 424 linear feet of streams in the Yadkin River Basin, (Cataloging Unit 03040105); and
424 linear feet of stream mitigation is required. Please be aware that the EEP rules require rounding of
stream impacts to the nearest foot (15A NCAC 2R .0503(b)).
6. The planting of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the streambed, unless approved by the DWQ.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream
banks.
8. A final written storm water management plan shall be approved, in writing, by this office prior to the
construction of any permanent facilities at the site. The storm water facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any permanent building is occupied at the site, the facilities (as approved by this office) shall be
constructed and operational, and the storm water management plan (as approved by this office) shall be
implemented. The structural storm water practices as approved by this office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without
written authorization from the Division of Water Quality.
9. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
10. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
12. Continuing Compliance. The applicant (Rocky River Retail Investments, LLC) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504.. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Tamp Bandy

1

o North Carolina Wildlife Resources Commission 9
Richard B. Hamilton, Executive Director

MEMORANDUM
TO: Cyndi B. Karoly, Supervisor ?y17 Do
401 Oversight and Express Permits Unit
NCDWQ Wetlands and Stormwater Branch l; LUuo
,70
/PK
FROM: Ron Linville, Regional Coordinator
V ?art.',?51c, 3o?,,;fcicc,tR.rdGH
Habitat Conservation Program
DATE: November 2, 2006
SUBJECT: Review of an application by Rocky River Retail Investors, LLC, Reedy Creek
Shopping Center, Unnamed Tributary Reedy Creek, DWQ NO: 20061652,
Mecklenburg County
The applicant is requesting 401 Water Quality Certification from the North Carolina Division of
Water Quality. The NCWRC has reviewed information provided by the applicant, and field
biologists on our staff are familiar with habitat values of the project area. These comments are
provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.)
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project is to build a commercial shopping center development in an area previously
containing forests and agriculture. Impacts are within the Yadkin River watershed which
includes the Rocky River. Piping of three stream crossings will be necessary to develop the
property. These crossings will total 424 linear feet of jurisdictional streams. Imperviousness
will total 48.71 percent of the 32.86 acre site. A large Best Management Practice (BMP) is
proposed. Records indicate that the Carolina heelsplitter, Lasmigona decorates (NCE, FE) was
historically present in the area. In addition, the Carolina fatmucket, Lanrpsilis radiata cornspicua
(NCT) and the Carolina creekshell, Villosa vauglianiaira (NCE, FSC) are known for streams in
the Rocky River basin. Although the Rocky River is believed to contain suitable habitats for the
heelspitter and other mussel species, water quality is perceived to be a limiting factor.
Based on our review of the project and the affected area, we will not object to the project.
However, to reduce continued aquatic habitat declines in the basin, we recommend the
following:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
i
Rocky River Retail Investors -Page 2 -
November 2, 2006
1. Culverts 48 inches diameter or larger should be buried a foot into the streambed.
Culverts less than 48 inches diameter should be buried to a depth equal to or greater
than 20% their size to allow for aquatic life passage. These measurements must be
based on natural thalweg depths.
2. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (I5ANCAC 4B .0124).
3. The project should comply with recommendations proposed in the DRAFT Charlotte
Mecklenburg County Post Construction Ordinance.
4. The stormwater pond should be converted to a stormwater wetland to restore lost
habitat values in the area. If this is not possible, providing trees and vegetation (see
attached) around the stormwater pond (except the dam) should reduce thermal
impacts as well as provide some habitat values. Please be advised that we do not
support placement of stormwater measures on jurisdictional waters, especially
perennial waters or wetlands.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Attachment: Piedmont Stormwater Pond and Mine Planting Recommendations
E-copy: Alan Johnson, DWQ-MRO
Steve Chapin, USACOE

Rocky River Retail Investors -Page 3 - November 2, 2006
Piedmont Stormwater Pond and Mine Planting Recommendations
Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be
considered for lower elevation stormwatcr ponds and mine sites:
Spring/Summer Mixture, May 1 - Sept. 15
Fall/Winter Mixture, Sept. 15 - April 30
Browntop millet 201bs/a
Kobe lespedeza 20 lbs/a
Shrub lespedeza 1 lb/a
Switcligrass* 5lb/a
Winter Wheat 120 lbs/a
Kobe lespedeza 201bs/a
Shrub lespcdcza 1 lb/a
Switchgrass* 5lb/ac
Add to fall or spring plantings: `Tioga' Dccrtongue (Panicum clandesanum) at a rate of 7 lbs. Pure Live
Seeds (PLS) per acre.
* When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:1 use
Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and
region. Korean lespcdcza may be appropriate in colder geophysical areas. We do not recommend Sericea lespcdcza
and prefer not to use Korean or Kobe unless necessary as they are exotic. Native plants and warm season grasses
arc preferred over exotic plants.
Add one of the following to the above mixture:
Creeping Red Fescue 5 lbs/acre
Ladino Clover** 5 lbs/acre
Atlantic Coastal Panic Grass 5 Ibs/acre (PLS)
Alfalfa** 5 Ibs/acre (requires fertilizer containing Boron)
** Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as appropriate
and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing
should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree
gro«lh on a 2-3 year schedule.
The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and
shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on
the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water
elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory Sumac White Oak Willow Oak Red Maple**
Viburnum Green Ash Ironwood Black Cherry Persimmon
Water Oak Spice Bush Willow (sp) Servicebcrry Red Oak
Swamp Chestnut Silky Dogwood
Other species may be utilized depending on site requirements and native plant availability. Pines* should not
exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success
rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate
near detention facility dams. Note: Non-native plants included in this list are routinely considered beneficial and/or
agriculturally established non-natives. They have been included as they arc readily available commercially and they
do not exhibit many of the negative attributes of other non-natives that tend to spread or inhibit native plant
propagation and survival.
Triage Check List
Date: 10/23/06 Project Name: Reedy Creels Commons Shopping Center
DWQ #:06-1652
County: Mecklenburg
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 10/16/06 - 12/14/06

From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minim ization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
4 Ni - 0 0 1
Wetland and Natural Resource =}:
:.;.
Consultants, Inc.
October 13, 2006
US ACE, Asheville Regulatory Field Office
Attn: Ms. Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
NC Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
t'i,1V/? ?r1lT
I;ECOVED
OCT 1 6 2006
DENR - WATER QUALITY
VIEM403 NO STOi,11 ATER 6(WX-4
Re: Rocky River Retail Investors, LLC - Reedy Creek Commons Shopping Center
Mecklenburg County, NC
Permit Application
AID #20060076 ! r'
Dear Ms. Jones:
The purpose of this correspondence is to request that you issue a NW Permit 39 Verification for
the above referenced project. The project involves the construction of road crossings for the
purpose of developing the site for commercial use. Stephen Brown from ESC, Inc. completed the
wetland delineation of the site and obtained the attached JD (dated November 16, 2005) from your
office. The JD was under JDH Capital, LLC, but the current owner is Rocky River Retail Investors,
LLC. A copy of the signed wetland survey map is also attached for you review.
This permit application requests authorization for 424 linear feet of impact for three piped road
crossings. 230 linear feet of the impact will be to streams determined to be perennial, while 194
linear feet of impact will occur to a stream assessed to be intermittent. The intermittent stream
is of low quality due to historical impacts from cattle and agricultural uses. The waiver of the 300
foot limit of stream bed impacts under NWP 39 is requested as proposed impacts are assessed to
have no more than minimal adverse effects on the aquatic environment due to the impaired
conditions of the intermittent stream bed. The roads are necessary to provide access to the site
and to allow for required access to Rocky River Road and Hood Road.
Mitigation of stream impacts is proposed by purchase of credits into the NC EEP for 424 linear
feet of stream restoration. The in lieu fee request form is attached for your review. All other
remaining stream reaches and wetlands on the site will be left undisturbed.
Newton Office Canton Office
PO Box 224 wnrinc.com PO Box 882
Newton, NC 28658 Canton, NC 28716
828-465-3035 828-648-8801
828-465-3050 Fax [phone] Fax
Since the site is proposed for commercial development, the applicant has agreed to implement
storm water controls consistent with Mecklenburg County that also fulfill the requirements of
DWQ. General Certification 3402 states that "approval of storm water management plans by the
Division of Water Quality's other existing state storm water programs including appropriate local
programs are sufficient to satisfy this Condition as long as the storm water management plans meet
or exceed the design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs." The applicant's
proposed storm water control plan will meet the Condition, since Mecklenburg County's storm water
management criteria exceeds that required by DWQ. Storm water runoff will be managed through
proven techniques which satisfy the standards imposed by the City of Charlotte Ordinances and the
Charlotte Mecklenburg Design Storm Water Manual. Surface level storm water detention, will be
located in the common open space and not in the setback or buffer.
The detention shall tie-in to the existing abutting storm water system(s). The receiving drainage
system that abuts the site will be analyzed to ensure that it will not be taken out of standard due
to this development. If it is found that the development will cause the receiving water system to
be taken out of standard, the applicant will provide appropriate detention to prevent this from
occurring. If the dxisting, receiving drainage system is deemed to be out of standard prior to the
development of this site, the applicant agrees to provide adequate detention to ensure that the
system will not be additionally overburdened.
Additionally, the applicant will control and treat the difference in storm water runoff volume
leaving the project site between the pre and post development runoff conditions for the 2-year 24-
hour storm. Runoff draw down time shall be a minimum of 24 hours, but not more than 120 hours.
Peak storm water release rates should match pre-development rates for the 2-year and 10-year 6-
hour storm events. The use of structural storm water treatment systems (wet ponds) shall be
incorporated into the site and designed to have an 85% average annual removal for Total Suspended
Solids generated from the development according to specifications in the North Carolina
Department of Environment and Natural Resources Best Management Practices Manual, April 1999.
Your prompt consideration to this permit application is greatly appreciated. Please feel free to call
with any questions that you may have.
Best regards,
C?
Tamp Bandy
828-302-3437
Cc: NCD WQ
Mr. Alan Johnson
610 East Center Ave., Suite 301
Mooresville, NC 28115
Newton Office Clyde Office
PO Box 224 wnrinc.com 217 Paragon Parkway, # 142
Newton, NC 28658 Clyde, NC 28721
828-465-3035 828-627-0051
828-465-3050 Fax [phone] Fax
Needed Information for Jusidictional & Permit Requests:
Name, Mailing Address, Phone Number of Owner/Applicant
Name: Mark A. Ball
Company: Rocky River Retail Investors, LLC
Address: 3735 Beam Road, Suite B
Charlotte, NC 28217
Phone: [phone]
Street Address of Project
4200 Rocky River Road, Charlotte, NC 28215
Waterway
UT to Reedv Creek
Basin
Yadkin
City
Charlotte
County
Mecklenburg
Decimal Degree Coordinate Location of Project Site
35.2725 N 80.699(Y W
USGS Quadrangle Name
Harrisburg
.AIL
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina, 28402-1890
-and-
NC Division of Water Quality, Wetlands Unit
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina, 27604-2260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource
Consultants, Inc. to act on my behalf as my agent during the determination of regulated limits of waters and
wetlands and processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean
Water Act and the Rivers and Harbors Act
Federal and State agents are authorized to be on said property when accompanied by Wetland and Natural
Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information needed for
permit processing at the request of the Corps or DWQ.
Property Owner / Applicant: Rocky River Retail Investors, LLC
Contact Name: Mark A. Ball
Street Address / PO Box: 3735 Beam Rd., Ste. B
City, State, Zip Code: Charlotte, NC 28217
Phone / Fax Number. [phone]/ [phone]
Project Name: Reedy Creek Commons Shopping Center
Property Street Address: 4200 Rocky River Road, Charlotte, NC 28215
Owners / Applicant Signature:
Date: ? ?S'? G

Office Use Only: Form Vcrsion March 05
0
l) L I
J
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
. ?EiVLD
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information OCT 1 6 2006
Name: See attached agent authorization
Mailing Address: UENR-WATER QUALITY
Telephone Number: Fax Number: 1VEiWM MIDSTOpU?JATERBRANCH
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Natne: Tamp Bandy
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: PO Box 224
11 South Collette Avenue
Newton, NC 28658
Telephone Number: 828-302-3437 Fax Number: 828-465-3050
E-mail Address: wnrincnaol.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Page I of 8
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Reedy Creek Commons Shopping Center
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tar PIN): 105061 14, 195061 16, 10515401, 1051
10515402
4. Location
County: Mecklenburg Ncarest Town: Charlotte
Subdivision name (include phase/lot number):Rockv River Shopping Center
Directions to site (include road numbers/names, landmarks, ete.):Take Rocky River Road to
the intersection of I-lood Road. The site is on the southwest corner of Rockv River Road and
Hood Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.2728°N 80.6990°W
6. Property size (acres): 32.85
7. Name of nearest receiving body of water: UT to Reedy Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Mixed forest and agriculture
Describe the overall project in detail, including the type of equipment to be used: Typical
grading equipment such as bull dozers, track hoes, etc. will be used on the project
Explain the purpose of the proposed work: To provide a suitable area for a commercial
shopping center in the area
Page 2 of 3
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. n/a
V. Future Project Plans
Are any future permit requests anticipated for this project? If so. describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
n /'1
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Pipe is to be used in the channel for three
different road crossings
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and floodina.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
n/a n/a n/a n/a n/a - n/a

Page 3 of 3
Total Wetland Impact (acres) n/a
2. List the total acreage (estimated) of all existing wetlands on the property: n/a
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma)
Stream Name
Type of Impact

Intermittent? t?
ntermittent. Average '

Stream Width
Before Impact Impact

Length
(linear feet) Area of

Impact
(acres)
I UT to Reedy Creek pipe road crossing perennial 3 11.4 .0079
2 UT to Reedy Creek pipe road crossing perennial 3 116 .0080
3 UT to Reedy Creek pipe road crossing intermittent 2 194 .0089

Total Stream Impact (by length and acreage) 424 .0248
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
n/a n/a n/a n/a n/a

Total Open Water Impact (acres) n/a
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .0248
Wetland Impact (acres): n/a
Open Water Impact (acres): n/a
Total Impact to Waters of the U.S. (acres) .0248
Page 4 of 3
Total Stream Impact (linear feet): 42d
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
n/a
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.The impacts to streams were as
short as possible and as few in number as possible.as to still have an economically feasible
project. All crossings were as close to perpendicular as possible in order to shorten impact
len4ths
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
Page 5 of 8
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
littp://li2o.enr.state.nc.us/ncwetlands/strmgide.litml.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
n/a
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they arc will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://li2o.enr.state.nc.us/wrp/index.iitm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 424
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-083 to review current thresholds for environmental documentation.
Yes ? No ?
Page 6 of 8
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X.
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify n/a)? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square teet) Mitieation
I n/a 3 (2 for Catawba) n/a
2 n/a 1.5 n/a
Total n/a n/a
* Zone I extends out 30 feet perpendicular from the top of the near hank ofchanncl; Zone 2 extends an
additional 20 fleet Iron the edge ol"Zone I.
XI.
XII.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. n/a
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. As stated by the engineer the impervious acreage
on site will be 16 acres. The total acreaf?e on site is 32.86 acres, so the site will be 48.71%
impervious. Stormwater will be collected in BNIP's onsite and conveved to the large BMP in the
southeastern corner of the site to be treated..
Sewage Disposal (required by DWQ)
Page 7 of 8
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.
Sanitarv sewer will be utilized.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstrearn water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h 2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No. the
site is bordered by two roads.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n/a
Applicant/ ent's Signature Date
(Agent's signature i valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 20060076 County: Mecklenburg U.S.G.S. Quad: Harrisimir
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: TDH Capital LLC / Attn: Mark Ball `.\
Address: 3735 Beam Road, Suite B
Charlotte, NC 28217
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Hood Road, adiacent to Rockv River Road, in Charlotte, Nfeeldenburt*_ County. North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be stream channels on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction.
To be considered final, a jurisdictional determination must be verified by the Corps.
There are stream channels on the above described property subject to the permit requirements of Section 404 of
the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in die law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the stream channels on your property delineated. Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. Fur a inure timely delineation, you may wish to obtain a consultant. To be considered final,
any delineation must be verified by the Corps.
The stream channels on your property have been delineated and the delineation has been verified by the
Cotes. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by tine 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.
The stream channels have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on November 16. 2005 . Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the pen-nit 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.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CANIA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks:
Corps Regulatory Official:
Date November 16, 2005 Expiration Date November 16, 2010
Page 1 of 2
Action Id. 20060076
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC y 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains stream channels with indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Rocky River, which flows into the Yadkin River and
ultimately flows to the Atlantic Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Official (Initial):
FOR OFFICE- USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wedandshvaters, please indicate in "Remarks" section and attach die
"Isolated Determination Information Sheet" to the file copy of this form.
CF: ESC, Ltd. / Attn: Stephen Brown, 8702 Red Oak Blvd., Suite A, Charlotte, NC 28217
JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: %Vilmington
FILE NUMBER: 20060076
PROJECT LOCATION INFORMATION:
State: NC
County: ivlccklenburg
Center coordinates of site (latitude/longitude): 35.2725 / SO.6990
Approximate size of area (parcel) reviewed, including uplands: 55 acres.
Name of nearest waterway: Rocky River
Name of watershed: Yadkin
.JURISDICTIONAL DETERMINATION
Completed: Desktop determination ? Date: November 16, 2005
Site visit(s) ? Datc(s):
Jurisdictional Determination (JD):
? Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
?X Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
? There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
(lie reviewed area. Approximate size ofjurisdictional area: .
? There are "waters of the United States" (as defined by 33 CFR part 338 and associated guidance) within the
rcvicwcd area. Approximate size of jurisdictional area: .
? There are "isolated, non-navigable, infra-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCCIMigratory Bird Rule Information Shect for Determination of No
Jurisdiction.
BASIS OFJURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
? Tile presence of waters that arc subject to the ebb and now of the tide and/or arc presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
? (I) The presence of waters, which arc currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and (low of the tide.
? (2) The presence of interstate waters including interstate wetlands'.
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), muciflats,
sand0ats, wetlands, sloughs, prairie potholes, wct meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which arc or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
® (5) The presence of a tributary to a water identified in (1) - (4) above.
? (G) Tlu presence of territorial seas.
? (7) The presence of wetlands adjacent= to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). The site contains
stream channels with indicators of ordinary high water marks. The stream channel on the property is an
uruiamed tributary to Rocky River, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 32S and 329)
? Ordinary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/charactcristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
? Mean High Water Mark indicated by:
? survey to available datum, ? physical markings. ? vegetation lincs/changcs in vegetation types.
? Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
Basis For Not Asserting Jurisdiction:
? The reviewed area consists entirely of uplands.
? Unable to confirm the presence of watcrs in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to approvejurisdiction on the basis of 33 CFR part 328.3(x)(3).
? The Corps has made a case-specific determination that the following watcrs present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 325.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which arc used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water crcatcd
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation *operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
325.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as dcicrmined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETER51INATION (mark all that apply):
® Maps, plans, plots or plat submitted by or on behalf of the applicant.
? Data sheets prcparcd/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated October 13, 2005, prepared by (company): ESC, Ltd.
? This office does not concur with the delineation report, dated , prepared by (company):
? Data sheets prepared by the Corps.
? Corps' navigable watcrs' studies:
? U.S. Geological Survey Hydrologic Atlas:
Z U.S. Geological Survey 7.5 Minute Topographic maps: Harrisburg
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
? USDA Natural Resources Conservation Service Soil Survey:
? National wetlands inventory maps:
? State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name S Date):
? Other photographs (Date):
? Advanced ldcntifrcation Wetland maps:
? Site visit/dctermination conducted on:
? Applicable/supporting case law:
? Other information (please specify):
'Wetlands arc identified and delineated using the methods and criteria established in the Corps Welland Delineation Manual (87 Manual) (i.c.,
occurrence of hydrophytic vegetation, hydric soils and wetland hydrology).
'Tlte term "adjacent" nu:ans bordering, contiguous, or neighboring. Wetlands separated from other watcrs of the U.S. by man-made dikes or
barriers, natural river bemu, beach dunes, and the like arc also adjacent.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: JDH Capital LLC / Attn: Mark File Number: 20060076 Date: November 16, 2005
Ball
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
--permission)
PROFFERED PERMIT (Standard Pennit or Letter of erniission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at htM:Hwww.usaCe.anny.mil/inet/functions/cw/cecwo/rte or
Corps regulations at 33 CFR 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 Perniit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terns 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 Pennit
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 terns 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 time declined pernmit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: if you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the foram 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Amanda Jones Mr. Michael F. Bell, Administrative Appeal Review
151 Patton Ave Officer
RM 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
S28-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
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.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 91VI15
Atlanta, Georgia 30303-3490
1
I
I
WI
?l
I
al
of
el
$i
0 60 120 240 WETLANDS TABLE
wLL - (HUNCRELS) JURISDNCTIGNAL CH.WNEL
PRENWS TOTAL - 8.733.5 LIIEAR FEET
TOTAL WITH WETLAND A - 9,074.1 LY(AR FEET
SCALE IN FEET
I" = 120'
6
WL - (THCUSA DS) JUA SCI TLGNAL WETL J.O$
WSA-1 - WSA-8 - 422 SCUAAE FED
n
IA' Wl - (IA
S)
JUR?DCT"? CJyNNEL
J. FRANK HODGES, JR. 6510
SA-28
SA_,, - -24N -86309 L1 AR FEET
C8 6012-137 =
IAa 26-76
TAX ID: 105-C61-16
0
Ry
S -111
J. FRANK HODGES &
ASSOCIATES LIMITED PARTNERSHIP
Ca 6503-653
TAX ro. 105-061-14
SA-121
iva
WETLAND • - SEE DETAY.
WSA-I - WSA-8 I
422 SO.Fi.
I` vsA-3 L?'?_6
IC`?-2 -TDATA PCRIT
1 a
VAS REEEAEW[_
1 . ? DRa (14N0 ul
1 '
1
1
1
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affBli[TTENT STREAM $r
S1-11 - SA-241
600.92 ERNEAR FEET VF' cR
JOSEPH W. GRIER, JR.
08 6784-725
TRACT 2
TAX 10: 105-154-01 y K" 4
PEFENNA STREUI F ,451 iii
SA-1 - SA-23 •%6 3 i1Ct
651.01 LINEAR FEET--1
--I? NIOIQ7rEE p- a
Il 7y
6pg
C" IG46:
WETLAND CERTIFICATION
-THIS CERDRES THAT THIS COPY OF THIS PLAT
IDENTIFIES AS WATERS AND WELLANDS All AREAS
OF WATERS AND WETLANDS REGULATED PURSUANT
TO SECTION 404 OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDERSIGNED ON THIS DATE
UNLESS THERE IS A CHANGE N THE LAW. OR OUR
PUBLISHED REGULATIONS, MS CETENMINATON WY
RE RELIED ON FOR A PERIOD NOT TO EXCEED FNE
YEARS FROM THIS DATE. THIS OETERMINATIGN WAS
WOE UITUZNG THE 1987 CORPS OF ENGINEERS
WL710 110.11 ATICN 4ANU
U.S./l/l,?,ARMY CORPS OF e' ' E REPRESE.NTAlE
TITLE /I /I C
v 1N f"I Ll-I `A
DATE Arp olmo3 7b
7
N R= ?, Sm'w24'E SI S Ii
F _ \\\ DUKE POWER COMPANY
C°
CO 6354-314
_? ? - ?4a 1
1
GEORGE C. JUNKER
CB 9564-557
TAX ID: 105-154-06
DUKE POWER COMPANY 1
OR Ca 6338-851 1
I
1
I
1
Mr.
THIS IS TO CERTL Y RAT ON THE 12U DAY OF N(`, l 2 20 1'.1
AN ACTIk SURLY WAS Wyf LICER YY $trER,=N OF THE PRGFERIY
SHOWN ON THIS RAT, A:0 "I THE BDIROARY LBNFS AL,0 TTf 67PRO4E-
MI NTS, F ANY, KI AS SILGAN NGE01L TIS RAT LEFTS THE IGIaLIIII
5TANDARDS OF PRAZ= FOR LAND SUR.FYTNG N NORTH CARCLIINA BGNFO
RILE .1600 (21 NY.IC 56) AND TIE Rti0 OF PREMON DOES NOT EXCEED
AN ERROR OF CLOSURE OF CNE (1) FOOT PER 10,000 FEET OF PG.METER
SUFNEIIED NOR 20 SECONDS TLE5 THE SQUARE ROOT OF TIE NUVBZR OF
ANGLES TURNED. C
sG++m -
1
TOMMY A. CARPENTER
CO 6442-729 1
TAX 10. 105-154-02
I
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96
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a
0
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42\O
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rzA-?7 '(Y?"' N54-8 ?
1 W5A-1 DATA P ,
a WSA-i' R.. X'A 8
co /
e? SA-11
/
2Wux/
DETAA
If SCALE, 1' 50'
ShTEET 2 OF 3 ?
REVISIONS WETLAND DELINEATION MAP PREPARED FOR:
JDH CAPITAL
ROCKY RIVER ROAD AND HOOD ROAD
CRAB ORCHARD TOWNSHIP, AIECXLENSURG COUNTY, NC
TAX PARCELS: 105-061-14, 16,
1C5-154-01, 02, C6 & 10
`O R.B. PHARR & ASSOCIATES, P.A. C/--
SURVEYING MAPPIN., UNTT B-6
231 POST OFFICE CR
IwM TRAIL, N.C. 28079 TEL. [phone] TW: FAwN: H sE6: SCALE: DATE: FILE NO. IT-10OW2
NO
AB 1" = 120' 6/13/05 JOB NO. 65010
1
1 1 1
-ac 1
I I
11 III , _
II III __
I III
11 III 1 ? ,?
1 I x
II I -qT ROCKY RIVER ROAD I Ir
III III, \ ?
III IIII r
III
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III III I-
n' I I Ill s'
N ? I ? Ilt ?I a
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PROPOSED WET POND
BMP
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NOTES
1) ALL ON-SITE STORM WATER SHALL BE
ROUTED TO PROPOSED WET POND BMP.
ON-SITE SHALL BE DEFINED AS THE
COMMERCIAL DEVELOPMENT INSIDE OF THE
EXISTING ROCKY RIVER ROAD, PROPOSED
EASTERN CIRCUMFERENTIAL, THE PROPOSED
COLLECTOR ROAD, AND THE EASTERN
EXTERIOR BOUNDARY LINE LOCATED B/T
CHANNEL AND HOOD ROAD.
1) PROPOSED WET POND BMP WILL BE
DESIGNED TO HAVE AN 859 AVERAGE
ANNUAL REMOVAL FOR TOTAL SUSPENDED
SOLIDS GENERATED FROM THE COMMERCIAL
DEVELOPMENT ACCORDING TO
SPECIFICATIONS IN THE NORTH CAROLINA
DEPT. OF ENVIRONMENT AND NATURAL
RESOURCES BEST MANAGEMENT PRACTICES
MANUAL DATED APRIL 1999.
PRELIMINARY
DO NOT USE FOR CONSTRUCTION

P.\AITCC A0\Pa II. Pr;,jecl. IZ1, RI... SA--' C-1.1\06I!I. i. I. IJ/:/:CC6 A.. o: -. I.I

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TOTAL IMPACTED x \
CHANNEL=±424 L.F.
1 ? .
?+?jF z
ROPOSED WALL
1 3p a ?
I r I I/ I I = ?? o p PIPE (114 LF.)
`ter ---PROPOSED WALL
PIPE (194 LF.)
PIPE (116 LF.)
4
M
PROPOSED WALL

-JTFMT
- -
- -
PRELIMINARY
DO NOT USE FOR CONSTRUCTION
7
'? - °' " OCKY RIVER SHOPPING CENTER
ROCKY RIVER ROAD AND HOOD ROAD
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P:\AUTOCAD\Poris Projects\Rocky River Shopping Center\06151.dwg. 9/14/2006 1:44:41 PM. mbare. 1:1
P:\AUTCCAD\Poris Projects\Rocky River Shopping Centar\06151-culvert Jetail.dwg. 10/12/2006 8:39:19 AM. bcowon. 1:42.4932

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I 180.716 1 160.7006000 ° W 1 1 1 I 180.6833333 ° W 1
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Name: HARRISBURG
Date: 10/11/2006
Scale: 1 inch equals 2000 feet
Location: 035.2730102°N 080.7001331 ° W
Caption: Rocky River Retail Investors, LLC - Reedy Creek Commons
Shopping Center
Mecklenburg County, NC
Copyright (C) 1998, Maptech, Inc.
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 10/0212006
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
CONTACT INFORMATION APPLICANT'S AGENT (optional)- APPLICANT
t?GCX' JL r
t
1. Business or Individual Name- yVzEl?.? Naha?1-SC?r ui r?kltA,t1?
2. Street Address or P O Box (?. u. g? rc LZH 31 3 5 ?e U_r .. ??+e__,
3. City, State, Zip._ NG 19&Scd CA ckrlo?
4. Contact Person
5. Telephone Number
0
- tilt 3-
.. -. /Vlt r k _L_

yllws?ti
`Cr?
6. Fax Number
7. E-Mail Address (optional)

PROJECT INFORMATION

8. Project Name
_ ... ---- ------
i
:. wed Creek Cbonrno r?S_ She, in C.e-,-)kr
9. Project Location (nearest town, city)
y2VU HOC - ???er mad , C.kar\cvy,?_
10. Lat-Long Coordinates (optional) i (v 0 •(A` cj Ou

11. Project County
12. Rivor Bassin •
13. Cataloging Unlt('64git) tree Note i) i
o3 o Li 0 C)
14. Riparian Wetland Impact (ac.) (e.g., 0.13) I N
_.......__.. 1
15. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Im act ac. N _I
17. Stream Impact (ft.) (e.g. 1,234) _ Warm Cold
(See Note 2) y Z y N i A IQ 1 A
18. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12.345)
' V
(See Note 3) _. _ .. ---- - - -- --- - -
---
19. Buffer Impact-Zono 2 (sq. ft.) ,
IMPORTANT
Chock (J) below if this request is a: Signature of Applicant or Agent:
??? ?JCr?
_ revision to a current acceptance, or
re-submission of an expired acceptance II Date: I O
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed' web page:
http //cfpub.epa.gov/surf/locate/index.cfm
Note 2: For guldanco on strearn tempcrdtums, go to:
http //www saw usace army mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kel ly Williams at 919-716-1921 or [e-mail]
i
Rocky River Retail Investors, LLC - Reedy Creek Commons Shopping Center
Soil Survev
v?ad
CPd2
t CeD2 ?? \
F ..
Kati
H41
;/ CeD21. Ce82

Soil Legend
Symbol Name
CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, eroded
VaB Vance sandy loam, 2 to 8 percent slopes
Vat) Vance sandy loam, 8 to 15 percent slopes
HeB Helena sandy loam, 2 to 8 percent slopes
I ?
I. ? ? _ yQy?
.I
ROAD `Z
AIM
EXIST- ROCKY1% I r
4
17
4 l: fjl f L J` C' I N
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' -? JURISDICTIONAL '' 11
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_Vr
PROP. COLLECTOR
ROAD
-
-w 41
PROPOSED WET POND
BMP
kECEIVED
.z
Wetland and Natural Resource
Consultants, Inc.
L•••.......
October 13, 2006
U5 ACE, Asheville Regulatory Field Office
Attn: Ms. Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
NC Division of Water Quality
Attn: Ms. Cyndi Kcroly
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
T
RECEIVED
E 2 2 a W Lr 29
OCT 1 6 2006
E ?TL? 40 AND sTrOfi MQUALITY
ER 15MG4
Re: Rocky River Retail Investors, LLC - Reedy Creek Commons Shopping Center
Mecklenburg County, NC
Permit Application
AID #20060076
Dear Ms. Jones:
The purpose of this correspondence is to request that you issue a NW Permit 39 Verification for
the above referenced project. The project involves the construction of road crossings for the
purpose of developing the site for commercial use. Stephen Brown from E5C, Inc. completed the
wetland delineation of the site and obtained the attached JD (dated November 16, 2005) from your
office. The JD was under JDH Capital, LLC, but the current owner is Rocky River Retail Investors,
LLC. A copy of the signed wetland survey map is also attached for you review.
This permit application requests authorization for 424 linear feet of impact for three piped road
crossings. 230 linear feet of the impact will be to streams determined to be perennial, while 194
linear feet of impact will occur to a stream assessed to be intermittent. The intermittent stream
is of low quality due to historical impacts from cattle and agricultural uses. The waiver of the 300
foot limit of stream bed impacts under NWP 39 is requested as proposed impacts are assessed to
have no more than minimal adverse effects on the aquatic environment due to the impaired
conditions of the intermittent stream bed. The roads are necessary to provide access to the site
and to allow for required access to Rocky River Road and Hood Road.
Mitigation of stream impacts is proposed by purchase of credits into the NC EEP for 424 linear
feet of stream restoration. The in lieu fee request form is attached for your review. All other
remaining stream reaches and wetlands on the site will be left undisturbed.
Newton Office Canton Office
PO Box 224 wnrinc.com PO Box 882
Newton, NC 28658 Canton, NC 28716
828-465-3035 828-648-8801
828-465-3050 Fax [phone] Fax
Since the site is proposed for commercial development, the applicant has agreed to implement
storm water controls consistent with Mecklenburg County that also fulfill the requirements of
DWQ. General Certification 3402 states that "approval of storm water management plans by the
Division of Water Quality's other existing state storm water programs including appropriate local
programs are sufficient to satisfy this Condition as long as the storm water management plans meet
or exceed the design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs." The applicant's
proposed storm water control plan will meet the Condition, since Mecklenburg County's storm water
management criteria exceeds that required by DWQ. Storm water runoff will be managed through
proven techniques which satisfy the standards imposed by the City of Charlotte Ordinances and the
Charlotte Mecklenburg Design Storm Water Manual. Surface level storm water detention, will be
located in the common open space and not in the setback or buffer.
The detention shall tie-in to the existing abutting storm water system(s). The receiving drainage
system that abuts the site will be analyzed to ensure that it will not be taken out of standard due
to this development. If it is found that the development will cause the receiving water system to
be taken out of standard, the applicant will provide appropriate detention to prevent this from
occurring. If the existing, receiving drainage system is deemed to be out of standard prior to the
development of this site, the applicant agrees to provide adequate detention to ensure that the
system will not be additionally overburdened.
Additionally, the applicant will control and treat the difference in storm water runoff volume
leaving the project site between the pre and post development runoff conditions for the 2-year 24-
hour storm. Runoff draw down time shall be a minimum of 24 hours, but not more than 120 hours.
Peak storm water release rates should match pre-development rates for the 2-year and 10-year 6-
hour storm events. The use of structural storm water treatment systems (wet ponds) shall be
incorporated into the site and designed to have an 85% average annual removal for Total Suspended
Solids generated from the development according to specifications in the North Carolina
Department of Environment and Natural Resources Best Management Practices Manual, April 1999.
Your prompt consideration to this permit application is greatly appreciated. Please feel free to call
with any questions that you may have.
Best regards,
C?
Tamp Bandy
828-302-3437
Cc, NCD WQ
Mr. Alan Johnson
610 East Center Ave., Suite 301
Mooresville, NC 28115
Newton Office Clyde Office
PO Box 224 wnrinc.com 217 Paragon Parkway, # 142
Newton, NC 28658 Clyde, NC 28721
828-465-3035 828-627-0051
828-465-3050 Fax [phone] Fax
Needed Information for Jusidictional & Permit Requests:
Name, Mailing Address, Phone Number of Owner/Applicant
Name: Mark A. Ball
Company: Rocky River Retail Investors, LLC
Address: 3735 Beam Road, Suite B
Charlotte, NC 28217
Phone: [phone]
Street Address of Project
4200 Rocky River Road, Charlotte, NC 28215

Waterway
UT to Reedv Creek
Basin
Yadkin
City
Charlotte
County
Mecklenburg
Decimal Degree Coordinate Location of Project Site
35.2725 N 80.6990' W
USGS Quadrangle Name
Harrisburg
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina, 28402-1890
-and-
NC Division of Water Quality, Wetlands Unit
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina, 27604-2260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource
Consultants, Inc. to act on my behalf as my agent during the determination of regulated limits of waters and
wetlands and processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean
Water Act and the Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Wetland and Natural
Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information needed for
permit processing at the request of the Corps or DWQ.
Property Owner / Applicant: Rocky River Retail Investors, LLC
Contact Name: Mark A. Ball
Street Address / PO Box: 3735 Beam Rd., Ste. B
City, State, Zip Code: Charlotte, NC 28217
Phone / Fax Number. [phone]/ [phone]
Project Name: Reedy Creek Commons Shopping Center
Property Street Address: 4200 Rocky River Road, Charlotte, NC 28215
Owners / Applicant Signature:
Date:
?1Lt
?w
r •i.??

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing

Check all of the approval(s) requested for this project: IzECEiVED
N Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information ?L9 k_L91
(JU D
1. Owner/Applicant Information OCT 1 G 2006
Name: See attached agent authorization DENR.WATER
Mailing Address: t?"tT1q?,?pgAl?pSTOR1 WAQUAL.Y
7ERB,,,CH
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Tamp Bandy
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: PO Box 224
11 South College Avenue
Newton. NC 24658
Telephone Number: 828-302-3437 Fax Number: 824-465-3050
E-mail Address: wnrincnaol.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Page I of 8
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Reedy Creek Commons Shopping; Center
2. T.I.P. Project Number or State Project Number (NC DOT Only): n/a
3. Property Identification Number (Tax PIN): 105061 14, 105061 16, 10515401, 10515410,
10515402
4. Location
County: Nlecklenbur?; Nearest Town: Charlotte
Subdivision name (include phase/lot number):Rockv River Shopping Center
Directions to site (include road numbers/names, landmarks, etc.):Take Rocky River Road to
the intersection of Hood Road. The site is on the southwest corner of Rockv River Road and
Hood Rond.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.2724°N 40.6990°W
6. Property size (acres): 32.45
7. Name of nearest receiving body of water: UT to Reedy Creek
4. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Mined forest and agriculture
Describe the overall project in detail, including the type of equipment to be used: T ical
grading equipment such as bull dozers, track hoes, etc. will be used on the project
Explain the purpose of the proposed work: To provide a suitable area for a commercial
shopping center in the area
Page 2 of 8
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. n/a .
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
n/a
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be, shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Pipe is to be used in the channel for three
different road crossings
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senaratelv list imnacts due to both structure and floodine.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
n/a n/a n/a n/a n/a n/a

Page 3 of 3
Total Wetland Impact (acres) n/a
List the total acreage (estimated) of all existing wetlands on the property: n/a
Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent. Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
I UT to Reedy Creek pipe road crossing perennial 3 114 .0079
2 UT to Reedy Creek pipe road crossing perennial 3 116 .0080
3 UT to Reedy Creek pipe road crossing intermittent 2 194 .0089

Total Stream Impact (by length and acreage) 424 .0248
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma)
Waterbody
Name of
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
n/a n/a n/a n/a n/a

Total Open Water Impact (acres) n/a
5. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Impact (acres): .0248
Wetland Impact (acres): n/a
Open Water Impact (acres): n/a
Total Impact to Waters of the U.S. (acres) .0248
Page 4 of 8
Total Stream Impact (linear feet):
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
n /n
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.The impacts to streams were as
short as possible and as few in number as possible.as to still have an economically feasible
project. All crossings were as close to perpendicular as possible in order to shorten impact
lengths
VIII. Mitibation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
Page 5 of 8
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide- for Stream Work in North Carolina, available at
http://l12o.enr.state.nc.us/ncwetlands/strm'ide.litml.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
n/a
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check tile NCEEP
website at littp://112o.enr.state.nc.us/wrp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 424
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
Page 6 of 8
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Y. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify n/a)? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying; the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitication
I n/a 3 (2 for Catawba) n/a
2 n/a 1.5 n/a
Total I n/a I I n/a
" Zone I extends Out 30 tcct perpendicular from the top of the near bank of channel: Zone 2 extends an
additional 20 icct from the edge of Zone I.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. n/a
YI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. As stated by the engineer the impervious acreage
on site will be 16 acres. The total acreage on site is 32.86 acres, so the site will be 48.71%
impervious. Stormwater will be collected in BMP's onsite and conveved to the lame BMP in the
southeastern corner of the site to be treated..
YII. Sewage Disposal (required by DWQ)
Page 7 of 3
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.
Sanitary sewer will be utilized.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application? Yes ? No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://l12o.enr.state. nc. us/ncwetlands. If no, please provide a short narrative description: No, the
site is bordered by two roads.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n/a
Applicant/ Ant's Sibnature Date
(Agent's signature i valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 20060076 County: Mecklenburg U.S.G.S. Quad: Harrisburt<'
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: JDH Capital LLC I .Attn: Mark Ball `.
Address: 3735 Beam Road. Suite B \
Charlotte. NC 28217'
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) Tire site is located on the north side of
Hood Road. adincent to Rockv River Road, in Charlotte. I%Jecklenbure Countv. North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be stream channels on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction.
To be considered final, a jurisdictional determination must be verified by the Corps.
There are stream channels on the above described property subject to the permit requirements of Section 404 of
the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the stream channels on your property delineated. Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final,
any delineation must be verified by the Corps.
The stream channels on your property have been delineated and 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.
Y Tile stream channels have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on November 16, 2005 . Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to detemline their requirements.
Remarks:
Corps Regulatory Official: -
Date November 16. 2005 Expiration Date November 16, 2010
Page 1 of 2
Action Id. 20060076
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains stream channels with indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Rocky River, which flows into the Yadkin River and
ultimately flows to the Atlantic Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach die
"Isolated Detcrmination Infortnation Sheet" to the file copy of this form.
CF: ESC, Ltd. / Attn: Stephen Brown, 8702 Red Oak Blvd., Suite A, Charlotte, NC 2821.7
JURISDICTIONAL DETERMINATION Revised 8113/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: Wilmington
FILE NUMBER: 30060076
PROJECT LOCATION INFORMATION:
State: NC
County: iviccklcnburg
Center coordinates of site (latitude/longitude): 35.3735 / 50.6990
Approximate size of area (parcel) rcvicwcd, including uplands: 55 acres.
Name of nearest waterway: Rocky River
Name of watershed: Yadkin
JURISDICTIONAL DETER1111NATION
Completed: Desktop determination ? Date: November 16, 2005
Site visit(s) ? Datc(s):
Jurisdictional Determination (JD):
? Preliminary JD -Based on available information, ? !here appear ro be (or) ? there appear to be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
?X Approved JD - An approved 1D is an appealable action (Reference 33 CFR part 331).
Check all that apply:
? There are "navigable Walers of the United States" (as defined by 33 CFR part 339 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area: .
® There are "waters of the United States" (as defined by 33 CPR part 328 and associated guidance) within the
rcvicwcd area. Approximate size ofjurisdictional area: .
? There are "isolarcd, non-navigable, infra-stare waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migratory Bird Rule Information Shect for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defned under 33 CFR part 329 as "navigable waters of the United States":
? The presence of waters that are subject to the ebb and (low of the tide and/or arc presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as `hvaters of the United States":
? (1) The presence of waters, which arc currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are sub?ect to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands.
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which arc or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which arc or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
? (5) The presence of a tributary to a water identified in (1) - (4) above.
? (6) The presence of territorial seas.
? (7) The presence of wetlands adjacent' to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). The site contains
stream channels with indicators of ordinary high water marks. The stream channel on the property is an
unnamed tributary to Rocky River, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 32S and 339)
? Ordinary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along short objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
? fvlcan High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
? Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
[basis For Not Asserting Jurisdiction:
? Tile reviewed area consists entirely of uplands.
? Unable to confirm the presence of watcrs in 33 CFR part 32S(a)(I, 2, or4-7).
? Headquarters declined to approvejurisdiction on the basis of 33 CFR part 32S.3(a)(3).
? The Corps has made a case-specific determination that the following watcrs present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 325.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which arc used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
335.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (ntarlc all that apply):
© Maps, plans, plots or plat submitted by or on behalf of the applicant.
? Data sheets prepared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated October 13, 2005, prepared by (company): ESC, Ltd.
? This office does not concur with the delineation report, dated prepared by (company):
? Data sheets prepared by the Corps.
? Corps' navigable watcrs' studies:
? U.S. Geological Survey Hydrologic Atlas:
© U.S. Geological Survey 7.5 Minute Topographic maps: Harrisburg
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
? USDA Natural Resources Conservation Service Soil Survey:
? National wetlands inventory maps:
? State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name S Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name S Date):
? Other photographs (Date):
? Advanced Identification Weiland maps:
? Site visit/determination conducted on:
? Applicable/supporting case law:
? Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wclland Delineation Manual (37 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and %vctland hydrology).
=Ilte term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like arc also adjacent.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: JDH Capital LLC / Attn: Mark File Number: 20060076 Date: November 16, 2005
Ball
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at httn://www.usace.army.niil/inet/f inctions/cw/cecwo/ref; or
Corps regulations at 33 CFR 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 ofyour 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, die 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 penmit
• ACCEPT: If you received a Standard Permit, you may sign the penmit document and return it to the district engineer for final
authorization. if you received a Letter of Permission (LOP), you may accept [lie 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 II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
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 1D. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Cotes of Engineers Administrative
Appeal Process by completing Section 11 of this Corm 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Amanda Jones Mr. Michael F. Bell, Administrative Appeal Review
151 Patton Ave Officer
RM 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Airny Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
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.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9NI15
Atlanta, Georgia 30303-3490
I
I
I
it
?I
I
I
al
I
SI
PEHENia STREAM
SA-1 - SA-28
651.01 LNEAR FEEL
n:
WETLANDS TABLE
WL - (HUNDREDS) ARIS3CnONAL CHANNEL IcA&ERENCE,
Rwo u)
PREVIOUS TOTAL - 8.733.5 LINEAR FEET R 3 •?^----r....?-
TOTAL wffH WETLAND A - 9.074.1 UNEAR FEEL II I ?i'?>•"- 3O°
WL - (THOUSAND JUraSLfCi1GHAI »ETlANGS J. FRANK HODGES &
WSA-I - WSA-e - 422 SQUARE FEET ASSOCIATES LIMITED PARTNERSHIP
Ca 6507-653
wL - (uN RFDS) JUILSDI NNL C-INEL TAX HO. 105-061-14
SA-1 - U-28 651.0 LINEAR FEET
SA-II - SA-241 &00.9 Lit" FEET
I ?
"t, 'tbKA 'A w
I ??KK 0
I Kl.
WETLAND. _ _ O S AA
1YSA-1 - WSA-8 yo. YE GET I z ?
422 SOFT. '? co F,, s
AW?S?A?-3 . I N a
$,?? I` YfSA-? 4SA-?1 WI "a !I ml '?, 1 ? ,
,?.,y J 1/jl w©SA-ta ,? W 4 ''.s _. }11 s -Nf it { W c\I tYJ
t' .1 t 3 bT7 3N ~o3 C1. "7i rT:E "'??-X 3< r< ?
SA IN
li?E ?• Jf??i, I j C
INTUUMT STREAM ?'P• (n u
SA-11 - SA-241 NOPI4ITW 19]•7 g'-?
600.92 WLEFR FEET 1/2 rq - S e / S
L y 7EN °i?^ O JO2i CD
p
OD
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I s S.-?. -7 i zx
li 10. ezr ?TI, ;;?lF
_ , - I Dux{ _ `" „ IF
S IP16'I?Iy 1457fq
3"',
WETLAND CERTIFICATION
-THIS CERTIFIES THAT THIS COPY CF THIS PLAT
IOENTJIES AS WATERS AND WETLANDS ALL AREAS
OF WATERS AND WFTLANDS REGLAAIFD PURSUANT
TO SECTION 404 OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDFRS:GNEO ON THIS OATS
UNLESS THERE 6 A CHANGE N THE LAW, CA OUR
PUELEHED REGULATIONS, THIS CETELMINATIDN MAY
BE REI.ED ON FOR A PERIOD NOT TO EXCEED FIVE
YEARS FROM THIS DATE THIS DETERWNAIlCN WAS
MACE LMUZNG THE 1987 CORPS OF ENGNEERS
oEUNEAncN uAN
r?
U.S. IFt1/Y CORPS OF QIGi REPRESEMATM1E
gallaI
nTLE NN v EN e411wbA..- II c , 115
DATE :EI f•
DUKE POWER COMPANY
Ca 6354-314
1
DUKE POWER COMPANY j
Oa 633E-951 1
1
I
1
1
THIS 6 TO CERTIFY THAT ON THE 3LR1 DAY OF Q`,fV" 20 I,
AN ACTUAL SURVEY WAS MADE uhCiER MY SuPERVOON OF THE PRCI'MY
SHOWN ON THIS PLAT, AND THAT THE BOLNWD' U.ES ANO THE WPRO'T-
RD1TS, F ALT(, ARE AS SHOWN h RCUL THIS PLAT MEETS THE 661FMU?4
STANDARDS OF PRACTICE FOR LAND SUR.EYWC H NORTH CARL Iq BOARD
RULE .1600 (21 READ 56) AND THE RAT10 OF PREOISON DOES NOT EXCEED
AN ERROR Of CLOSURE OF OIIE (1) FOOT PER 10,000 FEET OF PEiJiM
SIXi?EYED NOR 2O SECONDS TWIS THE SQUARE ROOT OF THE NUMBER OF
ANOLLS TURNED. vcNED C A12JlJ./ -??-
I' C.
TOMMY A. CARPENTER
o 9442-729
10:105-154-02
r I
I
I
1
WETLAND ` \ ?
WS1-1 - WSA-8 A ?
1422 SOFT.
yRA-76 \T
1 WSA-2 DATA PD.1
vsA-I I
?- wsA-e
\ \ ? Y? SA1 /
/
/
cEtAx?
/ SCALE 1• - 50'
SHEET 2 OF J ? -
REVISIONS WETLAND DELINEATION MAP PREPARED FOR:
JDH CAPITAL
ROCKY RIVER ROAD AND HOOD ROAD
CRAB ORCHARD TOWNSHIP, MECKLENBURG COUNTY, NO
TAX PARCELS: 105-061-14, 16,
. 105-154-01, 02, 06 & 10
. R.B. PHARR & ASSOCIATES, P.A.
?
O SURVEYING & MAPPING
cl
231 POST OFFICE DR., UNR 8-6 L
*••?' INOM TRAIL, N.C. 28079 TEL. [phone] •?
-MEWT- oRAwN: o: SSE: DATE: FILE NO. ff-1O0W2
ND AB 1" = 120' 6/13/05 708 NO. 65010
0 60 120 240
SCALE IN FEET
1" = 120'
J. FRANK HODGES, JR.
C8 E012-137
W 26-76
TAX I0: 105-CSI-I6
v
JOSEPH W. GRIER, JR.
Da 67a4-725
TRACT 2
TAX ID: 105-154-01
GEORGE C. JUNKER -
CB 9564-557 I?
TAX U: 105-154-05
v
??1cr ROCKY RIVER ROAD I x 11 r.=
1 I I Illj \ ?
III Ilil r
L
mill Hill
0 I I III'
olll
m Iii ?-
?? I liilr
IIu
z I 1 III L
Q I III
sll
All --
z I
HI
ii
1111 II I
I
Illlll ?.
I
11111
1111 L'L
1
'ill I
IIII II
1 I
1
1 1
1 I
I ?
1
PROPOSED ET POND
BAP
m I
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y ?' I
i
I 1
1
1 I
1
1
I 1
1? I
a11c 1
1 1
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NOTES
1) ALL ON-SITE STORM WATER SHALL BE
ROUTED TO PROPOSED WET POND BMP.
ON-SITE SHALL BE DEFINED AS THE
COMMERCIAL DEVELOPMENT INSIDE OF THE
EXISTING ROCKY RIVER ROAD. PROPOSED
EASTERN CIRCUMFERENTIAL. THE PROPOSED
COLLECTOR ROAD. AND THE EASTERN
EXTERIOR BOUNDARY LINE LOCATED B/T
CHANNEL AND HOOD ROAD.
2) PROPOSED WET POND BMP WILL BE
DESIGNED TO HAVE AN 85X AVERAGE
ANNUAL REMOVAL FOR TOTAL SUSPENDED
SOLIDS GENERATED FROM THE COMMERCIAL
DEVELOPMENT ACCORDING TO
SPECIFICATIONS IN THE NORTH CAROLINA
DEPT. OF ENVIRONMENT AND NATURAL
RESOURCES BEST MANAGEMENT PRACTICES
MANUAL DATED APRIL 1999.
PRELIMINARY
DO NOT USE FOR CONSTRUCTION

P.\n 1C=A]'\P.- Pr_je-;F-, R11.1 Sh.-Ig C.11.1\061Sl.d.g. 10;'S/2CC6 11....2_ AM. b: -. 1.1
TOTAL IMPACTED
CHANNEL=±424 L.F.
.a

i?R
1
it
II?
YV I I I /??
PIPE It
4L
4
R ROPOSED WALL
ffII i d 18
iw $ F
PIPE (114 LF.)
o
•'?----PROPOSED WALL
PIPE (116 LF.)
,gyp E Y >q ? O
?q v ? ? ;? t t 9 ??
PROPOSED WALL
- - PRELIMINARY C-P
DO NOT USE FOR CONSTRUCTION
"W6CKY RIVER SHOPPING CENTER
ROCKY RIVER ROAD AND HOOD ROAD
- rue:
- --- - - OPTION #3
Cy7TTL Fie if 06151.d ,q ® ®Nte: 09/11/06 Project Eqr: ABC
t t ® t t - - _ ?F..71 3?LaCCAJ A 0e,.,n By for
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SUITE 110
I I I I I I n - ,? PXOD730 P R OAK BLVD., 28217
XE (704) 5270 NOX.C. FAX [phone] C 1 • 3
P:\AUTOCAD\Poris Projects\Rocky River Shopping Cenler\06151.dwg. 5/14/2006 1:44:41 PM, m bore. 1:1
CULVER MINIMUM EXIT BAFFLE HEIGHT INTERNAL BAFFLE HT. IBAFFLE OFFSET DIST.
DIAMETER AMOUNT (ENTIRE WIDTH) (WIDTH IS 1/2 DIA.) (ALONG PIPE)
BURIED
>/=48" 12" 12" 14" 8' TO 10'
CHANNEL
CCPIPE DLA.=VAfi
EXIT BAFFLE DETAIL
r
BAFFLE ACROSS ENTIRE PIPE TO
ACHIEVE PRIOR ELEVATION
3AFFLE HEIGHT

BAFFLE HEIGHT
INTERNAL BAFFLE - SEE TABLE FOR HEIGHT
AND OFFSETS ALONG PIPE LENGTH.
ALTERNATE BAFFLES EA. SIDE OF PIPE
INTERNAL BAFFLE DETAIL
STORM-V AQUATIC LIFE PASSAGE PIPE BAFFLE DETAILS
(FOR 54" CMP)
PRELIMINARY
DO NOT USE FOR CONSTRUCTION
P:\AUTOCAD\Poris Projects\Rocky River Shopping Center\06151-culvert deloil.dwg. 10/12/2006 8:39:19 AM, bcowan. 1:42.4932
MapQuest: Maps
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4200 Rocky River Rd
Charlotte NC
28215-8590 US
Notes:
Page 1 of 1
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risk of use. MapQuest and its suppliers assume no respons ibility for any loss or delay resulting from such use.
http://www.mapquest.conVmaps/print.adp?mapdata=UAmOU3b9NY2UnKiNI77ILCmefH... 10/11/2006
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Name: HARRISBURG Location: 035.2730102°N 080.70013311W
Date: 10/11/2006 Caption: Rocky River Retail Investors, LLC - Reedy Creek Commons
Scale: 1 inch equals 2000 feet Shopping Center
Mecklenburg County, NC
(C) 1998, Maptech, Inc.
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 10/02/2006
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
CONTACT INFORMATION APPLICANT'S AGENT (optional) APPLICANT
1. Business or Individual Name ?V?zE1or:A nns? NU4+a1-sG?c ui r?kltarJT f?tCki?t! r ?A?1 ln??shl>
-
2. Street Address or P O Box `LC,
('. (?, (30 lZ N T; 31 3
............ ---- - - ----- - S - - --1-
3. City, State, Zip to r1 fV c, 'Lg (?S?d C.h?l Q N `- Z!
?j"J mzL_ nn
1 4. Contact Person (n
A Y is f k
_ 0,
--_3?p..
5. Telephone Number
I
6. Fax Number - -- ?Z=`_b_ ?=SO
7. E-Mail Address (optional) ?cvm?lo.?`u Wet?c?r\C? -
PROJECT INFORMATION.
8. Projoct Name - i
, wed C,re.?k C?I?,?v? Shop tn? Ce.nk.i'
?.____.._ ..-.- - ___--- _-- ?------•-
_
9. Project Location (nearest town, city) ;
_.__ -_
y -Luc.) ?Z:Nve_< mad , C..!-,0L1r \CJVL
10. Lat-Long Coordinatos (optional) I (v v.?,? cj Qu V\J
11. Project County '

12. Rrvor Basin
I d
yoa Vi
Cataloging unit (8-dlgit) tree Note 1)
13
i
.
14. Riparian Wetland Impact (ac.) (e.g., 0.13) f N I
15. Non-Riparian Wotland Impact (ac.) N `
16. Coaatal Marsh Impact (ac.) N f
17. Stream Impact (ft.) (e.g. 1,234) -Warm -.___...._.L..___..._Cool . ....... Cold f

(See Note 2)
t 19
U
N i ?t
1-t f ? I?
18. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345)
See Note 3) N
19. Buffer Impact-Zone 2 (sq. ft.)
IMPORTANT
Chock (?) below if this request is a:
revision to a current acceptance, or
- re-submission of an expired acceptance
Signature of Applicant or Agent:
t' GVI?,cn ?j C-LtJ-'Tb?a. rte.
Date: I O ` 11 `O Co
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
hitp-1/cfpub.epa.gov/surf/locate/index.cfm
Note. 2: For guldance on strearn lemputalures, go to:
http://www.saw.usace.army mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or [e-mail]

Rocky River Retail Investors, LLC - Reedy Creek Commons Shopping Center
Soil Survey
CPB2 .

0102 \
wkE / - n ;
?k
1 ??
'I .14
I- T
Ce0
Soil Legend
Symbol Name
CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, eroded
VaB Vance sandy loam, 2 to 8 percent slopes
VaD - Vance sandy loam, 8 to 15 percent slopes
HeB Helena sandy loam, 2 to 8 percent slopes
r ji I \ II ?^n ?
I I I
I! I? I
?, I, '_,_.- ?_-?- ,, _ -x.?c•
? ROCKY RIVER ROAD
t i \ EXIST. -??- - ---
mw?
III ?3?: I '
JURISDICTIONAL I
CHANNEL
f' I 1 i= 71
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Arm
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6
1 ° I - ' - Ar r PROP. COLLECTOR
ROAD
Q-
d-
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PROPOSED WET P