20061436 Ver 1_Individual_20060906

V
Cuthbertson Road
and 200 1 61 43e
Providence Road -
Commercial Village
Waxhaw, Union County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS and NCDENR
Prepared For
Ms. L. Karen Partee
Director of Construction Administration
Cuthbertson Rd. 1, LLC
6525 Morrison Boulevard
Charlotte, NC 28211
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
September 5, 2006
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SEP 6 ZOL1
DENR - WATER QUA01"Y
WETLANDS AND STORMWATER BRANCH

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 2 ~ ~ ~ ~ 4 3 6
(If any particular item is not applicable to this project, please enter °NOt Hppncaoie or i~ir~ .~
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification (less than PCN threshold)
2. Nationwide, Regional or General Permit Number(s) Requested: 39 and 18
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Impacts are less than 1501inear feet to important/perennial streams
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 Owner/Applicant Information
Ms. L. Karen Partee
Director of Construction Administration
Cuthbertson Rd.l, LLC
6525 Morrison Boulevard
Charlotte, NC 28211
Telephone Number: 704 366-7337
E-mail Address:
AgentlConsultant 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: Leonard S. Rindner, PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: irindner(cr~carolina.rr.com
III. Project Information
Fact Number:
D
SFP ~ 2aas
Uk1yk - WA7'~~ G~UALlIY
~TIANDS AND STORIuyyAT~ B~~
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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
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 fmal 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: Cuthbertson Road And Providence Road Commercial Village
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Union County Nearest Town: Waxhaw
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps -
5. Site coordinates, if available (UTM or Lat/Long): 34.9598°N, 80.7588°W (WGS84/NAD83)
USGS Catawba NE (Note - If project is linear, such as a road or utility line, attach a sheet that separately
lists the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): + 59 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of West Fork Twelve Mile
Creek
8. River Basin: Catawba
(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.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped woodland disturbed agricultural and
residential property.
10. Describe the overall project in detail, including the type of equipment to be used:
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Proposed retail development.
11. Explain the purpose of the proposed work:
Development of development areas for commercial and business facilities, parkin ,road
crossingL and stormwater management areas.
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 USAGE 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.
Preliminary wetland and stream evaluation and delineation was conducted in conjunction with
~roiect planning. Modifications were made to the initial concepts to minimize impacts to
jurisdictional streams and wetlands. The stream determinations and Nationwide Permit eli ibili
requirements were verified by the USAGE (Amanda Jones) on 11/OS/O5.
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.
Additional impacts are not expected.
V. 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
1. Provide a written description of the proposed impacts: Proposed impacts to streams,
wetlands, and open waters are required to develop pads for commercial and other business
parcels parking, roads, pedestrian areas, and related en ing Bering and design requirements.
2. Individually list wetland impacts below:
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Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(lineaz feet)
Type of Wetland***
#6 NWP #39 0.040 no +/- 0' PSS1A
#1 NWP #39 0.035 no +/- <50' PSS1A/PEM1C
#4 NWP #39 0.019 no +/ < 100' PSS1A
#8 MWP #3 0.010 no +/- 0' PSS1A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, sepazately list impacts due to both structure and flooding.
** 100-Yeaz floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httg://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only).
List the total acreage (estimated) of all Waters of U.S. on the property: +/- 1.25 acre
Total area of wetland impact proposed: 0.104 acres
Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Irn act Perennial or
Intermittent?
(leases eci )
#1 NWP 39 414' UT of WF Twelve
Mile Creek 3, Int./Unimportant*
#2 NWP 39 284' same 3' Int./Unimportant*
#3 NWP #39 148' same 6' Perennial
#5 NWP #39 141' Same -ditched 3' Int./Unimportant*

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps aze available through the USGS at 1-800-358-9616, or online at
www.us~s.t;ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.wpozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 987 if
• -Unimportant Intermittent Streams verified by USAGE 11/10/OS = 839 linear
feet
• -Important Perennial Stream verified by USAGE 11/10/OS = 148 linear feet
Sewer lines will be constructed in accordance with NWP #12 and GC 3374 and will connect
with an existing trunk line along Twelve Mile Creek
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Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact

Site Number
(indicate on ma)
*
Type of Impact Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
lake, pond, estuary, sound,
(
ba ,ocean, etc.)
#7 NWP #18 0.06 Farm Pond Pond

* List each impact sepazately and identify temporary impacts. Impacts include, but aze not hmrted to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
3. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater requirement
Size of watershed draining to pond: 60 acres +/- Expected pond surface area: 1.8 acres
TOTAL OVERALL IMPACTS TO WATERS OF THE U.S. _ +/- 0.25 acres (wetlands,
streams, pond)
VI. 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.
Permanent impacts to streams wetlands and pond are limited to the extent feasible to
unimportant intermittent streams and to convert an existing degraded farm pond into a
stormwater facility Impacts to perennial streams have been avoided except for an unavoidable
road crossing Buffers will be retained along the~erennial stream and West Fork. The site plan
was adiusted to avoid impacts to the perennial stream A retaining wall will be constructed to
avoid impacts to the perennial stream Stormwater from the pond will be released into the
floodplain on site This area is expected to convert to a wetland area.
VII. Mitigation
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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 March 9, 2000, 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,
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 NCWRP 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://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. 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.
Impacts have been minimized through the use of retainingt walls and the preservation of
buffers along the perennial streams Impacts to .perennial streams have been limited to an
unavoidable road crossing.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: NA
Amount of stream mitigation requested (linear feet): NA
T...... 7 ,.l !~

Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
VIII. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ^ No X
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 ^
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 ^
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ^ If you answered "yes", provide the following information:
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
(s uare feet) Multiplier Required
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone L extends an
additional 20 feet from the edge of Zone 1.
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X. Stormwater (required by DWQ) Describe impervious acreage (both 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.
A Stormwater Management Plan will be submitted to the NCDENR as required. Approximately
1.80 acres of wet pond surface area will be provided.
XI. Sewage Disposal (required by DWQ)
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.
Municipal System
XII. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No X
Is this an after-the fact permit application?
Yes ^ No X
XIII. 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).
,. ,
S /
~/
3 f~~
`~ Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Waxhaw NC
28173 US
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STON
p r o p e r t i e s
November 8, 2005
Leonard S. Rindner, PWS
3714 Spokeshave Lane
Matthews, NC 28105
Reference: 26.153 Acre Project Site
Cuthbertson Road at Highway 16
Waxhaw, Union County, North Carolina
To Whom it May Concern:
Via email
This letter authorizes Leonard S. Rindner, PWS, as our firm's agent in matters related to
Waters of the U.S. and Waters of North Carolina for the above referenced project site.
This includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
Sincerely,
AS ON PROPERTIES, INC.
L. en
Vice-President
Pre-Construction Services
cc: Nicky Wagoner, Lowe's Home Centers, Inc.
Gene Hinkle, Freeland. and Kaufinan, Inc.

~stnn P~opertias, 4nc.
Fi625 Morrison GivC1., 5~_iitc 30C
Charlotte. P!CLF211
704.366.7337
70~. 365. 315 i=ax

LEONARD S. RINDNER~PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
Date: January 19, 2006
MEMORANDUM
To: Karen Partee -Aston Properties
From: Len Rindner
Re• Preliminary Wetland/Stream Evaluation - Cuthbertson Road Site, Waxhaw, NC
Dear Karen,
The proposed project site was visited at your request in August, 2005, to identify wetlands and
surface waters that are subject to Federal and State regulations. An area is determined to be a
wetland when it exhibits Hydric Soil, Hydrophytic Vegetation, and Wetland Hydrology
characteristics. These characteristics are required to be in accordance with the definitions in the
U.S. Army Corps Wetland Delineation Manual, 1987. Areas that exhibit these three
characteristics are identified as wetlands and permits are required for development activities
within these areas. Surface waters such as perennial and intermittent streams, and certain ponds
are also subject to Section 404 and Section 401 of the Clean Water Act. Isolated wetlands and
streams are subject to State regulations. The approximate extent of the Waters of the U.S. are
depicted on the map are based on an analysis of site characteristics, topographic and soil maps,
and an on-site review. The wetlands and streams determination was verified by the United
States Armv Corps of Engineers (USAGE) on November 10, 2005. In the future the extent
of the wetlands should be delineated and surveyed for certification by the USAGE.
Stream and Wetland Hydrology, Hydric Soil, Hydrophytic Vegetation
The site is within drainage areas of tributaries of West Fork Twelve Mile Creek in the Catawba
River Basin (Water Classification C). The current land-use is active or former pasture and
woodland in succession from agricultural and timbering activities, and other land disturbances.
The riparian areas can be classified as Palustrine Broad Leaved, and dense Scrub Shrub (PFOIA,
PSSlA). The U.S. Army Corps of Engineers (USAGE) has confirmed that the perennial streams
have important aquatic value. Characteristics of the important stream include evidence of
persistent pools; fish, amphibians and macro-invertebrates; evidence of wildlife utilizing the
stream; and rocky, gravelly, and sandy channel substrate. The hydric soil indicators included
gleyed and low chroma conditions, and concretions. The site appears to include Chewacla soils.
These soils are map units, which may have inclusions of hydric soils according to the Natural
Resource Conservation Service, Technical Guide- Section II-A-2, June 1991.

Permitting Issues and Considerations
A permit is not required for work on the property restricted entirely to existing high ground. If
the impacts require an application to the North Carolina Division of Water Quality (NCDWQ),
stormwater treatment will be required as a condition of the permit for all commercial,
institutional, industrial, and multi-family developments. High-density single family developments
may also be required to provide stormwater treatment facilities -notably those over 30%
impervious. For single family residential projects, if the entire project is over 30% you must
address the entire project. If the entire project is less than 30% but there are significant areas of
greater than 30% impervious then the NCDWQ may require that you address those areas.
Summary Commonly Used Nationwide Permits and Conditions
Nationwide Permit #39 (residential and commercial development) and Nationwide Permit #14
(road crossings)
The maximum acreage limits of the Nationwide Permits (and their combination) are
potentially 1/2 acre, if a permit is issued. Most of the Nationwide Permits require
notification to the United States Army Corps of Engineers (USAGE) for activities that
result in the loss of greater than 1/10 acre of Waters of the United States. An application
to the USAGE is required for any stream or surface water impact using Nationwide
Permit #39. The maximum potential impact to important streams is 300 linear feet
with Nationwide Permits. If these thresholds are exceeded an Individual Permit would
be required.
The maximum potential disturbance to Waters of the U.S. is 1/3 acre without an
application to NCDENR, however if impacts to streams are 150 if or more of important
and/or unimportant streams, or 1/10th acre of wetlands or more, an application is
required to the North Carolina Department of Environment and Natural Resources
Division of Water Quality (NCDWQ) using Nationwide Permit #39. An application is
required to the NCDWQ for any stream crossings utilizing Nationwide Permit #14 for
road crossings, or for any combinations of typically used permits. Bottomless culverts
and/or bridges utilized for road crossings may not require a permit if designed per the
conditions of the permits, however they must be enumerated on the applications, if
required. Minimization measures such as plan modifications may be required to reduce
the impacts. With an application to the NCDWQ stormwater treatment facilities will be
required by the NCDWQ as a condition of the~ermit for all proiects including single
residential projects notably those over 30% impervious.
Mitigation is generally required with impacts to perennial and important streams and
wetlands when an application is required. Stream mitigation can include restoring an
approved degraded stream. This generally included meanders, substrate, banks, buffers,
and combinations. Plans must be submitted for approval.
2

If a permit is authorized -there is potential of participating in the North Carolina
Ecosystem Enhancement Program (NCEEP) for wetland and stream restoration to meet
NCDWQ requirements and the USACE requirements. The fee is currently $26,246 for
wetlands and $219 for streams. If the NCEEP is not available, if will. be necessary to
implement stream mitigation specifically for the project. Stream buffers are typically
required to protect the remaining streams on the property as part of the minimization
measures.
Permits must meet standard and general conditions, i.e. endangered species, historic
properties, and other particular conditions. Comments are possible with and application
from USFWS, SHPO (State Historic Preservation Office), North Carolina Wildlife
Resource Commission, and other agencies.
Impacts made in a first phase may impact permitting on future phases if or when the
thresholds are exceeded. Therefore, and overall master plan including an evaluation of
potential future permitting requirements should be conducted. The USACE and the
NCDWQ will evaluate a project cumulatively. Typically the USACE will evaluate the
subdivision as one project. Each individual lot or parcel would not necessarily be a
separate project.
If applicable, the NWP general conditions limit activities in designated critical resource
waters and fills in waters of the United States within 100-year floodplains. All above-
grade fills under most NWP's are prohibited within the FEMA mapped 100-year
floodplain below the headwaters of any stream. Within the headwaters, above-grade fill
is prohibited within the FEMA mapped regulated floodway, and any above grade fill in
the flood fringe must meet FEMA standards.
On a case by case base the USACE may authorize Waters of the U.S. (i.e. unimportant
streams and intermittent only) to be used for stormwater treatment facilities. However,
discharges required to utilize perennial or existing wetlands cannot be authorized
for stormwater facilities with a Nationwide Permit.
Individual Permits
Individual Permits are required for all activities in Waters of the U.S. that do not qualify for a
Nationwide Permit and are reviewed on a case by case basis by the USACE and other agencies,
including NCDWQ, USFWS, NCWRC, and SHPO. As with NWP's a 401 Water Quality
Certification from NCDWQ is a requirement. There is also a Public Notice. By a Memorandum
of Agreement, the EPA and the USACE requires a strict mitigation sequence (no practicable
alternative [avoidance], minimization, and compensatory mitigation be followed for all
Individual Permits. It is generally understood that obtaining an Individual Permit may be difficult
and time consuming. Establishing that there are no practicable alternatives is the most important
part and most difficult in the evaluation process. The USACE and other agencies may ask for
additional information regarding comments. It is generally understood that Individual Permits
have long processing periods. Individual Permit applications that are not withdrawn are
3

eventually approved, however over 90% of the applications are modified (some substantially) in
the process or include additional avoidance, minimization, and mitigation conditions.
Recommendations
A variety of planning and permitting options should also be studied to utilize the current
Nationwide Permits effectively. Avoidance and minimization of impacts to streams can reduce
the regulatory process significantly. This can be achieved by incorporating the streams and
wetlands into the common open space and limiting stream impacts to stream crossings. An
analysis of stormwater management requirements should be conducted to fully understand the
constraints on land use, if applicable.
Draining a pond by breaching a dam does not require a wetlands permit from the USACE of the
NCDENR DWQ, however a local Land Quality and Sedimentation and Erosion Control Permit
may be required. Before draining a pond it is important to study the regulatory implications first.
Since the thresholds for permitting vary between wetlands, streams, and ponds it is important to
study which regulatory scenario is best suited to this project. For example, draining a pond may
allow for wetlands and streams to form on the pond bottom which has lower application
thresholds than open waters.
In addition to the Federal and State regulations, it is highly recommended that the proiect
planners confirm the aresence of local stream buffer requirements and stormwater
reauirements accordin~to local ordinances.
Please let me know if you have any questions or require further explanation. Thank you.
Sincerely,
Leonard S. Rindner, PWS
Professional Wetland Scientist
Environmental Planning Consultant
Cc: Ms. L. Karen Partee
Director of Construction Administration
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC 28211
4

LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
Date: January 19, 2006
MEMORANDUM
To: Karen Partee -Aston Properties
From: Len Rindner
Re• Preliminary Wetland/Stream Evaluation - Cuthbertson Road Site, Waxhaw, NC
Dear Karen,
Based on a review of the proposed site a Preconstruction Notification Application to
impact Waters of the United States and the State of North Carolina will be required to the
United States Army Corps of Engineers (USAGE) and the North Carolina Department of
Environment and Natural Resources (NCDENR).
As a result of this application, mitigation and a Stormwater Management Plan for the
project will be required as a condition of the approved 401 Water Quality Certification
from NCDENR. The stormwater management plan must be designed in accordance with
NCDENR Stormwater Management Practices Manual, April 1999, as required in the
conditions of the 401 Water Quality Certification. The final plan must be approved by
NCDENR prior to any impacts to streams and/or wetlands.
Please let me know if you have any questions or require further explanation.
Thank you.
Leonard S. Rindner, PWS
Professional Wetland Scientist
Environmental Planning Consultant

~ABITAT
ASSESSMEI~IT AIVD
F'~ESTORATION
4
September I8, 2005
Karen Partee
Astan Properties
6525 Nlarrisan Blvd.
Suite 300
Charlotte, NC 28211
Cc: Len Rindner
Re: Property located at Hwy 16 and Cuthbertson Road.
Dear Karen:
JiM MATTNEWS, Ph.D.
T. LAWRENGE MELLiCHAMP, Ph.D.
P.O. Box 655
Newell, NC 28126
Office: 704-841-2841
Fax: [phone]
Cell: 704-577-6717
email: harp@ailtel.t~et
www. habitatassessment. cc~m
As per your request I have explored the property Located at Hwy I6 and Cuthbertson
Road, in Waxhaw NC. The scope of my duty was to look at the site to determine if the
Federally Endangered species Schweinitz's Sunflawer (Helianthus schweinitzii) occurred
an the property. Adl areas of the property that provide potential habitat for the
sunflowers, including roadsides, fenccrows, open fields and disturbed wooded areas were
looked at and na sunflowers were found.
Please feel free to contact me if you need. anything else.
Respectfully submitted,
~~ ~
i u ~~-`"
1 ~
Lisa R. Gaffney
Biologist
Habitat Assessment and Restoration Program, Inc. (HARP}
P.G. 13ax 655
Newe11, NC 28126
704-975-0880
Ir aff(~r-?carolina.rr.com
~__~_,
HAL3ITF~"f' ANAI..YS(S • ENDAN~~F_RED PI__AN I STUDIES • FZF..:STORATEON C7F HABITATS • VVETLRND (~~t~f'IGATiON ^ N101`d(TC7RfNC;

Permit No.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(to be provided by DWQ~
STORMWATER MANAGEMENT PERMIT APPLICATION PORM
WET DETENTION BASIN SUPPLEMENT
This form maybe photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stonmwater management plan subnuttal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: y1~.rh, p~py ~-+~-.y~.. `~-i~-VC.ti~~7^'`K"~~
Contact Person: ~l.~3t.. I~+~~k..1C. Phone Number: ~' ~+~' ''
For projects with multiple basins, specify which basin this worksheet applies to: _,, t} ~~~
elevations
Basin Bottom Elevation ~ 4 •a~ ft.
Permanent Pool Elevation ~_ ft.
Temporary Pool Elevation ~ ~ ft.
(door of the basin}
(elevation of the orif ce}
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area_~.~, 03~ sq. ft. (water surface area at the orifice elevation}
Drainage Area 3~ • ac. (on-site and o,~f--site drainage to the basin}
Impervious Area ac. (on-site and o~site drainage to the basin}
volumes
Permanent Pool Volume ~(dZ,~ cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume ~ cu. ft. (volume detained above the permanent pool)
Porebay Volume ~"j, aq~____ cu. ft. (approximately 20% of total volume)
~'ther parameters
d
SA/DA1 ~ • ~~ ~C (surface area to drainage area ratio from DWQ table)
Diameter of Orifice "' •~ in. (2 to S day temporary pool draw-down required)
Design Rainfall ~_ in.
Design TSS Removal 2 ~ 3 % (minimum 85% required)
Form SWU-l02 Rev 3.99 Page 1 of 4

Footnotes:
1 When usnng the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standardtable entries.
2 In the 20 coastal counties, the requirement far a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both $S% TSS removal and 90%TSS removal.
II. REQUIItED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 1S A NCAC 2H .1008.
Initial in the space provided to indicate the fallowing design requirements have been met and supporiiug
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Farm, the agent may initial below. If a requirement has not been met, attach justification.
Appli~aCnts `Initials
~~ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
S ~ b. The forebay volume is approximately equal to 20% of the basin volume.
~.~/ LJ c. The temporary pool controls runoff from the design storm event.
CS ~ d. The temporary pool draws down in 2 to 5 days.
~'~ 4.~ e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
~.4a t~3
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~ _
-~~
Cl G•~
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calculations)
f. The basin length to width ratio is greater than 3:1.
g. The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 ar less (show detail).
i. Vegetative cover above the permanent goal elevation is specified
A trash rack or similar device is provided far both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
af--way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin far maintenance or an emergency.
III. WET DETEi3TI0i~t BASIL ©PERATION A1~TD M.c~INTENANCE AGREEMEI~IT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) does 4 does not incorporate a vegetated filter at the outlet.
This system (check one} 0 does does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least montlily:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed_
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, maw vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 7S% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads ~ "~ feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads ~ .~ feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation ~+~ "~
O
Sediment Re oval El. t~" ~ 75 °
_______..______ __ Sediment Removal Elevation ~+~'~ 7S%
Bottom Ele anon 14"C? % ---"-------- ---------------------- ------
Bottom Elevation ~?~4"'Q 25% f
FOI2EBAY
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50°/a of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Foam SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsble for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
//
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, ~ c, ~. r~. u ,._.~ `~ .~ Q.- ~~ c v u ~ e.- , a Notary Public for the State of / V o f i- ~, ~ ~ r ~~; ~ ~ ,
County of /`'~ e ~,~~ ~ ~ ~u r a , do hereby certify that ~-< e.- v~ f'M . `-- M ~ ~-,
persanaUy appeared before me this ~~ day of ~ e ~ /~ C and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
SEAL
My commission expires ~ I J ~~~
Form SWU-102 Rev 3.99 Page 4 of 4
Print name: ~F~/i,J ~C ~~~
Title: 5 ~ ~ . c, ~ V (~

"~E~LAN7 and KAUFFMAN, iNC. _ ~ . ,
YGlNEERS ~ L9NUSG4PEARCHITECFS -
~9 West Stone Avenue ~ t-
eenville, South carotins 29609 JOb~e(~G~S - 1/~ Job No. Date
ephone 864233-5497
s 864233-8915 ~ ~~~ ~ Computed 13v
Checked By Date

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K',~I:at~D and KAClF~NlAN, INC.
6INFPRS •• LANDSG4PE'ARCNlTEGTS -
3 West Stone Avenue
envi11e,5outhCarotina29609 JOb "~•"' ' """Job No. Date
:phone [phone] ~/~`°~°~~°~`~*+,~ Computed lay y~ "~
8C4-233-8945 < ~~~~~~1 ~~ V !~~ 17~
// Checked By Date
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Permit No.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(to be provided by DWQ~
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form maybe photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement far each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: ~:.k. d~.
Contact Person: Phone Number: ~~~~~p
For projects with multiple basins, specify which basin this worksheet applies to: ~Sfi~ +~
elevations
Basin Bottom Elevation _~„ , b ft.
Permanent Pool Elevation ~ ft.
Temporary Pool Elevation r,9 '} 3 •~' ~ ft.
areas
Permanent Pool Surface Area ~ sq. ft.
Drainage Area T~Q~ ac.
Impervious Area • Z ac.
volumes
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure over, flow)
(water sur, face area at the ar~ce elevation)
(on-site and off-site drainage to the basin)
(on-site and off-site drainage to the basin}
Permanent Pool Volume ~~- cu. ft. (combined volume of main basin and forebaY)
'£emporary Pool Volume ~ ~ cu. ft. (volume detained above the permanent pool)
Forebay Volume ~~ cu. ft. (approximately 20% of total volume)
Other parameters
SA/DAl
Diameter of Orifice
Design Rainfall
Design TSS Removal z
_ ZQ ~ ~ in.
in.
(surface area to drainage area ratio from DWQ table)
(2 to S day temporary pool draw-down required)
(minimum 85% required)
Form SWU-102 Rev 3.99 Pale 1 of 4

Footnotes:
When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
In the 20 coastal counties, the requirement for a vegetative filter maybe waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90% TS5 removal.
II. .REQUIRED ITEMS CHECKLIST
The fallowing checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999} and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Appl~~Initials
f 3 feet)
i
i
i
d
a. .
mum o
n
m
re
The permanent pool depth is between 3 and 6 feet (requ
~.'$~ b. The forebay volume is approximately equal to 20% of the basin volume.
~3'i"~ c. The temporary pool controls runoff from the design storm event.
c-'Sh~ d. The temporary pool draws down in 2 to 5 days.
• ~~ • e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flaw
calculations)
x,54, £ The basin length to width ratio is greater than 3:1.
c-~1 g. The basin side slopes above the permanent pool are no steeper than 3:1.
__,_~~__ h. A submerged and vegetated perimeter shelf with a slope of 6:I or less (show detail).
(„' SIn~ i. Vegetative cover above the permanent pool elevation is specified.
C,S.~ j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided far each basin including access to nearest right-
of-way.
C.St~1 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
C~ m. A mechanism is specified which will drain the basin for maintenance or an emergency,
III. WET DETENTION BASIN OPERATION AND 1V1A.INTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one} 0 does .does not incorporate a vegetated filter at the outlet.
This system (check one} 0 does does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any abstractions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch. basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin nr stream, etc.}.
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads a •~"~ feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads +~ "~ feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
old in the blanks)
~ Permanent Pool Elevation ~~~
Sediment Re oval EI. ~ 7~r ~S 75 0 ~ ~• ~ ~ 75%
______________ _ Sediment RemovalEievation
Bottom Ele tion~(~ % -------`-"--- ----'-~--~ ---,~••-~~----- -
Bottom Elevation /~ • V 25%
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. if the basin must be drained for an emergency or to perform maintenance, th.e flushing of sediment through
the emergency drain. shall be minimized to the maximum extent practical.
Form SVJLT-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I
I, ~~,~ ~. ~, L ~ , ~ ~ t" e ~ ~ ~ -~... , a Notary Public for the State of ~t~ ~ 1- (, ~a ~-t O~ r, e ,
County of -~ e ~y~ ~e ~~~~ ~_~_ q__~, do hereby certify that ~~ ~ v ,~ ~~ • ~~
-~J
personally appeared before me this ~ ~' ~' day of •-.~e ~ ~.,,~ ,~ e J- , =~, and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
SERI.
My commission expires ~~ (/~~ ~
Form SWU-l02 Rev 3.99 Page 4 of 4
Print name: «EJi~ FG.~//U•.J
Title: 'S~e.•t ~o,~ /10

.'~.EEI.AND and KAUFFMAN, INS.
V~iINEEKS ~ LANDSCAPE ARCHITECTS r
~9 West Stone Avenue ~~ ~. ~ ~ J ~~. ` '
eenville, South Carolina 29609 Job ~~//~~++ ~+L~+' ~~
ePhone 864-233-w497
~ b64.233-8915
A
Job No. Date
Computed By ~~
Checked By
Date
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