20061122 Ver 2_401 Application_20090809

°, !-! ?t1 0LP - as UX
AUG 0 4 2009 Moody Lake
„ S? QTY
64" Office Park $PAID
Charlotte, Mecklenburg County ..
North Carolina
Joint Application Form and Supporting Documentation, for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS and NCDENR
Prepared For
Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
Prepared BY:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE
June 25, 2006
Resubmitted - August 2, 2009
Page 1 of 9
7

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: N Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39- Re-issue or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? 2 0 0 6 - 4 0 0 61- 3 6 0 Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification - Regular 0 6 -112 2 ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ
401 Certification:
? Yes N No For the record only for Corps Permit:

? Yes N No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program. Mitigation receipt attached.
N Yes ? No
Previously Paid
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes N No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No
2. Project Information
2a. Name of project: Moody Lake Business Park
2b. County: Mecklenburg
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: AUG 4 20
2e. NCDOT only, T.I.P. or state project no: & R-WA1ER tWZ2
3. Owner Information A*&jV FI
3a. Name(s) on Recorded Deed: Dev.Ltd.Partnership-Moody Lake Off. Pk/Moody Lake Off. Pk. Dev. LP
3b. Deed Book and Page No. 10257-968
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 3800 ARCO Corporate Drive
3e. City, state, zip: Charlotte, NC 28273
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form - Version 1.4 January 2009

w
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: Mr. Barry James
4c. Business name
(if applicable): American Asset Corporation
4d. Street address: 3800 Arco Corporate Drive
4e. City, state, zip: Charlotte, NC 28273
4f. Telephone no.: 704 295 4005
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Leonard S. Rindner
5b. Business name
(if applicable): Leonard S. Rindner, PLLC
5c. Street address: 3714 Spokeshave Lane
5d. City, state, zip: Matthews, NC 28105
5e. Telephone no.: 704 904 2277
5f. Fax no.: 704 847 0185 (prefer use email)
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 120145115;20145105
1 b. Site coordinates (in decimal degrees): Latitude: 35 .5 9 6 9 N Longitude: 8 0. 818 2 W
1 c. Property size: 92.587 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: UT of Coffey Creek
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Undeveloped disturbed areas associated with highway construction; Interstate Highway; existing Moody Lake; woodland in mid-succession.
3b. List the total estimated acreage of all existing wetlands on the property: 8.32
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,950
3d. Explain the purpose of the proposed project:
Proposed Office Park Development; related facilities associated with interstate development such as hotels, service station.
3e. Describe the overall project in detail, including the type of equipment to be used:
Road crossings to access upland areas and site preparation
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all riot phases) in the past? ?X Yes ? No ? Unknown

Comments: SAW - 2006 -40061 -361
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Amanda Jones
[] Preliminary Q Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Leonard S. Rindner Agency/Consultant Company:
Other: Leonard S. Rindner, PLLC
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
See attached SAW 2006 40061 - 360
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? X? Yes No
? ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Project obtained Nationwide Permit Verification 9/11/06 - see attached SAW 2006-40061-360 and NCDENR DWQ 06-1122 on July 25, 2006.
6. Future Project Plans
6a. Is this a phased project? ? Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
?X Wetlands © Streams - tributaries ? Buffers ?X Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T 2b.
Type of impact 2c.
Type of wetland 2d.
Forested 2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other) 2f.
Area of
impact
(acres)
W1 P Fill Headwater Wetland Yes Corps 0.24
W2 P Culvert Headwater Wetland No Corps 0.03
W3 Choose one Choose one Yes/No -
W4 Choose one Choose one Yes/No
W5 Choose one Choose one Yes/No
W6 Choose one Choose one Yes/No
2g. Total Wetland Impacts: 0.27
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T) 3b.
Type of impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent (INT)? 3e.
Type of
jurisdiction 3f.
Average
stream
width
(feet) 3g.
Impact
length
(linear
feet)
S1 P Culvert UT of Coffey Creek PER Corps 5 160
S2 Choose one
S3 - Choose one
S4 Choose one
S5 - Choose one
S6 Choose one
3h. Total stream and tributary impacts 160
3i. Comments:
Page 4 of 10
PCN Form - Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody
type 4e.

Area of impact (acres)
01 P Moody Lake Causeway Pond 0.2
02 Choose one Choose
03 - Choose one Choose
04 Choose one Choose
4f. Total open water impacts
-
-
- 0.2
o
se
ff impac s are the same as previously perms e - see attached ocumen a ion
4g. Comments: he prop
5. Pond or Lake Construction Moody Lake is existing
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID number 5b.
Proposed use or
purpose of pond 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes Q No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T 6c.
Reason for impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1
impact
(square
feet 6g.
Zone 2
impact
(square
feet
131 - Yes/No
B2 Yes/No
B3 Yes/No
B4 Yes/No
B5 Yes/No
B6 Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Permanent impacts are limited to road crossings to access development parcels. The remaining streams, wetlands, and open waters are within
common open space.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Project will be subject to strict enforcement of sedimentation and erosion control regulations by the City of Charlotte; barricades will be erected to
prevent inadvertent impacts; Road alignments were adjusted to the extent feasible to cross these features as perpendicular as possible. Headwalls are
utilized to reduce impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? © Yes ? No
Payment was made - see attached recei
2b. If yes, mitigation is required by (check all that apply): ?X DWQ ?x Corps

2c. If yes, which mitigation option will be used for this
project?
Payment has been made - see Receip ? Mitigation bank
?X Payment to in-lieu fee program

t ? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:

3b. Credits Purchased (attach receipt and letter) Type: Choose one
Type: Choose one
Type: Choose one Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Makin a Payment to In-lieu Fee Program Payment has been made - see receipt
4a. Approval letter from in-lieu fee program is attached. © Yes
4b. Stream mitigation requested: 237 linear feet
4c. If using stream mitigation, stream temperature: warm
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 0.45 acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: Mitigation Payment was paid - see receipt from NCEEP 3/12/07
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? E] Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ? Yes ? No
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
2. Stormwater Management Plan NCDENR APPROVAL HAS BEEN RECEIVED -1/17/08 06-1122
2a . What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? Approved 1/17/0 8 []X Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan? NCDENR/City of Charlotte
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?

3b.
Which of the following locally-implemented stormwater management programs
apply (check all that apply): ?X Phase II
? NSW
? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? ©Yes ? No
4. DWQ Stormwater Program Review

4a.

Which of the following state-implemented stormwater management programs apply
(check all that apply): []Coastal counties
?HQW
?ORW
[]Session Law 2006-246
[]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ?X Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ?X No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ?Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ?X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ?Yes ?X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes Z No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Project is associated with existing roadway and infra-structure development; development in the City of Charlotte is subject to the NPDES Phase 2
stormwater and development requirements in the Post Construction Control Ordinance.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Municipal System - CMUD
Municipal
Page 9 of 10
PCN Form - Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Q Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes Q No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Site was evaluated during the wetland delineation process for the presence of Schweinitz's Sunflower. Ecotonal edges along roads and clearings
were inspected to determine if Schweinitz's sunflower was present. Based on a field evaluation Schweinitz's sunflower is not present.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://www.nmfs.noaa.gov/habitat/habitatprotection/efh/G IS_inven. htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ?X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
According to the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties
listed as being eligible for inclusion therein, this site is not registered property or property listed as being eligible for inclusion in the Register.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ?X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Mecklenburg County GIS (Polaris); information provided by project engineer - Burton Engineering
Leonard S. Rindner 08-02-2009
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
gent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
91
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
June 3, 2006
Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
RE: Moody Lake Business Park, Charlotte, Mecklenburg County, NC
Dear Barry:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
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 referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
Name Date
Please contact me if you have any questions or require additional explanation. Thank
you.
Environmental Planning Consultant
Profession Wetland Scientist
-IF stem
'!11 '.I ' -'1('l
PROGRAM
RECEIPT
March 12, 2007
Barry James
American Asset Corporation
3700 Arco Corporate Drive, Suite 350
Charlotte, NC 28273
Project: Moody Lake Business Park
County: Mecklenburg
DWQ No: 06-1122
USACE ID: 2006-40061-360
EEP No: ELF-200641546
Amount Paid: $68,907.50
Check Number : 20034
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetland Credits Buffer I & Il
CU (linear feet) (acres) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Catawba 0 0 237 0.45 0 0 0
03050103
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Alan Johnson, DWQ-Mooresville
Len Rindner, agent
File
4
William . Gilmore, PE
Director
Restoruu?... ...'Pro" Our Stag
R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715.4476 / www.nceep.net
W ATE Michael F. Nasley, Gnvernot
William G. Ross Jr., Secretary
6 t g North Carolina Department of Environment and Natural Resources
1.17 Coleen 11. Sullins, Director
Division of Water Quality
January 17, 2008
DWQ Project # 06-1122
Mecklenburg County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
American Asset Corporation
Attn: Barry James
3700 Arco Corporate Drive, Ste 350
Charlotte, NC 28273
Subject Property: Moody Lake Office Park at Whitehall
UT to Coffey Creek [030834, 11-1374, C]
REQUEST FOR MORE INFORMATION: STORMWATF,R MANAGEMFNT PLAN
Dear Mr. James:
On July 25, 2006, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification to
impact to fill 0.29 acre of wetland and 160 linear feet of an unnamed tributary to Coffey Creek in order to
construct the Moody Lake Office Park in Mecklenburg County as described in your application received
by the DWQ on July 10, 2006.
In order to meet Condition 6 of the 401 Certification for this project, a stormwater management plan was
received by the DWQ on July 12, 2007. A revised stormwater management plan, dated December 4,
2007, was received by the DWQ on December 19, 2007. This revised stormwater management plan has
been reviewed and satisfies the stormwater management conditions of the 401 Water Quality
Certification.
The structural stormwater practices as approved by DWQ as well as drainage patterns must be maintained
in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the DWQ. Stormwater easements shall be recorded for a distance of at least 10 feet on
each side of all storm water conveyances on all lots containing these structures including future access for
maintenance. The stormwater casements shall allow for the ability to maintain the structures, perform
corrective actions as described above and shall provide protection of the structures from potential
alternations by future property owners.
This letter completes the review of the DWQ under Section 401 of the Clean Water Act. If you have any
questions, please contact me at 919-715-3425.
Sincerely,
?V1Y'?4.? ? ?S
Annette Lucas, Environmental Engineer III
401 Oversight/Express Review Permitting Unit
4111 C???r?i?rhuE?1vre?? Pxview Permitting iinit
140511 maill her+Vi e Venter, l4ilelgh, North Carolina 2709-1650
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID, SAW-2006-40061-360 County: Mecklenburg USGS Quad: Charlotte West
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: American Asset Corporation, Att'n: Barrv James
Address: 3800 Arco Corporate Drive, Suite 200
Charlotte, North Carolina 28273
Telephone No.:
Size and location of property (water body, road name/nUmber, town, etc,): Moody Lake Office Park
located on 92.587 acre tract located on the north side of I-485 near its intersection with Arrowood
Road; in Charlotte
Description of projects area and activity: Impact 160 LF of an unnamed tributary to Coffey Creek,
0.29 acre of wetlands, and 0.20 acre of open water (lake) for the purpose of constructing road
crossings to provide access for the above referenced development.
MITIGATION:
In order to compensate for impacts to 160 linear feet of stream and 0.45 acre of wetlands and open
water, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in the amount determined by the NCEEP sufficient to perform the restoration of 160
linear feet of warin water stream and 0.45 acre of wetlands in the Catawba River Basin, Cataloging
knit 03050103. Construction within jurisdictional areas on the property shall begin only after the
permittee has made full payment to the NCEEP and provided a copv of the payment
documentation to the Corps that it agrees to accent responsibility for the mitigation work required,
in compliance with the MOU between the NCDENR and the Corps of Engineers Wilmington
District, dated November 4,1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number;
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the N`WP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, ifvou
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the iv'WP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pennittee of the responsibility to obtain any other
required Federal, State or local approvalslpermi s.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory= program, please contact Amanda Jones at 828-271-7980 x224.
Corps Regulatory Official Amanda Jones Date: September 11, 2006
Expiration Date of Verification: March 18, 2007
Cope Furnished:
Mr. Leonard S. Rindner
Permit Number: SAW-2006-40061-360
Permit Type: NW39
Name of County: Mecklenburg
Name of Permittee: American Asset Corporation, Att'n: Barry James
Date of Issuance: September 11, 2006
Project Manager: Amanda Jones
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date
O?Of W A ??RQG
o ?
Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
Subject: Moody Lake Office Park
Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department or Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 25, 2006
DWQ# 06-1122
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. James:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.29
acre of wetland and impact 160 linear feet (If) of an unnamed tributary to Coffey Creek in order to construct the
Moody Lake Office Park in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on July 10, 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. 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.
4. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to the streams and wetland. 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:
one
Nt
Carolina
)WIMr!!U
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet ncwaterquality.org PAX [phone] 1-877-623-6748
An Equal opportunitylAlrrrrofive Action Employer- 50% Recycled/10% Post Consumer Paper
DENR - Ecosystem Enhancement Program), the impacts shall not 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 0.29 acre of wetland and impact to 160 linear feet of perennial streams in the Catawba
River Basin (Cataloging Unit 03050103). Mitigation is required for 0.29 acre of wetland and 237 linear feet of
stream. Please be aware that the EEP rules require rounding of stream impacts to the nearest foot and
wetland impacts to the nearest quarter acre (15A NCAC 2R .0503(b)).
5. 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.
6. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
7. For those areas not draining to Moody Lake, a final written stoma 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.
8. 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.
9. 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.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the 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.
11. Continuing Compliance. The applicant (American Asset Corporation) 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(4) of the Clean Water Act) and any other appropriate requirements of state and federal law. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a designated
or achieved use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.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,
12?1??
forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Len Rindner
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Paul Christiano
Project Engineer
Dames and Moore - N.C.
5301 77 Center Drive
Suite 44
Charlotte, N.C. 28217
Dear Mr, Christiano:
Re: Whitehall Development
DEM # 94604
Mecklenburg County
February 8, 1995
EE8 13 1995
i?u?CT
- -IC
The stormwater measures outlined in your 3 February 1995 letter are acceptable to the
Division of Environmental Management in order to comply with our 401 Water Quality
Certification issued on 15 September 1994. All other conditions of that Certification are still
applicable.
Thank you for your efforts to work with DEM to develop a viable stormwater plan to
protect water quality from impacts associated with this development. Please call Mr. John
Dorney of my staff at 919-733-1786 if you have any questions.
Sincerely,
92604.mit
cc: Mooresville DEM Regional Office
Central Files
Asheville Field Office COE
Len Rindner
sHoward, Jr. .E.
1••
[D FE F1
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Moody Lake
Office Park
Charlotte, Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS and NCDENR
Prepared For
Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE
June 25, 2006

"--- i _rn
'Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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
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: See attached
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
Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
Telephone Number: 704 295-4005 Fax Number:
E-mail Address:
1. 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: 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: lrindnera
,carolina.rr.com
III. Project Information
n-?? -en
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 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: Moody Lake Office Park
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg County Nearest Town: Charlotte
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): 35.59690N, 80.81820W (WGS84/NAD83)
USGS Mooresville (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): + 92.587 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Coffey 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 hLp://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, existing Moody Lake.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed office development.
11. Explain the purpose of the proposed work:

Road crossing to access upland areas and site preparation.
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.
Preliminary wetland and stream evaluation and delineation was conducted in conjunction with
project planning. Modifications were made to the initial concepts to minimize impacts to
jurisdictional streams and wetlands. Based on a meeting with the USACE on FebruM 1, 2006
the development can be considered a separate and complete project for Nationwide Permitting.
Moody Lake was approved as a stormwater management by the NCDENR in 1995 - DEM
#94604 for the overall Whitehall Development.
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. Impacts to streams are limited to road crossings to allow
access to development parcel. The remaining wetlands and streams and are within common open
space.
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
are limited to road crossings to prepare development areas.
n.,__ A „Cn
2. Individually list wetland impacts below:
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
(linear feet)
Type of Wetland***
2 NWP #39 0.24 no +/- 2001f PSS1A/PEM1C
1 NWP #39 0.05 no +/- <501f PSS1A/PEM1C

* List each impact separately and identify temporary impacts. 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 flooding.
** 100-Year 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 hM2://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 USACE only).
List the total acreage (estimated) of all existing wetlands on the property: +/- 0.29 acre
Total area of wetland impact proposed: 8.32 acres (including Moody Lake)
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 Impact Perennial or
Intermittent?
( leasespecify)
1 NWP 39 160' UT of Coffey Creek 5' Perennial

* 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 are available through the USGS at 1-800-358-9616, or online at
www.usgs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1601f
Sewer lines will be constructed in accordance with NVWP #12 and GC 3374
n--- c -CA
3. 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,
bay, ocean, etc.)
#2 Road Crossing NWP #39 0.20 Moody Lake Pond

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.):
Size of watershed draining to pond: Expected pond surface area:
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 road crossings to access
development parcels and for site development Road alignments was adjusted to the extent
feasible to cross these features as perpendicular as feasible The remaining streams and wetlands
are within common open space. Headwalls are utilized to reduce impacts
VII. 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.
n...... c -r c%
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 headwalls and modification of the road
alignment to avoid and minimize impacts to the extent feasible The remaining pond streams
and wetlands are within common open space
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/wM/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): 160 linear feet X $219 = $35,040
Amount of Riparian wetland mitigation requested (acres): 0.24 acres (wetlands @a 1:5
0.24 X 2.5 = .48 acres pond 0.5 •1 = 0.20 X 0.5 = 10 acres Subtotal Total 0.58
acres to be rounded up to next quarter acre
Total Mitigation Required =.75 acres (NCEEP approval45 na 2.1 =.90 acres)
.75 Acres @ $ 26.246 = $ 19,685 Overall Total = $ 54,725
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
71...... '7 -VA
VIII. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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* (s uImpct are feet) Multiplier
Required
Mitigation
l 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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. The plan will
utilize Moody Lake as approved where applicable by the NCDENR on February 8, 1995 (DEM
#94604). Stormwater treatment facilities, such as wet ponds will be utilized in areas that do not
drain directly to Moody Lake or Johnston Lake. The pond design was submitted to NCDENR on
11/10/97. Areas that drain into Moody Lake will discharge into forebas.
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 SIScies, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature 47 Dafe
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

06-13-' fd6 15:34 rHC)Cl-ll1rNt{ IrlrY yly't15LfOb1 t-?Gl rmc u-?c?
r '1%
tem
C
PROGRAM
June 13, 2006
Leonard S. Ridner
Portrait Homes - Charlotte
3714 Spokesharo Lane
Matthews, NC 28105
Project: Moody Lake, Business Park
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP 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 win expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC FEED. Once NC EEP 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. Pt.) (Sq. PL)
Riparian Non- arian Coastal Marsh Cold Cool Warm
Catawba 0.45 0 0 0 0 175 0 0
0305103 -1 1
Upon receipt of payment, REP 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 Chris Mankoff at [phone].
incerely,
riLD Gilmore, PE
Director
cc: Cyndi Karoly. Wedands/401 Unit
Amanda .tones, USACE Asheville Field Office
Alan Johnson, DWQ Mooresville Regional Office
File
Restorrt?,.. ... Prolh:c'? Ocu? ltat?

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
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risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use.
Page 1 of 1
http://www.mapquest.comlmapslprint.adp?mapdata=UAmOU3b9NY2A3 dSkhAOzbeHifOO l zgoZpXF98... 6/25/2006
MOODY LAKE
35.15380N, 80.9412°W (WGS84/NAD83) APPROXIMATE SITE
USGS Charlotte West Quad
LOCATION
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MOODY LAKE
35.15380N, 80.9412°W (WGS84/NAD83) APPROXIMATE SITE
USGS Charlotte West Quad
LOC ATION
6

6 •
NOTES: APPROXIMATE GPS LOCATIONS:
• STREAM "ZT" HAS BEEN SUBJECTED TO BEAVER ACTIVITY. PT18 N35 09.179 W80 56512 MOODY LAKE
DAMS LOCATED AT POINTS ZT7, ZT 8 & ZT10. QTI N35 09.149 W80 56.730
RTI N35 09.149 W80 56.727
* STREAM "QT" REQUIRES SURVEYOR TO LOCATE C/L & TYPICAL TTI N35 09.087 W80 56.656 WETLAND AND
WIDTH BETWEEN POINTS QT I (FENCE) AND QT 3. VT24 N35 09.102 W80 56392 STREAM

* SURVEYOR TO LOCATE EDGE OF WATER FOR MOODY LAKE. WTI
WT(UP) 1 N35 09215 W80 56.456
N35 09.184 W80 56.455 DELINEATION
XTI N35 09117 W80 56381
* SURVEYOR TO APPROXIMATE EDGE OF WATER THROUGH YT144 N35 09.258 W80 56.604 1-9-06
0m • wm-i nr, I n T ca • m rw ,, nn • --Q r v "l v vr?wro -1 I-c M x,01 JUDik ec cnc
6 . s
WT 1.38 & WT(UP) 1 -12: UPLAND AREA
XT1-15
VT 1-66
PT 1-18
NOTES:
" STREAM "ZT^ HAS BEEN SUBJECTED TO BEAVER ACTIVITY.
DAMS LOCATED AT POINTS ZT7, ZT 8 & ZT10.
* STREAM "QT" REQUIRES SURVEYOR TO LOCATE CIL & TYPICAL
WIDTH BETWEEN POINTS QT I (FENCE) AND QT 3.
* SURVEYOR TO LOCATE EDGE OF WATER FOR MOODY LAKE.
* SURVEYOR TO APPROXIMATE EDGE OF WATER THROUGH
cm wm[>,Tn nr, n mnccc • r \w,•rrnr. ncc L\r. nL\r vnnwro
APPROXIMATE GPS LOCATIONS:
PT18 N35 09.179 W80 56.512 MOODY LAKE
QT1 N35 09.149 W80 56.730
RT1 N35 09.149 W80 56.727
TT1 N35 09.087 W80 56.656 WETLAND AND
VT24 N35 09.202 W80 56392 STREAM
WTI N35 09115 W80 56A56 DELINEATION
WT(UP) 1 N35 09.184 W80 56.455
XT1 N35 09217 W80 56381
YT1-44 N35 09.258 W80 56.604 1-9-06
7Tl -i7 M X101 \[IOn GL LnL
NOTES:
* STREAM "ZT" HAS BEEN SUBJECTED TO BEAVER ACTIVITY.
DAMS LOCATED AT POINTS ZT7, ZT 8 & ZT10.
` STREAM "QT" REQUIRES SURVEYOR TO LOCATE C/L & TYPICAL
WIDTH BETWEEN POINTS QT 1(FENCE) AND QT 3.
* SURVEYOR TO LOCATE EDGE OF WATER FOR MOODY LAKE.
* SURVEYOR TO APPROXIMATE EDGE OF WATER THROUGH
0m 4 XMMTl "l • 11 Tn TTC ? m TwTRT, T, ? /'ACC - "/ T %7nl XTQ
APPROXIMATE GPS LOCATIONS:
PT18 N35 09.179 W80 56512
QT1 N35 09.149 W80 56.730
RTI N35 09.149 W80 56.727
TTl N35 09.087 W80 56.656
VT24 N35 09.202 W80 56392
WTI N35 09.215 W80 56.456
WT(UP) 1 N35 09.184 W80 56.455
XTI N35 09.217 W80 56381
VT1-44
? l N35 09.258 W80 56.604
XT'TC M ? 01 "100 CL zae
MOODY LAKE
WETLAND AND
STREAM
DELINEATION
1-9-06
?b etrlda,burg County, NC POLARIS
Page 1 of 1
Mecklenburg County, North Carolina
POLARIS
Property Ownership Land Records Information System
Date Printed: Sun Jun 25 10:05:45 EDT 2006
?.. v
1? ,i III
4, r
Jam= I let-..
This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information
contained herein.
http://maps2.co.mecklenburg.nc.us/servlet/com.esri.esrimap.Esrimap?ServiceName=RealEstate&ClientV... 6/25/2006