20051948 Ver 1_Complete File_20051021 (2)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Mathew L. Minton
Lowe's Home Center, Inc
P.O. Box 1111
North Wilkesboro, NC.28656
Subject Property: Lowe's of North Concord Warehouse
APPROVAL OF STORMWATER MANAGEMENT PLAN
Dear Mr. Minton:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1948
Cabarrus County
On February 10, 2006, the Division of Water Quality (DWQ) received the revised storm water
management plan prepared by your engineer, Mr. Craig S. Winnall, of Freeland and Kauffman Inc. This
Plan has been reviewed and satisfies the storm water management conditions of the 401 Water Quality
Certification issued on December 5, 2005.
The structural storm water practices as approved by DWQ as well as drainage patterns must be
maintained in perpetuity. No changes to the structural storm water practices shall be made without
written authorization from the Division of Water Quality. Storm water 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 storm water easements 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 Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Samuel A. Aghimien at 919-733-3574.
Sincerely,
CBK/Saa
February 15, 2006
Cyndi B. Karoly
DWQ, 401 Oversight/Express Permitting Unit
cc: DWQ Raleigh Regional Office
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files
Craig S. Winnall RE, Freeland and Kauffman Inc, 209 West Stone Ave, Greenville, SC. 29609
Filename: 05-1948 Lowe of Concord BMP approval, 2-15-06
None Carolina
401 Oversight/Express Review Permitting Unit huallly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper
r
?qo 6- i-
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 5, 2005
DWQ# 05-1948
Cabarrus County
Mr. Matthew Minton
Lowe's Home Center, Inc.
P.O. Box 111
Wilkesboro, NC 28656
Subject: Lowes Home Improvement Center, Kannapolis
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Minton:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.24
acre of wetland and impact 149 linear feet (If) of intermittent stream to Cold Water Creek in order to construct a
new Lowes Center in Cabarrus County, as described in your application received by the Division of Water
Quality (DWQ) on October 31, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Numbers 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This 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. A final written storm water management plan shall be approved, in writing, by this Office prior to the
construction of any permanent facilities at the site. The storm water facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any permanent building is occupied at the site, the facilities (as approved by this Office) shall be
constructed and operational, and the storm water management plan (as approved by this Office) shall be
implemented. The structural storm water practices as approved by this Office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without
written authorization from the Division of Water Quality.
3. 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. . ore
Nor
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
4. 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.
5. 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.
6. 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.
7. Continuing Compliance. The applicant (Lowes Home Center, Inc.) shall conduct all activities in a manner so
as not to contravene any state water quality standard (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 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 1508 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. Barry Love in the Mooresville Regional Office at 704-663-1699
or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Matt Bramblett
Ian McMillan - Wetlands Unit
Tony Johnson -Cabarrus County
Central Files
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PROGRAM
RECEIPT
January a 'TOMMATER BRANCH
DWQ #: 05-1948
COE #: 200531833
Hart & Hickman
2935 South Tryon Street, Suite 100
Charlotte, NC 28203-5449
Project: Lowe's of North Concord County: Cabarrus
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $6,561.50, check
number 17195, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. 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.
Wetlands (credits) Stream (credits)
River Basin Cataloging
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm Buffer
(sq. ft.)
Riparian Marsh
Yadkin 03040105 0.24 0 0 0 0 0 0
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 Carol Shaw at [phone].
Sincerely,
. ,,"",
c fJj? f
2am D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
1Z"t0r!Kg... E ... Prote&iptg Our hate
MUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Impacts ,+ Mdf stions '+ Fees i Athiral ons "Event 1 Inspections }}' Comments ; Histo y
Details! PeiL?2-?.=v. .. .. ? Pe mils and Ce _ _ a .-., -ul Cross efs. : ,?
ProjectNumbeC 20051948 Version 1' Status: Issued Last Action Desc rProJecttssued

*Project Name: ;LOwe's Home Improvement Warehouse NConcord --1- -
'Project Type: [Industrial ! Commercial I Business
Project Desc: iLowe'swarehouse
Ow0eC ;Minton, Matthew L Details I,
*Received From: (Applicant - + COE ID. 200531833 'Primary County

COTTiP:
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'Admin Region: ?Mooresville?? -
Received Dt 10121/2005 _
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alan.johnson ;
IssuedDt ;1 270 512 0 0 5
'Seconds Conn
Statutory Dt 17213072005 -
.: CAMA NEPAL SEPA Received Dt
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ceived Dt ?' -- ---
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COE Office: 1e Regulatory Field Office SW Plan Approved Dt ! Public Notice Published Dt.
Last Updated By laurie dennison SW Plan Location: V ? Public Notice Received Dt:
Last Updated On: (10/25/2005 Sewage Disposal + P.N. Comment Period Ends Dt

Back 1 _
L-
Close
(Ready Page 111 SID: WP DI
Triage Check List
Date: 11/02/05 Project Name: Lowe's Home Imprvmt. Whse. N. Concord
DWQ#: 05-1948
County: Cabarrus
n
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 10/31/05 -12/29/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
O?O?WAT?9QG

October 25, 2005
DWQ # 2005-1948
??/ j y? 4, Cabarrus County
CERTIFIED MAH. RECEIVED
Hart & Hickman
rt r o?
Attn: Matt Bramblett
2923 S. Tryon St Ste 100 1 gj
Charlotte, NC 28203
Subject: Lowe's Home Improvement Warehouse N Concord
Application Fee Payment
Mr. Bramblett:
On October 21, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application on behalf
of Lowe's Home Centers, Inc for a 401 Certification in Cabarrus County, North Carolina. Please note that
beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401
applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than
150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams,
the fee is $475. Your application indicates 150 linear feet of stream impact. In order for DWQ to begin review
and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of
Water Quality. Please reference the above DWQ # in all future correspondence.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
Sincerely,
k?4
Cyndi Karoly
CBK/ljd
Enclosure: Check # 16969 $200.00
cc: Matthew Minton, c/o Lowe's Home Centers, PO Box 1111, N. Wilkesboro NC 28656
File copy + Check copy
Central Files + Check copy
20051948 Lowe's Warehouse N Concord (Cabarrus) Hold for fee
RAW
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o enr.state.nc us/ncwetlands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
' North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount
Lowes N Concord NWP 10/20/05 0014948

NC Division of Water Quality Totals
WACHOVIA 1 200.00

200.00 200.00
- i--

200.00
L. DO
ni ? ! °? ? 7!1(l.
Hart & HAW
A PROFESSIONAL CORPORATION
Via Federal Express
October 20, 2005
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Attention: Ms. Amanda Jones
Re: Pre-Construction Notification
Proposed Lowe's Site
Concord, NC
H&H Job No. FAK-066
Dear Ms. Jones:
20051 948
2923 South Tryon Street
Suite 100 Charlotte, NC
28203-5449
704-586-0007 phone
704-586-0373 fax
www.harthicknian.com
Ll
D
U(1l 2 2005
L7' t? . W AI L?; QUALITY
WET"N" MU ST3 AWATER BRANCH
-,.
Please find the attached Pre-Construction Notification (PCN) and request for coverage under
Nationwide Permit 39 for a proposed Lowe's Home Improvement Warehouse in Concord, North
Carolina. Should you have any questions or need any additional information, please feel free to
contact me.
Very truly yours,
Hart & Hickman, PC
Matt Bramblett, PE
Principal and Project Manager
Attachments
Cc: d - NC DENR DWQ, (7°Cop'esf and:g(ln Ch_P?k) _
Mr. Gene Hinkle, FAK
SAAAA-Master ProjectsTreeland KaufTrmTAK-066 N Concord\401 404 AppWover I etter.doc
Pre-Construction Notification
Proposed Lowe's Store
' Concord, North Carolina
H&H Project No. FAK-066
October 20, 2005
1
1
1 AWHart & Hickman
Hart & Hickman, PC
' 2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
' 704
586-0007 phone
' 586-0373 fax

1
Office Use Only: Form Version March 05
2 0 0 5 1 9 4 8
USACE Action ID No. DWQ No.
(If anv particular item is not applicable to this Droiect. please enter "Not Applicable" or "N/A".)
' I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
I3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
' 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
' Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information D n
1. Owner/Applicant Information 0 C T 2 1 2005 f uJ
Name: Lowe's Home Centers Inc.
' DENR - WATER QUAD
Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656 *T6t4969@ 5T9 AAU- ZR BRAIVCH

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Matthew.L.Minton(a,lowes.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
' Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
' Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203
' Telephone Number: [phone] Fax Number: [phone]
E-mail Address: mbramblett(a,harthickman.com

' Page 1
C
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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: Proposed Lowe's Home Improvement Warehouse of N. Concord

2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
' 3. Property Identification Number (Tax PIN): 5622796338
4. Location
' County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
Take Interstate I-85 north out of Charlotte, NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the rihg t behind the Cabarrus
' Regional Chamber of Commerce Building.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
e Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
' 6. Property size (acres): 17.08
7. Name of nearest receiving body of water: Unnamed Tributary to Cold Water Creek
' 8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
' River Basin map is available at hqp://h2o.enr.state.nc.us/admirt/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The property is currently undeveloped cleared land.
' The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.

Page 2

1
10. Describe the overall project in detail, including the type of equipment to be used:
' The site will be jraded and filled as noted on Figure 3.
Heavy equipment will be used for the site work.
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
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.
H&H met with Amanda Jones on-site on June 15, 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downgradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
2005 (Appendix B).
V. Future Project Plans
' Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
t The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
' VI. Proposed Impacts to Waters of the United States/Waters of the State
' It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
' riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
' should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

Page 3
I
' 1. Provide a written description of the proposed impacts:
The impacts proposed for this project are limited to filling an 150 ft portion of a disconnected
intermittent stream. The stream is currently disconnected from downgradient waters by a
generally dry stormwater sedimentation basin installed more than 5 years ago (Appendix Q1
The wetland impacts are for filling a small 0.24 acre wetland in the center portion of the property
1
2. Individually list wetland impacts. Types of impacts include, but are not limited to
' mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and floodin .

Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year'
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
' plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.

rI
1

Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Imp act Impact
Length
linear feet Area of
Impact
acres
I1 to 19 Unnamed Tributary Fill Intermittent 6 150 0.021

-
7
Total Stream Impact (by length and acreage) 150 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.

Page 4
0

0
I?

Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
None

T
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 150
' 7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): Wet ponds with earthen dams/embankments
' Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
Size of watershed draining to pond: 19 acres Expected pond surface area 27.500 ftPermanent Pool; 40,161 ftz top of bank
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D

Page 5
CI
' VIII. Mitigation
' DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
' streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
' Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
' lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
' http://h2o.enr.state.ne.us/newetlands/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.
Due to the disturbed nature of this site by past mass rgading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
' Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (150 M and the low quality nature of the stream (Appendix C).
An Apri129, 2005 acceptance letter from NCEEP is attached (Appendix E). H&H is in the
' process of extending the NCEEP approval letter for 6 more months.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
' Page 6

n

1
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/=/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None (per pre-app meeting w/Corps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify, )? Yes ? No
e 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

I Page 7
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1

Zone* Impact
(square feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5 -
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavement and gravel. The nost-
developed impervious area totals 15.69 acres and consists of building roof tops pavement
sidewalks, and concrete curbs and gutters. Therefore, the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater_and_erosion control plans will be submitted for
regulatory approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No

Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8
F
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy, posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
' work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable

D/Zo/4'g"

G

11

U
Applicant/Agent's Signature Efate -'
(Agent's signature is valid only if an authorization letter from the applicant is provided - See Appendix
A)
Page 9
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Ch-
APPROXIMATE
N 0 2000 4000
llz? SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CONCORD,NC 1969
REVISED/INSPECTED 1987
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SITE LOCATION MAP
PROJECT
PROPOSED LOWE'S STORE
CONCORD, NORTH CAROLINA
2923 'rrvon h. Slotteouth Str 28 100
Char, North ah Caroolina lina 28203
ti Hart & Hickman C
A PROFESSIONAL CORPORATION 704-586-0007 (p) 703-586-0370 (q
DATE: 10-11-05 REVISION NO: 0
JOB NO: FAK-066 FIGURE NO: 1
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Appendix A
Agent Authorization
Hart & Hickman, PC
AGENT CERTIFICATION OF AUTHORIZATION
I, jvtr.,,r ,,,1 A„r,r 4,representing Lowe's Home Centers. Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land (parcel no.
5622796338) situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County, NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
'Ap licant's signature
Lowe's Home Centers, Itqutanc?K
Sic.:--6 ??o oRaorsr N
to ltn ?oS
Date
Agent's signature
Hart & Hickman, PC
September 23, 2005
Date
S 1AAA•M;My llrgws&Mad KuWfouN41 AK.W. N famnrdWUl 404 Apld'.AMNT CFi0.1'dx

7

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Appendix B
Jurisdictional Determination
Hart & Hickman, PC

U.S. ARMY CORPS OF ENGINEERS
' WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
' NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris, Murr, Vermillion, LLC / c/o Hart & Hickman
' Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adiacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
' We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
' Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
E

We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit condu
Corps Regulatory Official:
Date September 27, 2005
Expiration Date September 27, 2010
Page 1 of 2
E

Action Id. 200531833
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 818-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
' Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form
' • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
' "Isolated Determination Information Sheet" to the file copy of this form.
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
28203
n

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VI.9
629504.124
1527540.333
YL27
529510.484
1527432.554
YL45 2 621.371
629631.779 1521674.168
1527697.216 P3
P4 629552.527
629684.254 1527874.439
1527896.959
X 6

YL10
VL11
629495.391
859
829500
1527528.528
1527525
843
YL28
YL29
829511.789
629513
450
1527454.392
1527475
497
YL45
YL4
629637.113
6
9
3
1527714.381
P5
629671.501
1527910.187 688 J '? 678
/

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829526
657 .
1527535
151
VL30 .
629524
731 .
1527493
892 7
YL4 5
2
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1527546
817 VL31 .
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1527512
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YL4 829827.050 1527715276 P7 629685.173 1527955.643 6
RCP , '`
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' . . . . 9 629622764 1527705.745 P8 629695.248 1527981.706 TOP: 675
9 FLOW
1
L14. 629537.733 1527534.944 VL32 529542.129 1527526.149 YL50 629512205 1527681.095 P9 620707.793 1528007.277 X690 .
INV.: 672.9
YL15 629532.058 1527523.343 VL33 629550.727 1527539.527 VL51 62860085 1527675.193 P10 629723.905 1528019.530
VV-16 629524.933 1527505.156 VL34 529558.709 1527554.152 VL52 629602.530 1527665.430 P11 629732.357 1528038.042
YL17 529519.551 1527495.094 YL35 529559.973 1527560.917 YL53 629E09.126 1527705.374 P12 629713.677 1528051.640 END INTERMITTENT STREAM
VL18 629510.008 1527477.803 Y135 629566.517 1527582.491 YL54 629611059 1527722.032
' P13 629707.113 1528048.995 L
YL55 629510.707 1527755.475 P14 629700.423 1528031.593 ?D?P
P15 629698.293 1528010.847 10
P16 ' 529685 115 1527983019 X
YA 14 " - ? YA.46 V&47 1-9 629540.163 1527834.922
?? .?\ Yr1.19 YILtB YL16 l Yrt3 WL50 ''
WL13 WL36 %%L51 M48 1-10 629636.852 1527819.527
W111 Yt15 . „ 1-11 629522.500 1527787.059 -
?........ _ .._..?...... -.- ... .. _..... _ .. ?.-... ..
WL20 M-12 1-12-629614.31315277B6.539
I ` NL21 \ Y'LlI 4L6 „ Y&52 WL49 \
I \ Y?4 ?,, 1-1 H153 d.54 1 r
I f ` 1p WL7 NL55
ri? '_ I I
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pi / 1 1 -
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/' 1 f op P4 P5 DISTURBED DURING
\ \ \? \ BEGINNING 15 1-6 ??"' ? P6 684 SEDIMENT POND CI,EANOUT
M r / r r
\ \ TERMTTic?IT 1-7 '"?
/ STREAM P22 ?\ ,,; P7 P6 P9 P10 P11 / ^ ` 1 r I
'AS7LANDS AS FAGGED !4! P21 P19 "J, '' END I
\ \ \ \ \ \ \ \ \ \ BY HART HICKMAN, PC GiH 47`r P20 <1 _ iNTERMITTEN ; 682
JOB SHC-129 P17 \ P12 > f / t??1Pj06o"'
YETLAtID AREA Pie P16 ''STREAM {11
RAG Northing Easting RAG Northing Easting RAC Northing Easting r P15 1 SEDIMENT P g?5 d0
YLi 629571.765 1527675 390 VL19 629501.177 1527455.952 k37 629572.159 1527587.001 r` \ ,POND gEBP6?01. OEO'??? e,l.r.,1 2'
YL2 629555,018.1527655.537 VL20 629491.831 1517459,365 VLJB 829576:232 1527577,472 `. _
\ \ P14 P13
YL3 829557.524 1527825.225 YL21 629468.669 1527459.921 VL39 629585.847 1527574.993
YL4 629547.212 1527002.921 YL22 629481.972 1527431.681 YL40 829584.383 1527587.358 INTERMITTENT STREAM
VL5 829540.505 1527577.031 YL23 629492.299 1527431.867 VL41 829590.392 1527607.764 RAG Northing Easting \ \ 86\\ 0,/
YL6 629525.312 1527560.683 YL24 829497.892 1527422.785 VI-42 629595.541 1527825.492 Pi 529542.463 1527849.316 \ \ \ I / / /?
VL7 629516.911 1527553.050 YL25 629511.530 1527404.110 VL43 629511.427 1527654.085 P2 629646.232 1527859.455
YLe 629509 550 1527548164 Y1 Y6 629515 824 1527414 432 VL44 6 9
\ / \ INTERMITTENT STREAM
WML25 WL26 100 RAG Northing Easting
/ 1-1 629579.787 1527689.036 BEG. INTERMITTENT' STREAM
\ \ ?, YA 27 WL26 _ WL3 / WL35 1-2 629581,106 1527702.809 N.C. GRID
W124 Wl3 / r X39 690 -1-3 629590.776 1527724.670 / NAD 63
K`L3 1-4 629598.714 1527749.727
1-5 829508.551 1527770.201
1 WL23 W129 Yt31 Y?L33 WL38 T4L41 45 1-6 629515.739 1527794.968
42 µT43 1-7 529525,163 1527819.948
YA
u 3 WL44 I-8 629632.563 1527838 717 /
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES') UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE. UNLESS THERE IS A CHANGE Ito THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS
WETLANDS DELINEATION MANUAL'
NAME 1
goad by U.S. Army C rpa of Engineers)
TITLE--
DATE, 2Z,?
FILE NO.:.
Mel G. Thompson & AssMiates, PA
PROFESSIONAL LAND SURVEYORS
803 South. Main, Street
Kannapolis, N.C. 28081
Telephone [phone]
PiT 829677.130 1527955,876
P18 629669.480 1527930.091
P19 629666.594 1527914.703
P20 629858.352 1527903.458 SEE SHEET 1 FOR OVERALL VIEW
P21 829847.358 1527880.492
P22 629637.487 1527848.825
SPECIFIC PURPOSE SURVEY
?><rSL (STREAM DELINEATION)
R/W MONU. OF THE 24.298 ACRES SITE KNOWN AS
N: 629,483.646
E:1528 046.528 "COPPERFIELD NORTHEAST'
`11YUnururrrrrr
;???'?O?ESS10?•2'y
Q SEAL r
Ruby A aodwin, P.L.S. (L-3485) : L-3485 ¢ t
,,??rrrrAirrii?10oo?.
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RC STREAM DESIGNATION
CHANGE
SURVEY FOR
Harris, Murr, & Vermillion, UC
Located : Twp ' 4 Caborrus Co. Concord, N.C.
Tax Ref.: pin # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
-UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale 60' Job 05 03 06
0' 15' 30' 60' 120' 180' 240'
SHEET 2 OF 2

e
1,41,1
rlilii
EO. y,.
ND 3
DPAL ST
HOLLAND
ST
o?
uo
UNIIERSITy
DR
Contours shown dt TWO FOOT Intervals. This plat Is subject to any rights-of-way, easements,
or agreements of record prior to date of survey.
VERTICAL DATUM TRANSFERED TO THE SITE AND BENCHMARK d.i.p. = Existing Iran Pipe, as described (FOUND)
ESTABLISHED 2/2/95 BY DIFFERENTIAL LEVELING SURVLY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, U2833-5" ELEVATION 717.91 in
l.p. New IronrPinR(dSET)s described (FOUND)
REFERENCE SURVEY #I. ep-. Computed Paint / No Physical Monumentatfan
a0 f? 'COPPEMELD,
SITE (*)
Vlclnlty Map : 1" = 2000'±
Llne Bearing Distance
L1 N 32' 49' 55' W 251.49'
L2 N 57' 10' 05' E 6273'
L3 N 32' 49' 55' W 60.00'
L4 N 32' 49' 55' W 300.00'
1-5 " N 57' 10' 05' E 9299'
L6 N 32' 49' 55' W 50.00'
L7 N 32' 49' 55' W 235.84'
LB N 57' 48' 13" E 1377.97'
L9 S 33' 54' 59' E 407.92'
L10 S 19' 26' 22" W 459.34'
1-11 S 35'' 48' 35' W 323.94'
L12 S 39' 13' 02' W 185,95'
L13 S 5906, 01' W 192.84'
L14 S 59' 53' 36' W 47.92'
GRID M ONUMENT TIE
1-19 N 61' 38' 19' E 81238'
GRID BEARING AND DIST.
GROUND M EASURE DIST 81248'
COMSIM FACTOR : 0.9998511
a-...r n
f.lnl4.r.
MYC yin
m.W
Rwf,. W r
??IIli1
??Illjl
Q
g
t
x
Curve Radlus Chord Bearlnq and Distance Are Length
Ca 1317.39' S 46' 39' 20" W 422.80' 424,64'
I, Ruby A. Goodwin, certify that this plat was drawn
by me from an actual survey made under my supervision
14 WATER
e.l.r., 1/2" L ` N : 629,035.504
N : 628,649.607 n1p. by +.n E : 1,527,949.241
E : 1,527,234.390 exist. R/W UONU. NAD 83 - NO GRID
NAD 83 - NO GRID (disturbed) COORDINATES
COORDINATES
and that the ratio of praclslon Is 1 : 24,088. vu?1I1Ili th,
=0 oFESSf0 . ti9 .
Ruby A. dwln P.LS. (L-3485)` Q'?'
J?/Jr L-3485 -
Mel G. Thompson & Associates, PA "I fIIIIIIIl00
PPOF'ESSIONAL LAND SURVEYORS
303 South, Main Street
Kctnnapolis, N.C. 28081
Telephone [phone]Ef
REVISION CHART
DATE INITIALS C01-ANATION
6/20/2005 RG STREAM DESIGNATION
CHANGE
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1 \\ 11 SMIUEI4T POND CLEANOUT'-=?-- I
S77R? END 1%
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e.l.r., 1/2' n.1.P R/W MONU.
RAILROAD
IRON
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N.C. GRID
NAD 83
Line Bearing Distance
L15 S 33' 54' 59' E 49,91'
L16 S 29' 26' 22' W 67.16'
L17 N 33' 54' 44' W 60.12'
L 18 N 56' 10' 12' E . 60.03'
FOR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
R? x151 exrSL 11 SEE PLAT RELEASED BY THIS COMPANY
R MONU.
POINT OF ` , \ b 1-111, NCGS oN RU MONU. APRIL 7, 2005 - JOB # 050306 -- SCALE : 1" = 60'
BEGINNING ?? r 13 CA M ON
'THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES-) UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE UNLESS THEREr 13 A CHANCE IN THE LAW al PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY RE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEARS.FROIA THIS DATE. THIS DEMU4114ATION
WAS MADE UTILIZINf1 THE 1987 ARMY CORPS OF ENGINEERS
I5VLANDS DESGEA11ON MANU
NAME )IAQVNJ&?
( goad by U,S, Army s of Engineers
TITLE: c L. I_
DATE:;
FILE NO.: IQw 3 I?5
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERFIELD .NORTHEAST'
SURVEY FOR
Harris,, Murr, & Vermillion, LLC
Located : Twp # 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin' # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 16, 2000
Scale : • 1" = 200' Job # 05 03 06
0' 50' 100' . 200' 400, 600' Boo,
SHEET 1 OF 2

Appendix C
Photographs
Hart & Hickman, PC
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Photograph I: Existin--
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2923 >ti_11. r a?
Hart & HAMUChaSouth Trvori r28203 ioo I PROPOSED LOW E'S SITE
Charlotte, North th Carolina CONCORD, NORTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0370 (Q
Photograph 2: Wetland Area in April 2005.

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Photograph 3. Intermittent Stream in September 2005 (note channel partially vegetated).
ti Hart & Hi(klnaH 2923 South Tnon Street-Suite 100 I PROPOSED LOWE'S SITE I
Charlotte, North Carolina 28203 CONCORD, NORTH CAROLINA
A PROFESSIONAL CORPORATON 704-586-0007 (n) 704-586-0370 (f)

C

7

Appendix D
Avoidance and Minimization
Hart & Hickman, PC

r
L

Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
' high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.
Minimization
To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will

be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.
7

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7
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C
Appendix E
NCEEP Approval
Hart & Hickman, PC
H

Matt Ingalls
' Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203

n
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0

7

April 29, 2005
Project: Development at Dale Earnhardt Blvd/I-85 County: Cabarrus
MAY c 2D05

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 will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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 will be mitigated are summarized in the following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 Cmm 0 0
03040105 *
? lcS?Jei?pho.ocLat?e?s?*?ss
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The magnitude 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 Slow
will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and ` ATI?
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 Carol Shaw at [phone].
bcerely, Wrn D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
Protect' Our State
WMERRA
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
Y
Tcosy stem
r
PROGRAM
April 29, 2005
Matt Ingalls
Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
Project: Development at Dale Earnhardt Blvd/I-85 County: Cabarrus
V@P= - 0WRB
MAY 3 ' 2005
DENR - WATER QUALITY
WETLANDS AND STOMMYER BRA '4
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 will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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 will be mitigated are summarized in the following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 100 0 0 0
03040105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The magnitude 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 Carol Shaw at [phone].
incerely, ? . c?
Liam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
R"t-0r!;,tg... E pd"... ProtecUKg Our It& &
IRZE&NR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
200519.48
Pre-Construction Notification
Proposed Lowe's Store
Concord, North Carolina
H&H Project No. FAK-066
October 20, 2005
AkAdrt & flickma
Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax

I
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 5 1 9 4 8
to any parncuiar nem is not appncame io uus project, please enter •.mi Appucame or °rviA .)
' I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
I3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
' 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
' 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
16 T
II. Applicant Information k!:_7 -
D
U
OCT 2
1. Owner/Applicant Information ??G5
Name: Lowe's Home Centers Inc.
' Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656 WERNMPNOSTORMWATERPRAUCH
'
Telephone Number: 336 658-4463 Fax Number: 336 658-2616
' E-mail Address: Matthew.L.Mintonnn,lowes.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
' Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
' Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203

' Telephone Number: [phone] Fax Number: [phone]
E-mail Address: mbramblett(@harthickman.com

Page 1

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
' landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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: Proposed Lowe's Home Improvement Warehouse of N. Concord

2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
' 3. Property Identification Number (Tax PIN): 5622796338
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
' Take Interstate I-85 north out of Charlotte NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the right behind the Cabarrus

' Regional Chamber of Commerce Building_
5. Site coordinates (For linear projects, such as a road or utility line attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
' Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
6. Property size (acres): 17.08
7. Name of nearest receiving body of water: Unnamed Tributary to Cold Water Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The property is currently undeveloped cleared land.
The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.

Page 2

10. Describe the overall project in detail, including the type of equipment to be used:
' The site will be graded and filled as noted on Figure 3.
Heavy equipment will be used for the site work.
I11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
' 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.
H&H met with Amanda Jones on-site on June 15. 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
' wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downaradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
' 2005 Appendix B).
V. Future Project Plans
' Are any future permit requests anticipated for this project? If so, describe the anticipated work
,
and provide justification for the exclusion of this work from the current application.
' The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
' VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
' riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
' should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

Page 3

1. Provide a written description of the proposed impacts:
The impacts Dronosed for this Droiect are limited to filling an 150 ft Dortion of a disconnected
' intermittent stream. The stream is currently disconnected from downgradient waters by a
generally dry tormwater sedimentation basin installed more than 5 ergo (Appendix 1.
The wetland impacts are for filling a small 0.24 acre wetland in the center portion of the property
2. Individually list wetland impacts. Types of impacts include, but are not limited to
' mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.

Wetland Impact
Site Number
(indicate on map)

Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
I00lain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
1 3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
' plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.

0

Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Intemuttent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
I1 to 19 Unnamed Tributary Fill Intermittent 6 150 0.021

-
F 7
Total Stream Impact (by length and acreage) 150 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
' Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.

Page 4

F

Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. acres 0.261
Total Stream Impact (linear feet): 150
' 7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): Wet ponds with earthen dams/embankments
' Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
' Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 ft2
Permanent Pool, 40,161 ft2 ton of bank
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D

Page 5

E

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan:must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stringide.html.
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.
Due to the disturbed nature of this site by past mass grading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland im acp t only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (150 ft) and the low quality nature of the stream (Appendix C).
An April 29, 2005 acceptance letter from NCEEP is attached (Appendix E). H&H is in the
process of extending the NCEEP approval letter for 6 more months.
2. Mitigation may also be made by payment into the"North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
Page 6

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F

11
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None (per pre-app meeting w/Colps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify. V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

Page 7

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D

Zone* s umapact
( feet) Multiplier M ti Required
1 3 (2 for Catawba)
2 1.5 -
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavement and gravel The post-
developed impervious area totals 15.69 acres and consists of building roof tops pavement
sidewalks, and concrete curbs and gutters. Therefore the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater and erosion control plans will be submitted for
regulatory gp rp oval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8

If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
' http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable
?I

17
1

L ?7

F7

Applicant/Agent's Signature Efate "
(Agent's signature is valid only if an authorization letter from the applicant is provided - See Appendix
A)
Page 9
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QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SIT E LOCATION MAP
PROJECT PROP OSED LOWE'S STORE
CONC ORD, NORTH CAROLINA
ti Hart & Hickman SoudiTrvon T No* I ftcat8 loo
North Carolina 2 26203
Charlotte
A 1F.I ,
IC)IAL CORPORATION 704-586-0007 (p) 704-586-0370 (0
DATE: 10-11-05 REVISION NO: 0
JOB NO: FAK -066 FIGURE NO: 1

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Cabarrus Coun",: Soil Sumey
2923 South Tryon Street -Suite 100 PROPOSED LOWE'S SITE
PA%e
Hart& HlekHlaHPROPOSEDCharlotte, North Carolina 28203 CONCORD, NORTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0373 (f)

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7

Appendix A
Agent Authorization
Hart & Hickman, PC
AGENT CERTIFICATION OF AUTHORIZATION
I, representing Lowe's Home Centers, Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land (parcel no.
5622796338) situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County, NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
'Ap licant's signature
Lowe's Home Centers, I?
S:. 5-6 *bbju.*or?r
ltn ?o S
to
Date
Agent's signature
Hart & Hickman, PC
September 23, 2005
Date
S MA•M;me. Pal"UkReelawl ?:IU1T111011`4'Al?•IMd. N ('alclxd4u1 4114 ApppACGNT CERI W
i
i
Appendix B
Jurisdictional Determination
Hart & Hickman, PC

U.S. ARMY CORPS OF ENGINEERS
' WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
' NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris Murr Vermillion LLC / c/o Hart & Hickman
' Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adiacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
' Indicate Which of the Following Apply:
_ Based on preliminary information, there may be stream channels and wetlands on the above described property.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
_ We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
' final, any delineation must be verified by the Corps.
_ The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
' X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
' years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
' the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
' _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
' Remarks: Site visit conducted on June 15 2005.
Corps Regulatory Official:
Date September 27, 2005
Expiration Date September 27, 2010
Page 1 of 2

?I
Action Id. 200531833
' Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
' Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
' Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
' • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
28203

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Line Bearing Distance
L1 N 32' 49' 55" W 251.49'
L2 N 57' 10' 05" E 6273'
L3 N 32' 49' 55' W 60.00'
L4 N 32' 49' 55' W 300.00'
L5 •' N 57' 10' 05' E 9199'
L6 N 32' 49' 55" W 50.00'
L7 N 32' 49' 55" W 235.84'
L8 N 57' 48' 13" E 1377.97'
L9 S 33' 54' 59' E 407.92'
L10 S 79' 26' 22' W 459.34'
L11 S 35" 48' 38' W 323.94'
L12 S 39' 13' 02" W 185,96'
L13 S 5906, 01" W 19284'
L14 S 59' 53' 36' W 47.92'
GRID M ONUMENT TIE
L19 N 61' 38' 19' E 81235'
GRID BEARING AND DIST.
GROUND M EASURE DIST 81248'
COMBINED FACTOR : 0.9998511
Contours shown dt TWO FOOT Intervals.
,
VERTICAL DATUM TRANSFERED TO THE SITE AND BENCHMARK
ESTABLISHED 2/2/98 BY DIFFERENTIAL LEVELING SURVEY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, "U2833-5" ELEVATION 717.91
REFERENCE SURVEY ji.
._... ?M lie yH
I
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6
f
t
Curve Radius Chord Bearing and Distance Are Length
C1 1$17.39' S 46' 39' 20" W 422.80' 424.64'
I, Ruby A. Goodwin, certify that this plat was drawn
by me from an actual survey made under my superrislon
LIP=. TER
•- - _ ^.? N : 629,035.504
e.i.r., L14 " `-
N : 628,649,607 l.n.i.p, by +.d E :1,527,949.241
E : 1,527,234.390 exist, R/W MONU. NAD 83 - NC GRID
NAD 83 - NC GRID (disturbed) COORDINATES
COORDINATES
and that the ratio of preclelon is 1 : 24,088. `,`??tllll??llilt/,, rr
`:?0? ?F1r5Syo . ti,?
?A "
Ruby A. dwln, P.L.S. (L-3485) - ;,e AL ?r
L-3485
SL
? 'ac
/?rrrr A i r 1111Gi
Mel 0. Thompson d Associates, PA
PROFESSIONAL LAND SURVEYORS
803 South Main Street
Kannapolis, N.C. 28081
Telephone [phone]
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RG STREAM DESIGNATION
CHANCE
1."m I. ... 1.\
w:r.¦
- v
This plat Is subject to any rights-of-way, easements,
or agreements of record prior to date of survey.
Existing Iron Plpd, as described (FOUND)
e.l.r. = Existing Iron Rod, as described (FOUND)
nd.p. = New Iron Pin, (SET)
ep-e-= Computed Point / No Physical Monumentation
w•," F's c ="
a'i' ? ?y,M t A M. r+l!W.
..1... w ,.l "..., W
Y.. .. .ri¦ .. ...-. .. wF." -
Mrw 4Y 1i
yY
ml.r.j 2' L8 cv
l l 7TT1
-3
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L5
r ?/r I\ SEE SHEET 2 STREAM AREA
I n P. STREAM ?l f \ „"„ 11\ ~ FOR DETAILS DISTURBED DURING
SEDIMENT POND CLEANOUT'-_ -
t^ C SD
INTEtMI l? ?"" LT!
M'
STR
?` \? l%??\\\\ r. `' «1
r- \ (?-?,? \ \ 077, 38
\ \ V ?? ?\ \1 WE1L,wOS AS FLAGGED ,-.-
\ \ \ \ ?, /r 1 BY HART HICKMAN, PC
}i \ \ 1 _ . } 111?/ll ; - exist.
e.l.r., 1/2" 12 n.i.p R/W MONU.
RAILROAD
IRON
0
b
P
e.l.rs„1/2"
f?
ITE
Line Bearing Distance
L 15 S 33' 54' 59' E 49.91'
L 16 S 29' 25' 22" W 67.16'
L17 N 33' 54' 44' W 80.12'
LIB N 56' 10' 12" E . 60.03'
xist. }? ) I 4?2 `p rOR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
R MONO. y? exist. SEE PLAT RELEASED BY THIS COMPANY
? OF A. 1? R/W MONU.
POINT u ,
6EG[NNINC ?% 13 < 1 NCGS MONUMENT APRIL 7, 2005 -JOB 050306 -SCALE : 1 = 60
C
'THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES") UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED a,4 THIS
DATE UNLESS THERE IS A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY FE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEARS.FROM THIS DATE. THIS OEIERMINATION
WAS MADE UIIUZINO, THE 1987 ARMY CORPS OF ENGINEERS
Rt1LANDS DE1.INEATION MANU ,
NAME-
(geed by U.S, Army C a of Engineers
TITLE.
DATE: &,,, t M,61e
FILE NO.: lam 3 IY3-77:.
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERFIELD NORTHEAST'
SURVEY FOR
Harris,, Murr, & Vermillion, LLC
Located : Twp # 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pln' r# 5622 79 2283
Deed Ref.: p/o Dbk 6Z5, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : 1" = 200' Job # 05 03 06
0' 50' 100' _ 200' 400' 600' 800'
SHEET 1 OF 2
e
Vicinity Map : 1" = 2000'±
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?. VA 27 fyL`-WL30? WL3M-35
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WL29 /
1 VA-23 WL31 W_33
1 --„ „ Yt1.;4 1,
WL18 WL16
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I YJL20 WL17 WL15 ; 'AL12 WL13 ,
"' ? l WL21
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YAL10 yL7

1 1
/ e,1.r11/2" x
STREAM AREA 1
DISTURBED DURII4C
SEDIMENT POND CLEANOUT/ / I f
PPI -41
682 1
? 01365 /
FLAG Northing E05ting FLAG Northing Ea3Unq FLAG Northing Eaotlnq P15 \ UT` P12 > PEDIDMENT Q4PS? ?S OV?,6 / .
YLt 629571.765 1527675.390 X19 629501.177 1527465.952 X37 629572159 15275fl7.00j ? i 0 ,N? e.l.r.1 2
YL2 629565,018 . 1527655.537 YL20 629491.831 1527459.365 YL38 829578:232 1527577,432 .? _ \ \ P14 pt3 ¢?OP6g0. '?
X3 629557.524 1527828.225 VL21 629468.669 1527459.921 YL39 629585.847 1527574.993
YL4 629547.212 1527002.921 W-22 629481.972 1527431.681 YL40 029584.383 1527587.355 INTERMITTENT STREAM ?- - \ ??
YL5 829540.505 1527577.031 VL23 629492.299 1527431.887 YL41 829590.392 1527607.704 FLAG Northing Ea?Ung
YL *-N h \686\ ?c f ,p
YL6 629515.312 1527560.683 YL24 829497.092 1527422705 42 629595.541 1327825.492 P1 629542463 1527849.316
VV 629516.911 1527553.050 VL25 629511.530 1527404.110 VL43 629811.427 1527654.085 P2 629646.232 1527859.456 -/
VL8 629509.580 1527548.164 YL25 629515.824 1527414.432 YL44 629621.371 1527674.168 P3 629652.527 1527874.439 \ ?? 66D
X9 629504.124 1527540.333 YL27 629510.484 1527432854 YL45 629831.779 1527697.216 P4 629664.254 1527896.959
YL10 629495.391 1527520.528 W.28 629511.789 1527454.392 YL45 529537.113 1527714.381 P5 629671.501 1527910.187 \ 686` 678
VL11 629500.689 1527525.843 YL29 629513.450 1527476.497 YL47 629634.105 1527717.813 P6 629674.760 1527932889
YL12 829526.857 1527535.751 YL30 829524.731 1527493.892 YL48 629827.050 1527715.378 P7 629685.173 1527955.643 1 \ / 6' RCP
YL13 629537.047 1527548.817 VL31 529534.895 1527512723 YL49 629522354 1527705.745 PS 629E95.24B 1527981.7D5 TOP: 675,4 FLOW
W-14 629537.733 1527534.944 VL32 529542129 1527520.149 &50 629512205 1527681.095 P9 629707.793 1528007.277 X 690 INV.: 672.9
YL15 629532058 1527523.343 YL33 629550.727 1527539.527 VLSI 629604.785 1527575.193 P10 629723.905 1528019.530
VL16 629524.933 1527505.155 YL34 629558.709 1527554.152 M2 829602530 1527685.430 P11 629732357 1526035.042
•YL17 629519.551 1527495.094 YL35 529559.973 1527560.917 YL53 629CD9.126 1527705.374 P12 629713.677 1528051.640 ENO INTERNITTENT STREAM
YLI8 629510.088 1527477.803 YL33 629565.517 1527582491 VL54 829613.059 1527722032 P13 629707.113 1528048.996
YL55 629610.707 1527755.475 P14 629700.423 1528031,593 ?Q?PV
P15 629598.293 1528010.647
P16 ' 829686.115 1527983.019
P17 629677.130 1527955,870
P18 629069.480 1527930.091
THIS CERTIFIES THAT THIS COPY OF THIS PLAT P19 629665.594 1527914.703
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY P20 629858.352 1527903.458 SEE SHEET 1 FOR OVERALL VIEW
JURISDICTION ('WATERS OF THE UNITED STATES') UNDER P21 829847.388 1527880.492
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT P22 629637.487 152784&825
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS SPECIFIC PURPOSE SURVEY
D
FEDERAL REGULATIONS, THIS ATE UNLESS THERE IS A CHANGE IN THE LAW OR PUBLISHED extsL (STREAM DELINEATION)
JURISDICTION MAY BE RELIED UPON MFOR A PERIOD NOTNTO04 R/W MONU. OF THE 24.298 ACRES SITE KNOWN AS
EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION N: 629,483,646
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS E: 1,528.046.528 "COPPERFIELD NORTHEAST"
WETLANDS DELINEATION MANUAL'
INTERMITTENT STREAM
\ FLAG Northhg Eaattng
1-1 629579.787 1527659.036 BEG. INTERMITTENT STREAM
r- 1-2 629581.105 1527702809 N.C. GRID
-1-3 629590.776 1527724.670 / NAD 83
W136 YL3 Yt51 WL50 " 1VL48 1-10
L5 YiL4 1-1 H'CS3 9L54 YrW5
WI-39 1-4
g E41 1-5
I-6
WL42 VrL43 WL44 W145 ` 1-7
YL46 WL47 1-4
.,t I-11
YdS2 YIL49 1-12
629598.714
629508.551
629515.739
629628,163
629632563
629640.153
629536.852
629522500
629514.313
1527749.727 /
1527770.201 /
1527794.968 /
1527819.948 /
1527838.717 /
1527834.922 /
1527619.527
1527787.089 /
1527768.539 _ .._ _? ..... .._ ... ...".....
-• I
19 /
-" ? -- -_ ? -? YrL9 WL8 \ WL3 U Y+L1 " ~'' 1-11
CIO_ rz
` \ \ \ \ \ BEGINNING 1-5 1 6 P3INTERMITTENT iiT_?7 P6 684
1 \ 51REAM ' 1-D P22' \ .. F7 PB P9
\ \ \ \ \ \ \ RETLANDS AS FLAGGED L1l 141 1Vr P21 P19
\ \ \ \ \ \ \ \ BY HART 8 HICKMAN, PC TI{ ,Tgpy P20 INTERMI
VfTLAND AREA J03 BHC-129 P18 P17 P16 ?''$TF
NAME ' I
gned by U.S. Arm C rpn of Eng(nearn)
TITLE:
DATE:
FILE NO.:b531k. 3
Mel C. Thompson & Assmiates, PA
PROFESSIONAL LAND SURVEYORS
803 South Main Street
Kannapolis, N.C. 28081
Telephone [phone]
??tunurrlr,,?r
CA
????? N Ro
"?? ?......... ,
y
z'-Z-?°' °FES5r0y?-
Q? SEAL ' r
U-J
Ruby A oodwin, P.L.S. (L-3485) L-3485
REVTS[ON CHART
DATE
F INntALS EXPLANATION
5/20/2005 RG STREAM DESIGNATION
CHANGE
,
SURVEY FOR
Harris, Murr, & Vermillion, LLC
Located : T1Yp 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
.UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
. Dated : April 18, 2000
Scale : 1. = 60' Job 05 03 06
0' 15' 30' 60' 120' 180' 240'
SHEET 2 OF 2
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Appendix C
Photographs
Hart & Hickman, PC
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Photograph I: Existing Sedimentation Basin.
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Hart & Hickman 2923 South Tr on Street-Suite 100 I PROPOSED LOWE'S SITE
Charlotte, Nonh Carolina 28203 CONCORD NORTH CAROLINA
Photograph 2: Wetland Area in April 2005.

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Photograph 3: ]ntcrmittent Stream in September 2005 (note channel partially vegetated).
ti Hart & Hlekman 2923 South Tryon Street-Suite 100 I PROPOSED LOWE'S SITE I
Charlotte, North Carolina 28203 CONCORD, NORTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0370 (f)
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Appendix D
Avoidance and Minimization
Hart & Hickman, PC

' Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
' Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
' development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
' ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
' high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.
Minimization
' To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
be used. In addition, the development is proposed on a property with a small amount of low
' quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
' During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.
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Appendix E
NCEEP Approval
Hart & Hickman, PC
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PROGRAMY

Matt Ingalls
Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
April 29, 2005
)ut...a--? --------------
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Project: Development at Dale Earnhardt Blvd/I-85 County: Cabarrus
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 will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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 will be mitigated are summarized in the following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 08` C00
. 0 0
03040105 *
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The magnitude 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 Ste`"'
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 Carol Shaw at [phone].
cerely, ? . CCJ
Wt iam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
kutovlptg... E ... Pirotectt' Oar Stag
c-d-EWIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

tigart&Hickman
Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax
2`0051 948
Pre-Construction Notification
Proposed Lowe's Store
Concord, North Carolina
H&H Project No. FAK-066
October 20, 2005
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Office Use Only: Form Version March 05
2?51948
USACE Action ID No. DWQ No. Q
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
' I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39

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3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
a13[a ?@
OCT 2 1 2005
Owner/Applicant Information
Name: Lowe's Home Centers Inc. auikLl
CH
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Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656 yJERMDSMDST n
Telephone Number: [phone] Fax Number: (36) 658-2616
E-mail Address: Matthew.L.Minton(a,lowes.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203
Telephone Number:_ [phone] Fax Number: [phone]
E-mail Address: mbramblettAharthickman.com
Page 1

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
' landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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: Proposed Lowe's Home Improvement Warehouse of N. Concord
'
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 5622796338
4. Location
' County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
' Take Interstate I-85 north out of Charlotte. NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject properly is on the right behind the Cabarrus
Regional Chamber of Commerce Building.
5. Site coordinates (For linear projects, such as a road or utility line attach a sheet that
' separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
' 6. Property size (acres): 17.08
7. Name of nearest receiving body of water: Unnamed Tributary to Cold Water Creek
' 8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
' River Basin map is available at http://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: The property is currently undeveloped cleared land.
The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.
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10. Describe the overall project in detail, including the type of equipment to be used:
The site will be graded and filled as noted on Figure 3.
HeM equipment will be used for the site work.
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
' 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.
H&H met with Amanda Jones on-site on June 15. 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
' wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downgradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
2005 (Appendix B).
V. Future Project Plans
' Are any future permit requests anticipated for this project? If so, describe the anticipated work
and provide justification for the exclusion of this work from the current application.
' The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
' VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
' riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
' should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
' wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

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' 1. Provide a written description of the proposed impacts:
The impacts proposed for this proiect are limited to filling an 150 ft portion of a disconnected
' intermittent stream. The stream is currently disconnected from downgradient waters by a
generally dry stormwater sedimentation basin installed more than 5 years ago (Appendix 9.
The wetland impacts are for filling a small 0.24 acre wetland in the center portion of the property
2. Individually list wetland impacts. Types of impacts include, but are not limited to
' mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.

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Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
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4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
I1 to 19 Unnamed Tributary Fill Intermittent 6 150 0.021

Total Stream Impact (by length and acreage) 150 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.

Page 4

Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the vroiect:
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 150
' 7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
' the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): Wet ponds with earthen dams/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
' Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 ft
Permanent Pool, 40,161 ft2 top of bank
' VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
' information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
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VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://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.
Due to the disturbed nature of this site by past mass grading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (150 ft) and the low quality nature of the stream (Appendix C).
An Apri129, 2005 acceptance letter from NCEEP is attached (Appendix E). H&H is in the
process of extending the NCEEP approval letter for 6 more months.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
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additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wry/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None (per pre-app meeting w_ /Corps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

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Zone* s uareafeet Multiplier Mitigation
1 3 (2 for Catawba)
2 1.5 -
Total
Zone 1 extends out 3U feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavement and gravel The post-
developed impervious area totals 15.69 acres and consists of building roof tops pavement
sidewalks, and concrete curbs and gutters. Therefore the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater and erosion _control plans will be submitted for
regulatory approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes E] No
Page 8

' If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
' XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable

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Applicant/Agent's Signature Efate --'
(Agent's signature is valid only if an authorization letter from the applicant is provided - See Appendix
A)
I Page 9
APPROXIMATE
N 0 2000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CONCORD,NC 1969
REVISED/INSPECTED 1987
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
4000 SITE LOCATION MAP
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PROJECT PROPOSED LOWE'S STORE
CONCORD, NORTH CAROLINA
uth o' h a olia 28 Noah Carolina 28203
ti Hart & Hickman 2923 SoCharlotte
3
,
A PROFES610NAL COnPORATON 704-586-0007 (p) 703-5860370 (t)
DATE: 10-11-05 REVISION NO: 0
JOB NO: FAK-066 FIGURE NO: 1
nJ Figure 2
Cabarrus Coun",: Soil Sun-cy
Hart & Hickman 2923South Tr}'onStreet-Suite 100 PROPOSED LOWE'S SITE
Charlotte, North Carolina 28203 CONCORD, NORTH CAROLINA
A PROFESSIONAL CORPORATON 704-586-0007 (p) 704-586-0373 (t)
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Appendix A
Agent Authorization
Hart & Hickman, PC
AGENT CERTIFICATION OF AUTHORIZATION
I, MR?NE,,1 4,representing Lowe's Home Centers, Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land {parcel no.
5622796338} situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County, NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
Ap licant's signature
Lowe's Home Centers, lqc..
Sls. SM bzjvx ntirit' NN
to ttn I o S
Date
Agent's signature
Hart & Hickman, PC
September 23, 2005
Date
.,1AAA•M.w. I'uyenx?Fmulmnl I -1T.,, eJ:AK•do. N Cwmdunl 1M ApIMAQENT(TR1'dv

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Appendix B
Jurisdictional Determination
Hart & Hickman, PC

U.S. ARMY CORPS OF ENGINEERS
' WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
' Property Owner/Agent: Harris, Murr, Vermillion, LLC / c/o Hart & Hickman
Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adiacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
' Indicate Which of the Following Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
' We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
' Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
_ We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
' final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
' should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
' years from the date of this notification.
- There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
' _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit conducted on June 15, 2005.
Corps Regulatory Official:
Date September 27, 2005
Expiration Date September 27, 2010
Page 1 of 2

u

Action Id. 200531833
' Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 818-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
' unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
' Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
' • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
28203

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1,
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1 ' ' ?' ,1 I , ' 1 WL42 WL43 %VL44 1-8 629532.553 1527
838.717 / r
W-2 YA14 ` "^ Y ?Y-L46 YA.47 ?1-9 629640.163 1527534.922
? YIL18 RL16 ?
BL50 ., &48 1-10 629636.862 1527819.527 /
4 I Yr119 '' WL13 I WL36 M-51
1 M-17 V115 „ 1-11 629622.500 1527787.089
/ _....... _ .._ _ .... _ -._ ... .. _..... _ -
1 Y?L20 YA-12 „ 1-12 629514 313"1527766 539
\ INTERMITTENT STREAM
\ FLAG Northing EwUng
1-1 629579.787 1527689.036 BEG. INTERMITTENT STREAM
\ ?. Y&27 / }yL35 ? 1-2 629581,106 1527702.809
1 \ 4 Y&28 tiyL30 3 ? 3 ! ?9 B'9 ` 1-3 629590,776 1527724.670 /
\ I 1-4 62959&714 1527749.727
Y4 23 YrL29 R131 YA 3 B M. 1'1.41 \ 1-5 829800.551 1527770.201
11 WL45 1 1-6 629615.739 1527794.968
1 I-7 629626 183 15
/ , YA 21 WL11 Lfi 1 WL52 W49 --
1 I \ \ Y W4 T 1 PIt53 4 Y155 , -.
/ f M-1 0 Wl7 YA3 812 I ,,"?1 ` ?? !-9 / I
YJ.i 11 ', 1'' 1-12
WL9 ya-
,? 1 „ Pt
N., \ \ BEGINNING 1-4 ! 5 "f 6 111 ' P?3 Pp4 - P5
INTERMITTENT P6
1 \ STREAM ' 1-B 1 11 P7
/ / \ \ \ \ \ \ \ \ \ f-P
P20 P191 1
BY HART DS HIC M?GEDD C LI ?M1Tt r2 P21
YETLAND AREA \ \ \ \ \ \ \ \ J03 f SHC-129 8r? P18 P17 ? ?
Pt6
FLAG Northing Eosting FLAG Northing Easting FLAG Northing Easting
YL1 629571.765 1527675.39D YL19 629501.177 1527455.952 YL37 629572.159 1527587.001
YL2 629565.018 . 1527655.537 YL20 629491.631 1527459,355 YL33 829578:232 1527577,432
YL3 629557.524 1527825.225 M21 629468.669 1527459.921 YL39 629588.847 1527574.993
YL4 629547.212 1527002.921 YL22 629481.972 1527431,681 YL40 829584.383 1527587.358
YL5 829540.505 1517577.031 YL23 829492.299 1527431.887 YL41 829590.392 1527607.104
YL6 629525.312 1527560.683 YL24 829497.692 1527422.785 VL42 629595.541 1327625.492
YL7 629516.911 1527553.050 1125 629511.530 1527404.110 VL43 629811.427 1527654.085
YL8 629509.580 1527548.164 VL26 629515.824 1527414.432 YL44 629621.371 1527674.168
YL9 629504.124 1527540.333 VL27 029510.484 1527431654 YL45 629831.779 1527697.216
1&10 619495.391 1527528.528 YL2B 629511.789 1527454.392 YL45 619537.113 1527714.381
YL11 829500.809 1527525.843 W29 629513.450 1527476.497 VL47 619534.105 1527717.813
YL12 829526.857 1527535.751 Y130 029524.731 1527493.892 YL48 629627.050 1527715.378
YL13 629537.047 1527548.817 YL31 629534.895 1527512723 YL49 629522.384 1527705.745
YL14 629537.733 1527534.944 VL32 029542.129 1527526.149 VL50 629512.205 1527681.095
YLIS 629532.086 1527523.343 YL33 629550.727 1527539.527 YL51 629604.185 1527675.193
YL15 629524.933 1527505.156 YL34 829558.709 1527554.152 YL52 829602.530 1527655.430
•YL17 829519.581 1527495.094 Y135 029559.973 1527560.917 YL53 629609.126 1527705.374
YL18 629510.008 1527477.803 YL33 629565.517 1527582.491 YL54 629513.059 1527722.032
YL55 629610.707 1527755.475
'THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ("WATERS OF THE UNITED STATES') UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE UNLESS THERE IS A CHANCE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS
WETLANDS DELINEATION MANUAL'
NAME: l i
(lgnednnby U.S.
TITL : Q'
DATE:-
FILE L175
NO.: Iri%D ?b1?531K?3
Mel G. Thompson & AssMiates, PA
PROFESSIONAL LAND SURVEYORS
808 South Main Street
Kannapolis, N.C. 28081
Telephone [phone]
N.C. GRID
NAD 83
1 1
e.l.r`1/2"
STREAM AREA ! 1
DISTURBED DURING
POND CLEANOUT
n4 PSEDIMENT
0 P11
-4 L_
ITERM1?lIFN .``• 682 I I i y5
TREAM / 0 13. Pin
\ ?- \ \ PLJ\P14 `POND ENT Ns dw
e.l.rj 2'
\ \ P13
IINTERIATTENT STREAH
FLAG Northing Easting \686
P1 629642.463 1527849.316
P2 629846.232 1527859.456
P3 629652.527 1527874.439 6
P4 629664.254 1527896.959
P5 629671.501 1527910.187 ` 686 678
P6 629574.750 1527932.889 dry'"
P7 6296B5.173 1527955.643 / 6' RCP /`
pa 629696.248 1527981.706 TOP: 675.9 FLOW
P9 629707.793 1528007.277 `690 INV.:672.9
P10 629723.905 1528019.530
P11 629732.357 1528036.042
P12 629713.677 1528051,640 ENO INTERMITTENT STREAM
P13 629707.113 1528048.996
P14 629700.423 1528031.593
P15 629698.293 1525010.847 X10
P16 ' 629688.115 1527983,019
P17 629577.130 1527955,878
P18 629669.480 1527930.091
P19 629668.594 1527914.703
P20 629858.352 1527903,456 SEE SHEET 1 FOR OVERALL VIEW
P21 829847.368 1527880.492
P22 629637.487 152784MB25
SPECIFIC PURPOSE SURVEY
eklsL (STREAM DELINEATION)
R/Yr MONU. OF THE 24.298 ACRES SITE KNOWN AS
E:1528,046.528 "COPPERJ'IELD NORTHEAST'
``11111 l t l C t ? r l7r?rr,''i
SEAL
Ruby A oodwln, P.L.S. (L-3485) = L-3485 Q
/?????rrgirnm
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RG STREAM DESIGNATION
CHANGE
1
SURVEY FOR
Harris, Murr, & Vermillion, UC
Located : Twp # 4 Caborrus Co. Concord, N.C.
Tax Ref.: pin # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
.UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
. Dated : April 18, 2000
Scale : 1° = 60' Job 05 03 06
0' t51 30' 60' 120' 180' 240'
SHEET 2 OF 2
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HOU00
ST a
DR
S
SITE (*)
Vicinity Map : 1" = 2000'±
'COPPERFIELD,
Line Bearing Distance
L1 N 32' 49' 55' W 251.49'
L2 N 57' 10' 05' E 62.73'
L3 N 32' 49' 55' W 66.00'
L4 N 32' 49' 55' W 300.00'
L5 N 57' 10' 05' E 92.99'
L6 N 32' 49' 55' W 50.00'
L7 N 32' 49' 55' W 235.84'
LS N 57' 48' 13" E 1377.97'
L9 S 33' 54' 59' E 407.92'
L10 S 2'9.26' 22' W 459.34'
L11 S 35" 48' 35' W 323.94'
L12 S 39' 13' 02' W 185.95'
L13 5 54' 06' of W 19184'
L14 S 59' 53' 36' W 47.92'
GRID M ONUMENT TIE
L19 N 61' 38' 19' E 812.36'
GRID BEARING AND DIST.
GROUND MEASURE DIST 812.48'
COMBINED FACTOR : 0.9998511
Contours shown dt TWO FOOT intervals.
VERTICAL DATUM TRANSFERED TO THE SITE AND BENCHMARK
ESTABLISHED 2/$/98 BY DIFFERENTIAL LEVELING SURVEY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, "U2633-5" ELEVATION 717.91
REFERENCE SURVEY #1.
A-411
?m wM Ue wi.
,..+., 11W Y¦
This plat Is subject to any rights-of-way, easements,
or agreements of record prior to date of survey.
d.l.p. = Existing Iron Pipe, as described (FOUND)
e.l.r. = Existing Iron Rod, as described (FOUND)
n.l.p. = New Iron Pin, (SET)
ep-+-- Computed Point / No Physical Monumentation
w..." r . w
,.Ir"?t." Mllil ?"" ?•-av?n44 I rr",.r I ",.., `w - j 1... r.,Yq
M w,1 LL? ' ' '""'.," • LY" "_ _ ux I---.. wi". '??J... r." 'a id mlr..l 2* LS
7 IT T?
? \?' ? \ ? ? n 111 ????
(1 ?? ?,1 f ?`lll` 111 111 l t? J?/Jr ?j \l 1
1 / ( BECINNINO? ^-? ?
\\fJ?llt¢IERMITT Ni-SI:t SHEET i / STREAM AREA
('n •P• ?l ,?,,,?,? 111 STREAM ~ FOE!QDETAII.S/ DISTURBED DURING ?
l SEDIMENT POND CLEANOUT
l
?\ \ \ _ % I1 I r \\` 111 S?El4f C. INTERMD
M
OA-i
Ills ?`??
?K I i.,,," u
M%r.r
g
1
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Curve Radius Chord Bearing end Distance Are Length
Ca 1317.39' S 46' 39' 20" W 422.80' 424.64'
I, Ruby A. Goodwin, certify that this plat was drawn
by me from an actual survey made under my supervfslon
\ ?/' ?\ 1 WEi1 ANOS A5 Fl ACGED
BY HART k HICIO.IAN, PC
?I \ \ \ \? ?\ \, j \ \ \\????I (J09 \ 129 -
t y `I \ `! I I exist
rre..r., 112" j .t.p R/W MONU.
l?
RAILROAD
IRON
0
ewl.r s.,1/2"
Line Bearing Distance
L15
L S 33' 54' 59' E 49.91'
L S 29' 26' 22" W 67.16'
17
L N 33' 54' 44' W 66.12'
L
L18 N55'10' 12"E. 60,03'
rOR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
=:?= xiSt exist U12 SEE PLAT RELEASED BY THIS COMPANY
ONU.
POINT OF R/W MONO. APRIL 7, 2005 - JOB # 050306 - SCALE : 1" = 60'
., + BEGINNING ?r 13 " C1 NCGS MONUMENT
L14 _ L19; WATER'
e.l.r., 1/2/ N : 629,035.504
N : 628,649.607 n.l.p. by ??;.n E : 1,527,949.241
E : 1,527,234,390 exist R/W MONU. NAD 83 - NC GRID
NAD 83 - NC GRID (disturbed) COORDINATES
COORDINATES
and that the ratio of preclelon to 1 : 24,088. 1?unulrr,rrr
=0 OF?SSA0
Q SEAL C' t
Ruby A. dwin, P.LS. (L-3485
) L-3485
,??. .
Mel C. Thompson & Associates, PA rgrll111111oo1`1``
PPOPESSIONAL LAND SURVEYORS
303 South. Malin Street
K2nna.polis, N.C. 28081
Telephone [phone]
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RC STREAM DESIGNATION
CHANGE
'TH19 CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES") UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE. UNLESS THERE 13 A CHANCE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERNINATION OF SECTION 404
JURISDICTION MAY 9E RELIED UPON FOR A PERIOD NOT TO
EXCE'ED FIVE NEARS-MOM THIS DATE THIS DETERMINATION
WAS MADE U=INP, THE 1987 ARMY CORPS OF ENGINEERS
WE LANDS DELINEATION MANU . '
NAME
( gned by U.S, Army C o of Englneers
TITLE:
DATE: --"I L"4, JcX' 2d- I i -VD 3
FILE NO.: low 3 1?3?
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERFIELD NORTHEAST"
SURVEY FOR
Harris, • Murr, & Vermillion, LLC
Located : Twp # 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin' # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : 1" 200' Job # 05 03 06
D' 50' 100' _ 200' 400' 600' B00'
SHEET 1 OF 2

Appendix C
Photographs
Hart & Hickman, PC

Y a
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Photograph 1: Existing Sedimentation Basin.
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? ti Hart & Hlckma? 2923 South Tryon Svcct-Suitt 100 I PROPOSED LOWE'S SITE I
Charlotte, Nonh Carolina 28203 CONCORD, NORTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 (n) 704-586-0370 (n

Photograph 2: Wetland Area in April 2005.

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Photograph 3: Intermittent Stream in September 2005 (note channel partially vegetated).
? ti Hart & Hickman 2923 South Tnon Street-Spite 100 I PROPOSED LOWE'S SITE I
Charlouc, North Carolina 28203 CONCORD, NORTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 (n) 704-586-0370 (f)
s
i
Appendix D
Avoidance and Minimization
Hart & Hickman, PC

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Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.
Minimization
To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.
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Appendix E
NCEEP Approval
Hart & Hickman, PC

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PROGRAM My
Matt Ingalls
Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
April 29, 2005

Project: Development at Dale Earnhardt Blvd/I-85 County: Cabarrus
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 will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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 will be mitigated are summarized in the following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 to 0 0
03040105
* <Sr?r pho oe Lcr7?ess?f*D?ro
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts `''/
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The magnitude of the compensatory mitigation ex,-°/
will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation Slow
will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and -M it
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 Carol Shaw at [phone].
cerely, C:1"""tiJrlf
Wt tam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
I Rut-oriptg... E ... Prot--"' Our State
X&A
lMENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
2 n n 5 1 9 8
1
Pre-Construction Notification
1 Proposed Lowe's Store
Concord, North Carolina
1
1 H&H Project No. FAK-066
October 20, 2005
1
1
1
1
1
1
1
i tiffart & Hickman
Hart & Hickman, PC
1 2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
1 704
586-0007 phone
1 586-0373 fax
1

Office Use Only: Form Version March 05
0 0 5 1 9 4 8
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
' I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
' 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39

0

n

0

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), p e U V
II. Applicant Information ?`"
O.GT 2 t ?00,5
1. Owner/Applicant Information p`
Name: Lowe's Home Centers, Inc. "'t>nr,? , A. wrt<
.tlo?o?
Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656 ';Etgyii HRMCN
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Matthew.L.Mintonna,lowes.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman PC
Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: mbramblett(a,harthickman.com
Page 1

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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: Proposed Lowe's Home Improvement Warehouse of N. Concord
' 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
' 3. Property Identification Number (Tax PIN): 5622796338
4. Location
' County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
' Take Interstate I-85 north out of Charlotte NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the right behind the Cabarrus
Regional Chamber of Commerce Building.
'
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
6. Property size (acres): 17.08
7. Name of nearest receiving body of water: Unnamed Tributary to Cold Water Creek
r 8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
' River Basin map is available at http://h2o.enr.state.ne.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: The property is currently undeveloped cleared land.
The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.
Page 2

10. Describe the overall project in detail, including the type of equipment to be used:
' The site will be graded and filled as noted on Figure 3.
Heavy equipment will be used for the site work.
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
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.
H&H met with Amanda Jones on-site on June 15, 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downgradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
2005 (Appendix B).
V. Future Project Plans
' Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
' VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
' should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

Page 3

' 1. Provide a written description of the proposed impacts:
The impacts proposed for this project are limited to filling an 150 ft portion of a disconnected
' intermittent stream. The stream is currently disconnected from downgradient waters by a
generally stormwater sedimentation basin installed more than 5 years ago (Appendix Q.
The wetland impacts are for filling a small 0.24 acre wetland in the center portion of the property
1
2. Individually list wetland impacts. Types of impacts include, but are not limited to
1 mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.

Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain
es/no
Distance to
Nearest
Stream
linear feet
Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
1 3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
1 impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
' plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.
n
H

n
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
11 to 19 Unnamed Tributary Fill Intermittent 6 150 0.021

Total Stream Impact (by length and acreage) 150 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
1 Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.

1 Page 4

Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 150
' 7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): Wet ponds with earthen dams/embankments
' Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
' Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 fl?
Permanent Pool, 40,161 ftz top of bank
' VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
' information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
' Page 5

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VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htrnl.
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.
Due to the disturbed nature of this site by past mass grading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (150 ft) and the low quality nature of the stream (Appendix C).
An April 29, 2005 acceptance letter from NCEEP is attached (Appendix E). H&H is in the
process of extending the NCEEP approval letter for 6 more months.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
Page 6

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additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None per pre-app meeting /Corps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
' 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

1 Page 7
1

1 3.

II

XI. Stormwater (required by DWQ)
Zone* (square mpact Multiplier Re fired Mitigation
1 3 (2 for Catawba)
2 1.5 -
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavement and gavel. The post-
developed impervious area totals 15.69 acres and consists of building roof tops, pavement
sidewalks, and concrete curbs and gutters. Therefore, the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwaterand erosion control plans will be submitted for
regulatory approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
1 Page 8

If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable
r,

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Applicant/Agent's Signature l6ate "
(Agent's signature is valid only if an authorization letter from the applicant is provided - See Appendix
A)
1 Page 9

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TITLE
4000 SITE LOCATION MAP

PROJECT
PROPOSED LOWE'S STORE
CONCORD, NORTH CAROLINA
ti Hari & Hiftfl 2923 South "loin Street-Snits 100
North Carolina 28203
Charlotte
3
,
A I-E-1-1- CORPCi-- 704-586-0007 (p) 704-586-0370 (0
DATE: 10-11-05 REVISION NO: 0
JOB NO: FAK-066 FIGURE NO: 1

11
N liigure 2
Cabarrus County: Soil Sun-cy
2923 South Tryon Street-Suite 100 PF
Hart & HAM Charlotte, North Carolina 28203 CON
A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0373
=D LOWE'S SITE
NORTH CAROLINA

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Appendix A
Agent Authorization
Hart & Hickman, PC
AGENT CERTIFICATION OF AUTHORIZATION
I. MRrrN9w At 4,representing Lowe's Home Centers, Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land (parcel no.
5622796338) situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County, NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
•Ap licant's signature
Lowe's Home Centers, lqc..
sic. S-S bZJUM0 V- "AW?
to ltp 1 D S
Date
Agent's signature
Hart & Hickman, PC
September 23, 2005
Date
11AAA-Mi.m ProjwMrmd-d K.,,IT .vi1FAK-Wd. N ('-&A-14114 APPf.AChNY (TTY dh

U.S. ARMY CORPS OF ENGINEERS
' WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
' NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris, Murr, Vermillion, LLC / c/o Hart & Hickman
Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
' Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adjacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
' Indicate Which of the Followine Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
' We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
' Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
P

We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit condu
Corps Regulatory Official:
Date September 27, 2005
Expiration Date September 27, 2010
Page 1 of 2

r
Action Id. 200531833
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 818-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
' unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
' Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
' "Isolated Determination Information Sheet" to the file copy of this form
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
28203
I

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Line Bearing Distance
L1 N 32' 49' 55' W 251.49'
L2 N 57' 10' 05" E 6.73'
L3 N 32' 49' 55" IV 60.00'
L4 N 32' 49' 55" W 300.00'
L5 " N 57' 10' 05" E 92.99'
L6 N 32' 49' 55" W 50.00'
L7 N 32' 49' 55' W 235.84'
L8 N 5T 48' 13" E 1377.97'
L9 S 33' 54' 59" E 407.92'
L10 S 29' 26' 22" W 458.34'
1-11 S 35" 48' 35' W 323.94'
L12 S 39' 13' 02" W 155.95'
L13 S 54' 05' Olin W 192.84'
L14 S 59' 53' 35' W 47.92'
GRID M ONUMENT TIE
1-19 N 81' 38' 19' E 81235'
GRID BEARING AND DIST.
GROUND M EASURE DIST. 812.48'
COMBINED FACTOR : 0.9998511
Contours shown dt TWO FOOT Intervals.
VERTICAL DATUM TRANSFERED TO THE Siff AND BENCHMARK
ESTABLISHED 2/$/98 BY DIFFERENTIAL LEVELING SURVt:Y FROM
NCOOT STATION MONUMENT, REBAR AND CAP, "U2833-5" ELEVATION 717.91
REFERENCE SURVEY #i.
lie w`..
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Curve kadlus Chord Bearing and Distance Are Length
C1 1$17.39' S 46' 39' 20' W 42280' 424.64'
"- -
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This plat is subject to any rights-of-way, easements,
or agreements of record prior to date of survey.
d.l.p. = Existing Iran Pipe, as described (FOUND)
e.l.r. = Existing Iron Rod, as described (FOUND)
n.t.p. = New Iron Pin, (SET)
ep--.--.= Computed Point / No Physical Monumentation
ltla N..11. I w; ?.,;•, I W?? I MYe?e .wt MF.4Y 1
_ -._..___ -?..- u ?---__-_'Y_J.--_?- 4Y L-...?- IiBJ__ w.• ? 1 nl?rur I .._. .....
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RAILROAD
IRON
SEE SHEET 2 STREAM AREA
DISTURBED DURING
/n .P.?? STR' FO`DETAR S?SEDIMENT POND aZANOUT ;"L"-`I
I )
JJ
` V C \ \ i / I `\\` rlr SnifAM ?G INTERMEND
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\ ?. .- \\ \ \? V -? _ 87
??": \ \\ \ \V / \\ 1 DS AS FLAGGED i
?r ?
?(\ \ \ ?, ,/ \ BY HART B HICKMAN, PC „;,
(II\ \ \\\ \\?; j \? ?? (JOB 1HC-129
"}I? \ !? 1 "?j/f I l exist.
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`l -` ` / r??1 \\ \ I R/W MONU.
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Line Bearing Distance
L15 S 33 54 59 E 49.91
Lts S 29' 26' 22" W s7.16
L17 N 33' 54' 44' W 80.12'
L18 N 56' 10' 12" E . 60,03'
L?2 cP rOR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
xlst exist.
SEE PLAT RELEASED BY THIS COMPANY
"? " R MONU. y?
POINT OF I1 .\ R/W MONU. .11 BEGINNING %r 13 -1' C1 NCGS MONUMENT
L19, 'WATER'
----------- _ N : 629,035.504
e.(.r., 1L14 l '.n-.l.p. by + u E :1,527,949.241
N : 828,649,607 exist R/W MONL. NAD 83 - NC GRID
E :1,527,234.390
NAD 83 NC GRID (disturbed) COORDINATES
-
COORDINATES
and that the ratio of preclsion to 1 : 24,098, Atk1111111111r1,rr!'
I, Ruby A. Goodwin, certify that We plat was drawn
by me from an actual survey made under my supervision
Ruby A. dwln, P.LS. (L-3485)
Mel G. Thompson & Associates, PA
PROFESSIONAL LAND SURVEYORS
303 South Main Street
Kannapolis, N.C. 28081
Telephone (704) 938-•4661
??•aFESSIo 'L'?•
Q SEAL r
L-3485
SL '
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RG STREAM DESIGNATION
CHANGE
APRIL 7, 2005 - JOB # 050306 - SCALE : 1" = 60'
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES') UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE UNLESS MME IS A CHANCE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY PE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE `tWS.FROM MS DATE THIS DETERMINATION
WAS MADE UTILIZiNC THE 1987 ARMY CORPS OF ENGINEERS
14E1LANDS DELINEATION MANUAL."
NAME ' ? "-/
(goad by U.S, Army it of Engin
TITLE:
DATE:
FILE NO.: 3 13,
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERFIELD NORTHEAST'
SURVEY FOR
Harris,' Murr, & Vermillion, LLC
Located : Twp # 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin' # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : 1" = 200' Job # 05 03 06
¦eee,?l„e .
0' 5o' 100' . 200' 400' 600' Boo,
SHEET 1 OF 2
H
,
"CInityMap : 1" = 2000'±
u
Id",

.
INTERMITTENT STREAM
WL25 VA-26 FLAG Northing EcAing
r i 1-1 629579 787 1527689 036 07t, INTERMITTENT SIRE
VL11
VL12 629500.859
6295
6
85 1527526.843
5
3
7 YL29 629513.450 1527475.497 VL47 629634.105 1527717.813 P6 629574.760 1527932889
'

YL
3 .
2
7
629537
047 275
5.
51
1
7 VL30 629524.731 1527493.892 YL48 629827.050 1527715.378 P7 629585.173 1527955.643 '?35
RCP /'
AW
1 . 152
548.817 VL31 629534.895 1527512723 YL49 629622354 1527705.745 Pal 629696.246 1527981.706 FL
TDP: 675
9
YL14
YL15 629537.733
629532.058 1527534.944
1527523
343 VL32
VL33 829542.129
629550
727 1527528.149
1527539
527 VL50
VL51 629512205
629604
785 1527661.095
1527675
193 P9
P10 629707.793
629723
905 1528007.277
1528019
530 X690 .
INV.: 672.9
1'1.16 629524.933 .
1527505.155 VL34 .
629558.709 .
1527554.152 VL52 .
629602530 .
1527685.430 P11 .
629732357 .
1626035.042
•VL17 829519.551 1527495.094 YL35 829559.973 1527550.917 YL53 629609.126 1527705.374 PIZ 629713.677 1528051.640 ENO INTERMITTENT STREAM
YL18 629510.008 1527477.803 VL33 629565.517 1527582.491 YL54 629513.059 1527722.032
' P13 629707.113 1528048.995
YL55 629610.707 1527755.475 P14 629700.423 1528031.593
P15 629698.293 1528010.847 10
016- 029608 115 152798 X
WL2 •`? ' VA.14 WL46 VA.47 1
1 YA 18 RL16 VA-3 1-9 629640.163 1527834.922
WL19 '' YA 36 VL51 WL50 it . , WL48 1-10 629636.862 1527819.527
WLI7 KL15 WL12 1'4-13 „ 1-11 629622.500 1527787.089
I YA 20 it ,, . . 1-12 629514.3131527768.539 /......... _ .._ ..?.... _ _._ ........... _ .. ?..... ..
J VL21 YA 11 K16 A 52
1-1 82 YA49
WL7 53
YA 10
,,
it ','1.54 ?8
J ? ---- --, ` ? WL9 VA.B \ WL2 V+L1 ,? `'„ • 1-12 1-11 f 1 N?FP3 e.I.r 1
/ 10p---^ \\ / 1 z 1 , / STREAM AREA I I I 2 ,
\ \ \ \ ` BEGINNING 1-? 1 6 P4 P5 DISTURBED DURING 1
SEDIMENT POND CI,EANOUTI /
INTER
STREAM MITTENT 1-7 P8 P7 684 7PI HEILANDS AS FLACCED l?TE Rf 7w, P2 P21 P9
1
P19 BY HART & HICKMAN. PC P20 ? INTER1 682
, `. \ 1 1 ? / g5
YEILAND AREA \ \ \ \ \ \ \ \ \ Jos f SHC-129 8r? \ Pi8 P17 18P16 ?„ ,STREAM - P12y 5G? 6065 1
FLAG Nnrthing Easllng FLAG Northing Ecsting FLAG Northing Ecsting .` P15 to PONDM?T ?P(??5g1
VLt 629571.765 1527675.390 YL19 629501.177 1527465.562 YL37 829572159 1527567.00{ ,.. ? \ P14 y 4?OR,1? e.l.r. ?2
YL2 629555.018 . 1527655.537 YL20 629491.631 1527459.355 VL38 629578.232 1527577.432 `, \ \ P13 \ ¢EBP6ao i / ?/
VL3 829557.524 1527825.225 YL21 629468.669 1527459.921 YL39 629585.847 (527574.993
YL4 629547.212 1527002.921 YL22 529481.972 1527431.651 YL40 029584.383 1527587.356 INTERMITTENT STREAM \ 4r1?I, / ?/?
VL5 829540.505 1527577.031 VL23 629492299 1527431.857 VL41 029590.392 1527607.704 FLAG Northng Ecsting \ \ I \686\ ! , r //
YL6 629525.312 1527560.583 YL24 829497.092 1527422785 VL42 629595.541 1527825.492 P1 629542463 1527849.316
YL7 629515.911 1527553.050 VL25 629511.530 1527494.110 VL43 624511.427 1527654.085 P2 629646.232 1527859.455
YL8 629509.580 1527548.164 YL26 629515.824 1527414.432 YL44 629521.371 1527674.168 P3 629652.527 1527874.439
VL9 629504.124 1527549.333 YL27 629510.484 1527432654 YL45 629531.779 1527697.216 P4 629664.254 1527896.959 X 678
VL10 629495.391 1527528.528 YL28 829511.769 1527454.392 W-48 629637.113 1527714 381 P5 629571501 1527910.187
I 3 019
VA.27 &3 ? // ML35 /? ~ X69 \ 1-2 629581.105 1527702.809 N.C. GRID
1 WL28 ? 1-3 629590.776 1527724.670 NAD 83
\ WL2 ` WL3 If M-39 p? 1-4 629596.714 1527749.727 /
YA 3 1-5 629808.551 1527770.201
WL23 V,1_29 YA 31 riL33 B wl4o WL41 ` WL45 1-6 629515.739 1527794.958 /
&42 1-7 529526.183 1527819.948 /
?1. ,, YA 43 WL44 1-8 629632.563 1527838 717 /
1 \ \ ?, 668
'THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ("WATERS OF THE UNITED STATES-) UNDER
SECTION 404 OF THE (LEAN WATER ACT FOR THE SUB,FCT
PROPERTY AS DETERMINED BY THE UNOERSIG4ED ON THIS
DATE. UNLESS THERE IS A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEARS FROM THIS DATE THIS DETFRIdMATION
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS
WETLANDS DELINEATION MANUAL'
,
P17 629677.130 1527955,878
P18 629669.480 1527930.091
P19 629668.594 1527914.703
P20 629858.352 1527903.456 SEE SHEET 1 FOR OVERALL VIEW
P21 629847.388 1527880.492
P22 629637.487 1527848.825
SPECIFIC PURPOSE SURVEY
elclsl (STREAM DELINEATION)
R/W Ma4U. OF THE 24.298 ACRES SITE KNOWN AS
E 1 528,04fi 528 "COPPERFIELD NORTHEAST'
NAME: I g,YAMQ
gned by U.S. Army C rps of Engineers)
TITLE
DATE ??? ,11111UUrrrr,q,?
CAI?
FILE NO..
Q .pFESg70y• 7
Q? SEAL `Yr-
Met G. TtwrTlpso7Z & AsMiates, PA bAi - L-3485
PROFESSIONAL LAND SURVEYORS Ruby A oodwln, P.L.S. (L-3485)
303 South Main Street f / ° ti
Kannapolis, N.C. 28081 ?1 X1 5 '?,? '''•...,.,••''p??``
Telephone [phone]
SURVEY FOR
Harris, Murr, & Vermillion, UC
Located : Twp # 4 Cabarrus Co, Concord, N.C.
Tax Ref, : pin # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
.UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
. Dated : April 18, 2000
Scale : 1•' = 60' Job # 05 03 06
0' 15' 30' 60' 120' 180' 240'
SHEET 2 OF 2
REVISION CHART
DATE INITIALS EXPLANATION
5/20/2005 RC STREAM DESIGNATION
CHANGE

t

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Appendix C
Photographs
Hart & Hickman, PC
..•T

s 7 x rt +

A PROFESSIONAL CORPORATION 703-586-0007 (p) 704-586-0370 (f) Photograph 2: Wetland Area in April 2005.
2923 South ?%F'Hdrt & Hickman Cha lone North slr i[B ioo I PROPOSED LOW SITE I
Chrlonc, Noah Carolina nr 28203 CONCORD NORTH CAROLINA

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15
Photograph 3: Intermittent Stream in September 2005 (note channel partially vegetated).
fiart & Hlekma? 2923 South Tryon Street-Suite 100 I PROPOSED LOWE'S SITE
Charlotte, North Carolina 28203 CONCORD, NORTH CAROLINA ;I
PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0370 (f)

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Appendix D
Avoidance and Minimization
Hart & Hickman, PC

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Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.

H

F

To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.

7

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Appendix E
NCEEP Approval
Hart & Hickman, PC
U
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cos stem r
e. e PROGRAM MAY t} 4 2405
Matt Ingalls
Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
April 29, 2005
I U L.-i.° - -
Project: Development at Dale Earnhardt Blvd/I-85 County: Cabarrus
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 will expire. It is the applicant's responsibility to send
copies of the 404/4011CAMA permits to NC EEP. 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 will be mitigated are summarized in the following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 Cam, 0 0
03040105
* asrei phooc GaL/es•fro?rn
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The magnitude of the compensatory mitigation eA,°?
will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation Sh4r?
will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and -AkTt.
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 Carol Shaw at [phone].
cere y,
Wi iam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
KutDYG1?5... E ... Prot", Our State
MUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

rtiBarl&gickman
Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax
0 0 .5 1 9 4 8
Pre-Construction Notification
Proposed Lowe's Store
Concord, North Carolina
H&H Project No. FAK-066
October 20, 2005

n
Office Use Only: Form Version March 05
?r7'?51 948
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
' I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
0

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3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information

1. Owner/Applicant Information UL- 1 2 1 2005
Name: Lowe's Home Centers Inc.
Mailing Address: P.O. Box 1111, North Wilkesboro, NC 286?d?suaDSrc?&
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:_ Matthew.L.Mintona,lowes.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: mbramblettna,harthickman.com
Page 1

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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: Proposed Lowe's Home Improvement Warehouse of N. Concord

2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
' 3. Property Identification Number (Tax PIN): 5622796338
4. Location
' County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
' Take Interstate _1-85 north out of Charlotte, NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the right behind the Cabarrus
Regional Chamber of Commerce Building

' .
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
' 6. Property size (acres): 17.08
7. Name of nearest receiving body of water:.. Unnamed Tributary to Cold Water Creek
' 8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
' River Basin map is available at http://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: The property is currently undeveloped cleared land.
' The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.

t Page 2

10. Describe the overall project in detail, including the type of equipment to be used:
' The site will be F-raded and filled as noted on Figure 3.
Heavy equipment will be used for the site work.
I11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
' 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.
H&H met with Amanda Jones on-site on June 15, 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
' wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downgradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
2005 (Appendix B).
V. Future Project Plans
' Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
VI. Proposed Impacts to Waters of the United States/Waters of the State
' It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
' riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

Page 3

1. Provide a written description of the proposed impacts:
The impacts proposed for this project are limited to filling an 150 ft portion of a disconnected
' intermittent stream. The stream is currently disconnected from downgradient waters by a
generally dry stormwater sedimentation basin installed more than 5 ergo (Appendix Cj
The wetland impacts are for filling a small 0.24 acre wetland in the center portion of the property
1
2. Individually list wetland impacts. Types of impacts include, but are not limited to
' mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.

Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
3. List the total acreage (estimated) of all existing wetlands on the property: 0.24

1

I I
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiDly length X width. then divide by 43.560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
11 to 19 Unnamed Tributary Fill Intermittent 6 150 0.021

Total Stream Impact (by length and acreage) 150 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
' Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
n
Page 4

J
0
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the moiect:
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 150
' 7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
' applies to waters that have specifically been determined to be isolated by the USACE.

8. 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.): Wet ponds with earthen dams/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
' Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 fl
Permanent Pool: 40,161 ft2 top of bank
' VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
' information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
' were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
Page 5
11
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
' Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
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.

F
L

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://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.
Due to the disturbed nature of this site by past mass PradinQ,_we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (150 ft) and the low quality nature of the stream (Appendix C).
An April 29, 2005 acceptance letter from NCEEP is attached (Appendix E) H&H is in the
process of extending the NCEEP approval letter for 6 more months.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
Page 6

additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None per pre-app meeting w/Corps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
' 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

Page 7

Zone* s umpact Multiplier M ti Required
1 3 (2 for Catawba)
2 1.5 -
Total
. Lone 1 extends out 3l) feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate. information as identified
within 15A NCAC 2B .0242 or .0244, or. 0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavement and gravel The post-
developed impervious area totals 15.69 acres and consists of building roof tops pavement
sidewalks, and concrete curbs and gutters. Therefore the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater and erosion control plans will be submitted for
regulatory approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIH. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8

' If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
' http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
t XV. Other Circumstances (Optional):
' It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
' work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable

L

1

Applicant/Agent's Signature ]fate /
(Agent's signature is valid only if an authorization letter from the applicant is provided - See Appendix
A)
1 Page 9

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APPROXIMATE TITLE
N 0 2000 4000 SITE LOCATION MAP
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SCALE IN FEET PROJECT
PROPOSED LOWE'S STORE
CONCORD, NORTH CAROLINA
U.S.G.S. QUADRANGLE MAP
ti Hart & Heckman Charlotte, South Tryon Street-Suite 3 100
CONCORDharlotte, Noah Carolina (f
rNC 1969 C A 1-113.1-AL CORPORATION 704-586-0007 (p) 701-SRI-0370 (?
70
REVISED/INSPECTED 1987
QUADRANGLE DATE: 10-11-05 REVISION NO: 0
7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: FAK-066 FIGURE NO: 1

N Figure 2
Cabarrus Countv: Soil Survey
2923 South harlotte, , tte N Tryotthon Carolina na 282 3
Y Char03
Hart & Hickman C
LL A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0373 (f)
PROPOSED LOWE'S SITE
CONCORD, NORTH CAROLINA
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Appendix A
Agent Authorization
Hart & Hickman, PC
AGENT CERTIFICATION OF AUTHORIZATION
I, MRrru9w A(.rroJ,representing Lowe's Home Centers, Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land (parcel no.
5622796338) situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County, NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
,Ap licant's signature
Lowe's Home Centers, lqc..
sk S-6 bzju o - NN
to ltn'D S
Date
Agent's signature
Hart & Hickman, PC
September 23, 2005
Date
X IAAA-Mwo 11f Iw Or-1-d Kaultuma Ak-,Ww, N C.wwdw-l dM ApIZAGA:N1 (Tlkl Jk
1
I

[l
0

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n

Appendix B
Jurisdictional Determination
Hart & Hickman, PC
r?
I_.I
U.S. ARMY CORPS OF ENGINEERS
' WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris, Murr, Vermillion, LLC / c/o Hart & Hickman
' Address: Attn: Matt Bramble"
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
' Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adiacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
' Indicate Which of the Following Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
H-
I
n-
I
u

0

1

We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit condu
Corps Regulatory Official:
Date September 27, 2005
Expiration Date September 27, 2010
Page 1 of 2

Action Id. 200531833
' Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
' Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
' Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
' • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
' "Isolated Determination Information Sheet' 'to the file copy of this form.
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
' 28203

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OPAL ST
HOLLAND
ST
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UNMRSI
OR
SITE (#)
Vicinity Map ; 1" = 2000'±
Contours shown dt TWO FOOT Intervals.
VERTICAL DATUM TRANSFERED TO THE SITE AND BENCHMARK
ESTABLISHED 2/$/98 BY DIFFERENTIAL LEVELING SURVEY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, "U2833-5" ELEVATION 717.91
REFERENCE SURVEY #1,
'COPPERFIELD,
NORTHEAST'
?.?a•+.M Ue rh
m-w
•.rn.
Line Bearing Distance
L1 N 32' 49' 55" W 251,49'
L2 N 57' 10' 05" E 62.73'
L3 N 32' 49' 55' W 60.00'
L4 N 32' 49' 55" W 300,00'
L5 " N 57' 10' 05' E 9199'
L6 N 32' 49' 55' W 50.00'
L7 N 32' 49' 55" W 235.84'
18 N 5T 48' 13" E 1371.97'
L9 S 33' 54' 59' E 407.92'
L10 S 19' 26' 22' W 459.34'
L11 S 35' 48' 35' W 323.94'
L12 S 39' 13' 02" W 185,96'
L13 S 54' 06' Ot' W 19184'
L14 S 59' 53' 35' W 47.92'
GRID M ONUMENT TIE
L19 N 81' 38' 19" E 812.35'
GRID BEARING AND DIST.
GROUND M EASURE DIST 812,48'
COMBINED FACTOR : 0,9998511

"itlM
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.auhr
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This plat Is subject to any rights-of-way, easements,
or agreerhents of record prior to date of survey.
M.P. = Existing Iron Pipe, as described (FOUND)
e.i.rr. = Existing Iron Rod, as described (FOUND)
n.l.p. = Now Iron Pin, (SET)
cp-+-= Computed Point / No Physical Monumentatlon
,r ?, •1•ti. w M
W,.
N
PIw•w MI,K,iw M.i.+''?iµ I "',w,lir I r"•a? w•+.a nt T
M"w 4V •n•„" . r.l••.w l.lw•w "Iw•a, I w.,. ? M4. ".+l ••.•.
-i?- -.?...- Uy _-_..-_?_--??__?._f.- .a,a J? L_?tW.?r 48'?I?_ M?'?~ L"1_ ,. rw, w•• ui .._. .....
r-lr.1 2" L8
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46.
RAILROAD
(? r ?"_ 1?-) t(\//1 \\\ J ?// ?T\ IRON
AW
a.irol2' ) > 1 ` ice. `\ \?? ?f)11?r . \\\ r - f 1 -?
1\ 5EE SHEET 2 DISTURBED DURING STREAM AREA A
i
STREAM FO`DETA?SEDIMENT POND CLEANdUT'--sr"""'
J?l
S77?FAAf iNTiERMI L
\ \\ ?? ,?\\ lily.
?J$TR
07t, -4
\ \ V ?/' \\ 1 DS AS FLAGGED
\ \ \? ,/ \ 1 BY HART fc HICKMAN. PC
(I Q
s
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t
Curve kadlus Chord Bearing and Distance Arc Length
Ca 1317,39' S 46' 39' 20" W 422.80' 424.64'
PPOPESSIONAL LAND SURVEYORS
303 South, Malin Street
Kannapolis, N.C. 28081
Telephone [phone]
"W L19` WATER
L14 ` -- .._. N : 629,035.504
N : 628,649,607 n.1.p. by +tl E : 1,527,949.241
E : 1,527,234.390 exist R/W MONU. NAD 83 - NC GRID
NAD 83 - NC GR[0 (dicturbed) COORDINATES
COORDINATES
end that the ratio of pracislon is 1 : 24,088. 11111llrprr,?
CM-
±`?,?,?oFESSI0
Q SEAL C
Ruby A dwin, P.LS. (L-3485) L-3485
S
Mel C. Thompson & Associates, PA
I, Ruby A. Goodwin, certify that this plat was drawn
by me from an actual survey made under my superAslon
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RG STREAM DESIGNATION
CHANGE
;?Yll lit
exist
e.l.r., 1/2" L2 n.l.p ?/X/?Il\\ \ R/W MONU.
s.,1/2"

Lino Snoring Distance
L15 S 33.54' 59' E 49.91'
L16 S 29' 25' 22' W 67.16'
L17 N 33' 54' 44' W 60.12'
L18 N 56' 10' 12" E . 60;03'
I ;+ Ii 1 xlst ) I ; r , 0 CP FOR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
\ - R MONO. q? exist SEE PLAT RELEASED BY THIS COMPANY
POINT OF k ? \ .11 / R/W MONU, " ,
6ECINNINC ?%. 7• NCGS MONUMENT APRIL 7, 2005 -JOB 050306 -SCALE ; 1 = 60
13 C1 "
'THIS CERTIF[- THAT THIS COPY OF THiS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON TNIS
DATE UNLESS THERE IS A CHANCE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY PE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE 'IEARS,FROM THIS DATE THIS DETERMINATION
WAS MADE UTINO, THE 1987 ARMY CORPS OF ENGINEERS
WETLANDS DELMINEATION
P11AII-el NAME
( geed by U,S, Army s of Englneera
TITLE:
DATE _ -"n?II LWl,XJc?,+?' d- I I YUDS
FILE NO.:
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERFIELD NORTHEAST"'
SURVEY FOR
Harris,' Murr, & Vermillion, LLC
Located : Twp # 4 Cabarrus Co, Concord, N.C.
Tax Ref.: pin' u 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : 1" = 200' Job # 05 03 06
50' 100' 200' 400' 600' 600'
SHEET 1 OF 2
e
u
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L11
N
E
N.C. GRID
NAD 83

1L20 . ' I-1T 6296143 J'' ... .. _
INTERMITTENT STREAM
WL25 WL26 10p` ??// \ RAG Northln9 Ecsting
I-1 629579.787 1527689.035 BEG. INTERMITTENT STREAM
1-2 629581,10S 1527702809
- / WL35
?. YIL27 M-28 11
1-3 629590.776 1527724.870
\ WL2 ` t3WL3 WO WL39 _ 1-4 629598.714 1527749.727 /
I WL29 w131 / Tl-3 B Kt41 \ t-5 629806.551 1527770.201
Y?L23 WL3 WL VA-451 629615.739 1527794.968
1 „ " " „ µt43 1-7 629626.183 1527819,846
1 P14 1,144 ? 1-8 629632563 1527838.717 /
YL14 -? YL46 VA-47 YlL19 Y4Lt8 WL16 41L50 1-9 629640.163 1527874,822
Wt13 ` µL36 Y VA-51 WL48 1-10 629636.852 1527819.527
l YL17 14L15 Yd.12 .- • 1-11 -629622500 1527787.099 /
V102 829525.867 1527535.751 VL30 829524.731 1527493.892 YL48 629627.050 1527716.376 P7 629685.173 1527956.643 / ?6' RCP /'
YL13 629577,047 1527548.817 VL31 629534.895 1527512723 VL49 629522384 1527705.745 P8 629695.246 1527981,705 TOP: 675.9 FLOW
YL14 629537.733 1527534.944 YL32 829542129 1527526.149 M50 629512.205 1527681,095 P9 629707.793 1528007.277 X690 iNV.: 072.9
YL15 629532058 1527523.343 M33 629550.727 1527539.527 YL51 629604.785 1527675.193 P10 629723.905 1528019.530
VL16 629524.933 1527505.155 VL34 829558.709 1527554.152 YL52 629602530 1527685.430 P11 629732357 1528035.042
•YL17 529519.551 1527495.094 YL35 829559.973 1527550.917 YL53 629609,125 1527708.374 PIZ 629713.677 1528051.640 ENO INTERMITTENT STREAM
VL18 529510.008 1527477.803 YL3S 629566.517 1527582491 YL54 829613.059 1527722.032 P13 629707.113 1528048.996
YL55 629610.707 '1527755.475 P14 629700,423 1528031.593 ?p1p?
.. \._... ..
1 1
/ e.i.r11/2"
57R s
EAM AREA 1
DISTURBED DURING
74 SEDIMENT POND CLEANOUTI / I l
1310 r-
f 1
Pli
RMIITTTENT;``` X682 f f o bbg I
,STREAM P12 +61
RAG
YL1 Northing
629571.765 Ecsting
1527575.390 RAG
YL79 143rthLig
629501.177 Easting
1527465.962 RAG
YL37 Northing
629572159 East(ng
152158.001 . ? - P15 r SEDIMENT d0
POND ?.r.,l2'
YL2 629565.018 . 1527655.537 VL20 629491.631 1527459.365 YL36 829578:232 1527577,432 P13 6 EgFr
YL3 828557.574 1527828.225 YL21 629468.669 1527459.921 YL39 629589.847 1527574.993 R
W-4
YL5 629547,212
829
5
5 1527802.921 YL22 629481.972 1527431.681 YL40 829584.383 1527587.358 INTERMITTENT STREAM

YL6 540.
0
629525
312 1527577.031
1527560
683 YL23
YL
4 629492.299
629
97
69 1527431.887 YL41 529590.392 1527607.764 RAG Northing Easting
B6`
YL7 .
629516.911 .
1527553.050 2
YL25 4
.
2
829511.530 1527422785
1527404.110 YL42
YL43 629595.541
629811.427 1527825.492
1527654.085 P1
P2 629542463 1517849.316
629646.232 1527859.455 /
YL8 629509.580 1527546.164 1126 629515.824 1527414.432 VL44 629621.371 1527574.168 P3 629552.527 1527874.439 -
68?
YL9 629504.124 1527540.333 YL27 529510.484 1527432654 YL45 629531.779 1527697.216 P4 629554.254 1527896.959

YL10

YL11
629495.391

829500.889
1527528.528

1527525 843
VL28

YL29
829511.789

629513 450
1527454.392

1527476 497
YI-45

YL47
629637.113

629534105
1527714.351

1527717 813
P5

P6
629S71.501 1527910.187

629674760 152793

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686
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1
/ ? WL21 ? YfLil Y 1, Z Y'1S Yd.4s
WL7 1 157WL5 ' E1 8 [,L54 WL5r_z 5
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IN1FRMn1Et4T1-7
STREAM P6
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01, Y,'=TLANDS AS FLAGGED lht?1 P22
/' \ \ \ \
i- •? \ \ \ \ \ BY HART 8: HICKMAN, PC U?GI}f r P21 P20 P19
J03 # BHO-129 P17
MTLAND AREA P16 P16
t6 28'9
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ("WATERS OF THE UNITED STATES-) UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE. UNLESS THERE IS A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT To
EXCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION
WAS 14ADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS
%`ETLANDS DELINEATION MANUAL"
NAME
TITLE
(?ylgned by U.S. Army( jC rps of Englneera)
II_ A C' e ai
DATE:-
FILE NO..531x?3
Mel G. Thompson & AssMiates, PA
PROFESSIONAL LAND SURVEYORS
803 South Main Street
Ka'nnapolis, N.C. 28081
Telephone [phone]
P15 629698.293 1528010.847 X10
P16 ' 629688,115 1527953,019
P17 629677,130 1527955,818
P18 629089.480 1527930.091
P20 6 9858352 11527914.703
527 03.458 SEE SHEET 1 FOR OVERALL VIEW
P21 829647.388 1527880.492
P22 629637.4B7 1527848.825
SPECIFIC PURPOSE SURVEY
e><?St (STREAM DELINEATION)
R/W MONU. OF THE 24.298 ACRES SITE KNOWN AS
E 1 528,046.528 "COPPERFTELD NORTHEAST'
,1111111Jn
??``?CAR<
0 %..'7
2 SEAL
Ruby A oodwin, P.L.S. (L-3485) = ; { L-3485
SUR
A iG (o
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RG STREAM DESIGNATION
CHANGE
SURVEY FOR
Harris, Murr, & Vermillion, UC
Located : Twp # 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
.UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
. Dated : April 18, 2000
Scale : 1" = 60' Job 05 03 06
D' 15' 30' 60' 120' lea' 24p'
SHEET 2 OF 2
B

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Appendix C
Photographs
I Hart & Hickman, PC
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Photograph 1: Existing Sedimentation Basin.
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ti Hart & Hickman 2923 South Tryon rte ioo I PROPOSED LOWE'S SITE I
Charlotte, North h Carolina a 2 28203 CONCORD, NORTH RTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 (o) 704-586-0370 (n
Photograph 2: Wetland Area in April 2005.

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Photograph 3: Intermittent Stream in September 2005 (note channel partially vegetated).
ti Hart & Hickman 2923 South Trion Street-Suite it2 ioo I PROPOSED LOWE'S SITE
Charlotte, North Carolina 28203 CONCORD, NORTH RTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0370 (f)

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Appendix D
Avoidance and Minimization
Hart & Hickman, PC

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Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.
Minimization
To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.
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Appendix E
NCEEP Approval
Hart & Hickman, PC

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1?-
Y 2005
PROGRAM
eos Istem a
Matt Ingalls
Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
April 29, 2005

Project: Development at Dale Earnhardt Blvd/I-85 County: Cabarrus
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 will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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 will be mitigated are summarized in the following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold cool Warm
Yadkin 0.24 0 0 0 CQO
. 0 0
03040105 *
* lcS?ei ?phvoc Lcrf?ei5.,/*o?sn
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The magnitude 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 SAs°W
will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and "'T'
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 Carol Shaw at [phone].
cerely,
Wi lam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
2Z"t7orj;1?5... E ... Prot" our St&&
?'?Ll
MEW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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Pre-Construction Notification
Revision 1
Proposed Lowe's Store
Concord, North Carolina

H&H Project No. FAK-066

October 28, 2005

DEC 7 2005
' WETLAN SANDSTpRMyy'MRR
BRANCH

' 'Hart & Hickman
Hart & Hickman, PC
' 2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
' 704
586-0007 phone
586-0373 fax
???
43
? ? ??
?? ?.
??

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
' I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
' ? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
' 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
' 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is (see a NP rth Carolina Divisiop o? tal Managem ?t Area of
' Environmental Concern see the to of l5 UT/
II. Applicant Information DEC 7 ZUUS
O C T' 3 l 2005
1. Owner/Applicant Information DENR -WATER QUALITY DENit . WATER 0Ul?t,IlY
Name: Lowe's Home Centers, Inc. WETLANDS AND STGRMWATER E;RANfl p bt0"MWkTttt ARW4H
' Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656

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Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. S. Ton. Suite 100, Charlotte, 28203Suite 100, Charlotte, NC 28203
Telephone Number: [phone] Fax Number: [phone](704) 586-0373
E-mail Address: [e-mail]
Page 1
1
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
t 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: Proposed Lowe's Home Improvement Warehouse of N. Concord
' 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
' 3. Property Identification Number (Tax PIN): 5622796338
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
' Take Interstate I-85 north out of Charlotte, NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the right behind the Cabarrus
Regional Chamber of Commerce Building,
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
' Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
6. Property size (acres): 17.08
7. Name of nearest receiving body of water: Unnamed Tributary to Cold Water Creek
' 8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mays/.)
' 9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:_ The property is currently undeveloped cleared land.
' The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.
Page 2

10. Describe the overall project in detail, including the type of equipment to be used:
The site will be graded and filled as noted on Figure 3.
' Heavy equipment will be used for the site work.
I11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
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.
H&H met with Amanda Jones on-site on June 15, 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
' wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downgradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
' 2005 (Appendix B).
V. Future Project Plans
' Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
' The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
' wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
' permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
' should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
' space is needed for listing or description, please attach a separate sheet.

Page 3
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1. Provide a written description of the proposed impacts:
The impacts proposed for this project are limited to filling an 149 ft (or smaller) portion of a
' disconnected intermittent stream. The stream is currently disconnected from down arg dient
waters by a generally dry stormwater sedimentation basin installed more than 5 years ago
(Appendix Q. The wetland impacts are for filling a small 0.24 acre wetland in the center portion
of the prow

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2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
I1 to 19 Unnamed Tributary Fill Intermittent 6 149 0.021

Total Stream Impact (by length and acreage) 149 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
' Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.

Page 4

Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the nrniPrt-
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 149
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
' the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): Wet ponds with earthen dams/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
' Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 ft2
Permanent Pool; 40,161 ft2 ton of bank
' VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
' information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
' were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
Page 5

I VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
' streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
' Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
' aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
' and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
' http://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.
Due to the disturbed nature of this site by past mass grading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
' because of the small impact (149 ft or less) and the low quality nature of the stream
(Appendix Q. A October 21, 2005 acceptance letter from NCEEP is attached (Appendix E).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 6
IX.
? X.
website at http://h2o.enr.state.nc.us/wM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None (per pre-app meeting w/Corps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify. V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Page 7

F,

L

Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5 -
Total
. .one i extends out :w feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavement and gravel The post-
developed impervious area totals 15.69 acres and consists of building roof tops,
sidewalks, and concrete curbs and gutters. Therefore the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater and erosion control plans will be submitted for
regulatory approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
ri

XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8
r
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Annlicable

o/z rlo
(Agent's signature is vali&b if an authorization letter from the applicant is provided - See Appendix
' A)
L E
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Page 9

(ry
Hcrllmans
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APPROXIMATE TITLE
N 0 2000 4000 SITE LOCATION MAP
SCALE IN FEET PROJECT
PROPOSED LOW E'S STORE
U.S.G.S. QUADRANGLE MAP CONCORD, NORTH CAROLINA
Awe Hari & HickEn 2023 South 'rth Street-Suite 2100
CONCORD,NC 1969 Charlouq North Carolina 2 28203
REVISED/INSPECTED 1987 A PROFE6SIONAL CORPORA7n- 704-586-0007(p) 704-586-0370 (Q
QUADRANGLE DATE: 10-11-05 REVISION NO: 0
7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: FAK-066 FIGURE NO: 1

Figure
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Cabarrus Counm Soil Sun-ev
io 2923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
u
Y hart & Uickmdfl Charlotte, North Carolina 28203
LL A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0373 (f) CONCORD, NORTH CAROLINA

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Appendix A
Agent Authorization
Hart & Hickman, PC
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AGENT CERTIFICATION OF AUTHORIZATION
I. Mf%,mAi W 1 ,91„I,representing Lowe's Home Centers, Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land (parcel no.
5622796338) situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County. NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf' and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
Ap licant's signature
L.owe's Home Centers, lqc..
st. S,(c ??1voE r' N
to ltd ??S
Date
%\AAA-M.Mm 1'og1o11F 1m.JI::ud7mand'AK-i M,6 N fo.wM'NI 4114 AppItAGI.NI'(YflT do.
Agent's signature
Hart& Hickman, PC
September 23, 2005
Date
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Appendix B
Jurisdictional Determination
Hart & Hickman, PC

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris, Murr, Vermillion, LLC / c/o Hart & Hickman
Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adiacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
Indicate Which of the Followinlj Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
- We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of thus notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit conducted n June 15, 2005.
Corps Regulatory Official: (1AAAPJ, Date September 27, 2005 Expiration Date September 27, 2010
Page 1 of 2

G

Action Id. 200531833
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
28203
s
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Line Bearing Distance
L1 N 32' 49' 55' W 251.49'
L2 N 57' 10' 05" E 6173'
L3 N 32' 49' 55" W 6400'
L4 N 32' 49' 55" W 300,00'
L5 " N 57' 10' 05' E 92,98'
L6 N 32' 49' 55" W 50.00'
L7 N 32' 49' 55" W 235.84'
L8 N 57' 48' 13" E 1377.97'
L9 S 33' 54' 59' E 401.92'
L 10 S 29' 26' 22" W 459.34'
L11 S 35' 48' 35" W 323,94'
L12 S 39' 13' 02" W 185,96'
L13 S 54' 06' 01' W 192,84'
L14 S 59' 53' 36" W 47.92'
GRID M ONUMENT TIE
L19 N 61' 38' 19' E 812.36'
GRID BEAR ING AND DIST.
GROUND MEASURE DIST. 812.48'
COMBINED FACTOR : 0,9998511
Contours shown dt TWO FOOT Intervals.
VERTICAL DATUM TRANSFERED TO THE S1 E AND BENCHMARK
ESTABLISHED 2/2/98 BY DIFFERENTIAL LEVELING SURVEY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, "U2833-5" ELEVATION 717.91
REFERENCE SURVEY 11.
MtlC ri
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Curve Radius Chord Bearing end Distance Arc Length
C1 1817,39' S 46' 39' 20" W 422.80' 424.64'
I, Ruby A. Goodwin, certify that this plat was drawn
by me from an actual survey made under my cupeMslon
I
i
This plat is subject to any rights-of-way, easements,
or agreements of record prior to date of survey.
d.l.p. = Existing Iron Pipe, as described (FOUND)
o.i.r. = Existing Iron Rod, as described (FOUND)
n,l.p. = New Iron Pin, (SET)
cp--4& Computed Point / No Physical Monumentation
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INTERM[TTFN,
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\ V ?\ 1 wEiLA1{0S AS FLAGGED
\ \? ?, .? y? \ \ BY HART k HICKMAN, PC
?I \ \ ?? \\ v j ?\ \\? Jtifl QOg 1 129
exist.
1.l.p I`\ \ -` / / I ??lJrr \ \\ \ ` R/W MONU.
RAILROAD
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N.C. GRID
NAD B3
,1/2"
Line Bearing Distance
L15 S 33' 54' 59" E 49.91'
L 16 S 29' 26' 22" W 67,16'
L 17 N 33' 54' 44" W 60.12'
L18 N 56' 10' 12" E • 60.03'
Ii 1 21St I 0 `P I=OR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
R ,DIN-U. R/W MONU. SEE PLAT RELEASED BY THIS COMPANY
POINT rN %. ?` Nccs APRIL 7, 2005 -JOB 050306 -SCALE ; 1 = 60
P
GEG OINT OF 3 7• C1 MONUMENT
'WATER'
L14 ` ?. _ . L19_ N : 629,035.504 - 4-4
N : 628,649.607 Ln.l.p. by +?++ E : 1,527,949.241
E : 1,527,234390 exist R/W MONU. NAD 53 - NC GRID
, GRID (dIrturbed) COORDINATES
NAO 83 - N(:
COORDINATES
and that the ratio of preclslon Is 1 : 24,088. `???NU111Hr,?rq
..???\A CM
;???: o Essfo ' tiy'
Ruby A. dwin, P.L.S. (L-3485) ' Q SEAL 'Fr L-3485 -
sup`"
Mel G. Thompson & Associates, PA
PPOPESSIONAL LAND SURVEYORS
303 South Malin Street
Kon7rxpoliz4 N.C. 28081
Teleplwne [phone]
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RG STREAM DESIGNATION
CHANGE

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"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES') UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE UNLESS THERE IS A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY FE RELIED UPON FOR A PERIOD NOT 10
EXCEED FIVE YEARS,FROM THIS DATE THIS DETERMINATION
WAS MADE UTILIZiNP, THE 1957 ARMY CORPS OF ENGINEERS
41ETLANDS DELINEATION MANU
NAME LZW4??
• (goad by U.S, Army s of Englneera
TITLE
DATE: _Sf/ni?Y??f,L?(? A,6? 11 ?b?
FILE HO.: 3 I`I33
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24,298 ACRES SITE KNOWN AS
"COPPERI'IELD NORTHEAST'
SURVEY FOR
Harris,, Murr, & Vermillion, LLC
Located : TWp # 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin' r# 5622 79 2283
Deed Ref, : p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : 1" = 200' Job # 05 03 06
Cr?ar -
0' 50' 100' 200' 400' --600' cool
SHEET 1 OF 2
e
Vlcinity?Map : 1" = 2000'±

571
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1 rLAG Northing Eaating
I WL25 WL26 1-1 629579.787 1527689 035 BEG INTERMITTENT STREAM
VL14
YL15 629537.733
629532058 1527534.944
1527523.343 YL32
VL33 629542.129
629550.727 1521526.149
1527539.527 VL50
M51 629512.205
629604,785 1527681.095
1527675.193 P9
P10 629707.793
629723.905 1528007.277
1528019.530 X690 [NV,; G129
YL16 629524.933 1527505.156 VL34 829558.709 1527554.152 VL52 829602530 1527685.430 P11 629732.357 1528035.042
•YL17 529519.581 1527495.094 YL35 629559.973 1527550.917 YL53 629609,126 152770BZ74 P12 629713.677 1528051.640 ENO INTERMITTENT STREAM
VL18 629510.008 1527477.803 VL36 629566.517 1527582.491 YL54 629513.059 1527722032
' P13 629707.113 1528048.996
YL55 629510.707 1527756.475 P14• 629700.423 1528031.593
P15
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6296881 15 1528010.847
15
1-2 629581,105 1527702.809 N.C. GRID
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1 WL25 WI3 6,9
11-3 629590.776 1527724.870 NAD 83
I ` WL2 ` 1'''1.3 &3 W09 0? .` 1-4 629598.714 1527749.727
WL29 K31 WL33 g WL41 \ 1-5 e29505.551 1527770.201
WL23 ? WL40 ?- 45 1-6 629615,739 1527194.968 /
1 " " i '. WL42 Y,L43 - 1-7 529525,183 1527819.948
I WL2 r WL44 Y1146 ` 1-8 629632.563 1527838.717
18 WL16 V'1'14 WL3 WL47 1-9 629540A63 1527634.922
I l WL19 " WL13 I WL36 M-51 WL50 , WL48 1-10 629636.862 1527819.527 /
WLl1 'At15 „ 1-11 629622.500 1527787.089 /
I YA 20 WL12 1-12 629614.313"1527760.539 _ .._ _?.... _ _._ ............ _ .. ?._... ..
YA27 M-35 19
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/ \ \ \ \ \ \ BY HARTS AS A PC I GAi r P20 P19 „ END `.- 682
VE1LAfID AREA \ \ \ \ \ \ ` \ \ . ?87? ` P18 Pt6 ,,, INTERMIITTEN : P12 > 5?1 ?6g5 I
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FLAG Northing Eoet6ng FLAG Northing Eaeting FLAG Northing Eaating ?- P15 SEDIMENT P(t+ W? J 0?
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W-1 629571.765 1527675.390 VL19 629501.177 1527455.962 YL37 629572159 15275fl7 4
YL2 629555.018. 1527655.537 YL20 629491.631 1527459,355 VL33 829578:232 1527577.432 ? `. _ \ \ ? P14 P13 \ ? E P6a0?
0
V1_3 629557.524 1527828.225 YL21 629468.669 1527459.921 YL32 629585.847 1527574.993
VL4 629547.212 1527002.921 YL22 629481.972 1527431.551 YL40 629554.353 1527587.358 INTERMITTENT STREAM
VL5 829540.505 1527577.031 YL23 629492.299 1527431.857 YL41 629590.392 1527607.704 FLAG Northing Easting r \ \ ?\? I^ 86\? JI ?? /
YL6 629525.312 1527560.683 YL24 829497.892 1527422.785 VL42 629595.541 1527825.492 P1 629642.463 1527849.316f
VV 629516.911 1527553,050 YL25 629511.530 1527404,110 YL43 629511.427 15276541085 P2 629546.232 1527859,456
YL8 629509.580 1527546.164 K28 629515.824 1527414.432 VL44 529521.371 1527674.168 P3 629552.527 1527874.439
VL9 629504,124 1527540.333 YL27 529510.484 1527432854 YL45 629531.779 1527697.216 P4 629554.254 1527895.959
YL10 629495.391 1527528528 YL28 829511.789 1527454.392 W-45 629537.113 1527714.381 P5 629671.501 1527910.187 \ 688 / ?l I ?? 678
VL1 1 629500.859 1527525.8 VL29 629513.4 1527475.497 YL47 629534.105 1527717.813 PG 629574.760 1527232232
YL12 829526,657 1527535.7541 VL30 829524.73 1527493.892 W-48 829527.050 1527716.378 P7 629665,173 152795S 643 \ \ / 5' RCP
YL13 629537 047 1827548 817 VL31 629534 895 1527512.723 1Y.49 629622354 1527705 745 08 629595 246 1527981 706 \ TDP' 675 9 FLOW
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS' THE BOUNDARY OF REGULATORY
JURISDICTION ("WATERS OF THE UNITED STATES') UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE UNLESS THERE 1S A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTON MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS
WETLANDS DELINEATION MANUAL"
NAME;
Xr.M. U.S. Arm C rps of Engineers)
TITLE
nATE 21, 2w?
FILE NO.; ? ?5- 1> t K
Mel G. Thompson & AssMiates, PA
PROFESSIONAL LAND SURVEYORS
803 South, Main Street
KannapoIis, N.C. 28081
Telephone [phone]
279 870
,
P17 629577,130 1527955,878
PIS 629669.480 1527930.091
P20 6622668.594 1527914.703
29858.352 1521903.458 SEE SHEET 1 FOR OVERALL VIEW
P21 629847.388 1527880.492
P22 829637.487 1527848.825
SPECIFIC PURPOSE SURVEY
exist (STREAM DELINEATION)
R/W MONU. OF THE 24.298 ACRES SITE KNOWN AS
N: 629,483,646
E.1528,045.528 "COPPERFIELD NORTHEAST"
tt?,tuuurr,r?r
CA/?O'-,,
Q
.
SEAL .
Ruby A oodw(n, P.L.S. (L-3485) = 1 L-3485
AilrtIGOQ
REVISION CHART
DATE INITIALS EXPLANATION
8/20/2005 RC STREAM DESIGNATION
CHANGE

SURVEY FOR
Harris, Murr, & Vermillion, LLC
Located : TWp 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
.UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
. Dated : April 18, 2000
Scale:: 1" = 60' Job 05 03 06
01 15' 30, 60' 120' 160' 240'
SHEET 2 OF 2

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Appendix C
Photographs
Hart & Hickman, PC
AWHart & Hickman 2973 South Tryon Street-Suite 100 I PROPOSED LOWE'S SITE I
Charlotte, North Carolina 28203 CONCORD NORTH CAROLINA
Photograph 1: Existing Sedimentation Basin.
Photogral
2923 South Tryon Street-Suite
Charlotte, North Carolina 282

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Appendix D
Avoidance and Minimization
Hart & Hickman, PC

Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.
Minimization
To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.
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Appendix E
NCEEP Approval
Hart & Hickman, PC
Y _
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--,Ecos stem . I OCT 2005 ?
..- I Li
PROGRAM
October 21, 2005
Matt Bramblett, PE
Hart & Hickman
2923 South Tryon Street, Suite 100
Charlotte, NC 28203-5449
Project: Lowe's of North Concord County: Cabarrus
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.

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This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 0 150 0 0
03040105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely, p
NIT-n
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W ' n D. Gilmore PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Steve Chapin, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
R-estDYGGt9... E ... Pro t"' Our It-ate., ?
1CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
}
C?S -- I q q 2
Pre-Construction Notification
Revision 1
Proposed Lowe's Store
Concord, North Carolina
H&H Project No. FAIL-066
October 28, 2005
'Hart & Hickman
Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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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 ? C? F? 0 v 19
1. Owner/Applicant Information OCT' 3 1 2005 -?
Name: Lowe's Home Centers Inc.
Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656 t° ,?nsr`,11ra,antcrc:MWA'rrFts nt?cN
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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
e 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: Proposed Lowe's Home Improvement Warehouse of N. Concord
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 5622796338
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
Take Interstate I-85 north out of Charlotte, NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the right behind the Cabarrus
Regional Chamber of Commerce Building.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
6. Property size (acres): 17.08
7. Name of nearest receiving body of water:_ Unnamed Tributary to Cold Water Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://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: The property is currently undeveloped cleared land.
The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.
Page 2

10. Describe the overall project in detail, including the type of equipment to be used:
The site will be graded and filled as noted on Figure 3.
Heavy equipment will be used for the site work.
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
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.
H&H met with Amanda Jones on-site on June 15, 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downgradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
2005 (Appendix B).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
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1. Provide a written description of the proposed impacts:
The impacts proposed for this project are limited to filling an 149 ft (or smaller) portion of a
disconnected intermittent stream. The stream is currently disconnected from down rag dient
waters by a generally dry stormwater sedimentation basin installed more than 5 years ago
(Appendix Q. The wetland impacts are for filling a small 0.24 acre wetland in the center portion
of the property
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
11 to 19 Unnamed Tributary Fill Intermittent 6 149 0.021

Total Stream Impact (by length and acreage) 149 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
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Open Water Impact
Site Number
(indicate on ma)
Name applicable) ) Waterbody
(if ap
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the broiect:

H
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water hn act (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 149
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): Wet ponds with earthen dams/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 ft2
Permanent Pool; 40,161 ft2 ton of bank
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
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1 VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmgide.htmi.
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.
Due to the disturbed nature of this site by past mass grading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (149 ft or less) and the low quality nature of the stream
(Appendix Q. A October 21, 2005 acceptance letter from NCEEP is attached (Appendix E).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
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website at http://h2o.enr.state.nc.us/wM/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None (per pre-app meeting /Corps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
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Zone* Impact
(square feet)
Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5 -
Total
Gone 1 extends out 3U feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 213 .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavetent and gravel. The nost-
developed impervious area totals 15.69 acres and consists of building roof tops pavement
sidewalks, and concrete curbs and gutters. Therefore, the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater and erosion control plans will be submitted for
re ulg atory approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
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If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable
o z? oS
z Applicant/ gent's gnature date
(Agent's signature is valid-only-if an authorization letter from the applicant is provided - See Appendix
A)
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APPROXIMATE
N 0 2000 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CONCORD,NC 1969
REVISED/INSPECTED 1987
TITLE
SITE LOCATION MAP
PROJECT
PROPOSED LOWE'S STORE
CONCORD, NORTH CAROLINA
00
ti Hart & HickmanCharlotte,
North
Sarolina i 2 3
Charbuc, North Carolina 28203
A PROFESSIONAL CORPORATON 704-586-0007(p)704.586-0370(1)
QUADRANGLE
DATE: 10-11-05 REVISION NO: 0
7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: FAK-066 I FIGURE NO: 1

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Tryon Street
2923 South -4
North Carolina
HickmanCharlotte,
YAL CORPORATION 704586-0007 (p) 704-586
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Appendix A
Agent Authorization
Hart & Hickman, PC,
C

AGENT CERTIFICATION OF AUTHORIZATION
I, A14104) representing Lowe's Home Centers, Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land (parcel no.
5622796338) situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County, NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
Ap licant's signature
L.owe's Home Centers, h1c.
at. Sm b;zwa ? " N
to L) I IN S
Date
(AAA•M;o,. P1,111101 IMI nd Kmj1Tmanl1:AA-wd, N Co.wMUUl 414 Apld'.AQI.NI ('(:R1 Jn
Agent's signature
Hart & Hickman, PC
September 23, 2005
Date
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F-
Appendix B
Jurisdictional Determination
Hart & Hickman, PC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris, Murr, Vermillion, LLC / c/o Hart & Hickman
Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adjacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
_ We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks:
Corps Regulatory Official:
Date September 27, 2005 Expiration Date September 27, 2010
Page 1 of 2
La
Fi
C?
Action Id. 200531833
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
28203

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Contours shown dt TWO FOOT Intervals.

VERTICAL DATUM TRANSFERED TO THE SITE AND BENCHMARK
ESTABLISHED 2/2/98 BY DIFFERENTIAL LEVELING SURVEY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, "U2833-5" ELEVATION 717.91
REFERENCE SURVEY J'1.
1.411 o.w.M LLC Wr
m-w
MI?.1ry?
.-I I
Vicinity Map 2000'±
J oe-'iT•'
?K
IIII M?I?
w:nr
This plat is subject to any rights-af-way, easements,
or agreements of record prior to date of survey.
d,l.p, =Existing iron Pipd, as described (FOUND)
ed.l.r. tt Existing Iron Rod, as described (FOUND)
n.i.p. = New Iron Pin, (SET)
cp-+ Computed Point / No Physical Monumentation N.C. GRID
NAD 83
,IIw?iN 1.1 •?"w Mw. a..r Mn ..r,t..r W..t ,..
Il,rui'ili'" ,11 w}w I /.,..la _? W J., t.?{t .i? 11 M4..+,My¦
MM11 11. •.?..• ua. . •.I." . lil. ?.iR ? ,. ?W RW •Iw :wr ; 'I
k
- r ?? --? ti IX1Si.
RAILROAD
IRON
IN,

Line Bearing Distance
L1 N 32' 49' 55" W 251.49'
L2 N 57' 10' 05" E 6273'
L3 N 32' 49' 55' W 60.00'
L4 N 32' 49' 55" W 300.00'
L5 .. N 57' 10' 05' E 9199'
L6 N 32' 49' 55" W 50.00'
L7 N 32' 49' 55" W 235.84'
LS N 57' 48' 13" E 1377.97'
L9 S 33' 54' 59" E 407.92'
L10 S 19' 26' 22" W 459.34'
1-11 S 35' 48' 38' W 323,94'
L12 S 39' 13' 02' W 185.96'
L13 S 54' 06' 01" W 192.84'
L14 S 59' 53' 36" W 47.92'
GRID M ONUMENT TIE
L19 N 61' 38' 19" E 812.36'
GRID BEAR ING AND DIST.
GROUND MEASURE DIST. 812.48'
COMBINED FACTOR : 0,9998511
..NM.M M.."I
I l " u
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• w. „,- " N
e I e.LG, 1/2' L
r. ww?u
POINT x ? ?k
Cure Radius Chord Bearing end Distance Are Length
Ca 1317.39' S 46' 39' 20" W 422.60' 424.64'
I, Ruby A. Goodwin, certify that this plat was drawn
by me from an actual survey made under my cupenisfon
BEGINNINGS ?
(? '111 \.. , ?
//r \ n `?,?JII SiME SEE SHEET 2 / RM REA
2' FO f? DETAILS DiURBED DURING
I 1 \ wlj,,,?N SEDIMENSTT POEANDACLEAiIOUTEND
STET'
\ 1. ?? ?\ ?l V wEiUNDS AS FLAGGED
J \? \ \ r ,/ , , BY HART is HiCKMAN, PC
X11 \ \ \ 1 \l- • \\\? Illy 1rV /ll I ; - ^ `exist
n p \ \ -? \ / ??? ?1 \\ \ J RAY MONU.
0
r
s..1/2"

Line Bearing Distance
L15 S 33' 54' 59" E 49.91'
L 16 S 29' 25' 22" W 67.16'
L 17 N 33' 54' 44' W 80.12'
LIB N 56' 10' 12" E . 60.03'
I II 1 xist r ) I 1 09- cp FOR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
SEE PLAT RELEASED BY THIS COMPANY
R MONU. exist
RAY MENMONU. APRIL 7, 2005 - JOB # 050306 - SCALE ; 1" = 60'
6EG[NN?NC NCGS MONU
13 C1 .WATER'
L19`
e.i.r., 1/2?L141 - N : 629,035.504
N ; 628,649,507 n.i.p. by E : 1,527,949.241
E :1,527,234.390 exist, RAY MONU. NAD 03 - NC GRID
NAD 83 - NC GRID (disturbed) COORDINATES
COORDINATES
and that the ratio of praclslon to 1 : 24,086. Cllrrrrrrr?
?r A/?
aFESSr0 . tip;'.
) L-SEAL r'
Ruby A. dwin, P.LS. (L-3485 _
3485 ;
,,?rr? A GOpp??,,
Mel G. Thompson do Associates, PA "'rrnu?nt??
PROFESSIONAL LAND SURVEYORS
308 South Main Street
Kannapoltis, N.C. 28081
Telephone [phone]
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RD STREAM DESICNATION
CHANGE
'THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES) UNDER
SECTION 1,04 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE UNLESS MME IS A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY QE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEMS.FROM THIS DATE THIS DETERMINATION
WAS MADE UMRINC, THE 1957 ARMY CORPS OF ENGINEERS
1S:TLANDS DELINEATION MANU "
NAME:
• (geed by U.S, Army a of Engineers
TITLE
DATE ?r 11 LUVt?Jan' + Y4b?
FILE NO.: 3 13
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERFIEDD NORTHEAST'
SURVEY FOR
Harris, Murr, & Vermillion, LLC
Located : Twp '># 4 Cabarrus Co. Concord, N.C.
Tax Ref.: pin' # 5622 79 2283
Deed Ref.: p/o, Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : 1" = 200' Job # 05 03 06
0' 50' 100' 200' " 4001 Goo' Boo'
SHEET 1 OF 2
1

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a

YL11
829500.869
1527525.843
VL29
629513.450
1527475.497
k47
629634.105 2 14.381
1527717.813 1-5
PG 044
629574.760 1527910. 187
1527932859 1--
YL12
YL13 829526.857
629537
047 1527535.751
1527546
617 V00
VL31 629324.731
6
895
9534 1527493.892
7 VL48 629627.050 1527715.378 P7 629685.173 1527955.64) 6" RCP
. . .
2 152
512.723 M49 629522354 1527705.745 Pe 629695.248 1527981.7DG TOP: 9 FLO1V
675
YL14
YL15 629537.733
629532.068 1327534.944
1527523.343 VL32
VL33 629542129
629550.727 1527526.149
1527539
527 K.50
VL51 629612205
629604
785 iS21681.095
1527675
193 P9
P10 629707.793
629723
905 1528007.277
1528019
530 690 INV.: .
672.9
VL16 629524.933 1527505.155 VL34 629558.709 .
1527554.152 M52 .
829502530 .
1527685.430 P11 .
629732357 .
1528035.042
-M17 629519.561 1527495.094 YL35 829559.973 1527560.917 YL53 629609.126 1527705.374 P12 629713.677 1528051.640 ENO INTERMITTENT STREAM
VL18 629510.008 1527477.803 YL35 629566.517 1527582.491 YL54
YL55 629511059
95 1527722.a32
• P13 629707.113 1528048.996
62
10.707 1527755.475 P14 629700.423 1528031.593 ONP
P15 629698.293 1528010.647 N11
019 ' 629685115 1527987 01 \.
K1.14 ' " - 4. KL46 YA 47 1-9 529540.163 1527834.922
f ; Y8.,19 Y?L18 KL16 6 WL13 ( M-36 WL3 W51 WL50 WL48 1-10 629536.862 1527819.527
KL17 KL15 „ 1-11 629622500 1527787.089
1-12 -622614.313.1527768.539 / 1 _... _ . - \.... .
%61-21 V?L2 \ YL11 WL12 KL6 'r Vr152 Y&49
I \1 -? WL5 WL4 1-1 pit "
1r
I ? ? --- ? to YIL7 ? KL3 erly •,,?, "512° - , q
K •`\ 9
/ r- - - ` Yrt9 YrLB \ \ A 1 "1 I! 1-7 P1 / 1 1 1 _
-to
,,, P2 P5 ? DISTUSTREAM AREA e1r t/2*'
RBED DURING
?.. \ \ \ BEGINNING 1-4 1 S ?6 ?r,,, „ P3 P4 SEDIMENT POND C4EANQUT? /
-~ \ \ \ \ INTERMITTENT 684 J r
\ \ \ STREAM P22 n .? P7 P8? P10
P11 / ^ 1
/ ` \ \ \ \ 'Ell-RIDS AS FLAGGED L1?M1 P21 P9 .'' D . \ I J
?' \ \ \ \ \ \ \ BY HART & HICKMAN. PC GI}1 r P20 P19 „1NTERMI END ; ?` X682 1 / O 3g5
YFTLAND AREA JDB BHC-f 29 \ P18 P17 P16 ,STREAM P12 > c I f jS ?.6?
RAG Nerthtng Eesttnp FLAG NarthLng Ecstlnp FLAG Northing Eoit:nq ` P15 SODA ENT
YLt 629571.765 1527675.790 VL19 629501.177 1527465.962 VL37 629572159 1527587.Oo1 -- P ON
YL2 629555.018 . 1527655.537 YL20 629491.631 1527459.355 VL38 822578:232 1527577.432 ,_ ` \ P14 P13 gEgP6 01 ?/
YL3 829557.524 1527826.225 YL21 629468.869 1527459.921 YL39 629586.847 1527574.993 \ \? , I¢ J
YL4 629547,212 1527002.921 YL22 629481.972 1527431,651 YL40 829584.353 1527587.358 L4TE'RIATENT STREAM
YL5 829540.505 1527577.031 YL23 629482299 1527431.687 YL41 029590.392 1527607.704 RAC Nx1hLig Emting \ 686\ '? l ?? /
VLG 629325.312 1527560.683 YL24 829497.892 1527422785 YL42 529595.541 1327825.492 P1 629542463 1527849.315 \ \ I / / /
V0 629516.911 1527553.050 YL25 829511.530 1527404.110 YL43 629511.427 1527654.085 P2 629546232 1527859.456
YLB 629509.550 1527548.164 YL25 629515.824 1527414.432 VL44 629521.371 1327674.168 P3 629552.527 1527874.439 680
YL9 629504.124 1527540.333 VL27 529510.484 1527432554 YL45 629831.779 1527697.216 P4 629554.264 152789&959
YL10 629495.391 1527528528 YL28 829511789 1527454392 RL48 629637113 15 77 688 J? 678
1 \ \ \ INTERMrn`NT STREAM
t W1.25 V,L26 1p0 /?/? \ FLAG Northing Entfng
35 11-1 -2 629579.787 1527SE9.035
1527702.809 6EG.INTERMITIENT STREAM N.C. GRID
• \ \ ?. VtL27 WL26' KL3
WL2 ` WL3 / M-39 6gp\ 1-3 629590.776 1527724.670 NAB 83
Y,1 3 1-4 629598.714 1527749.727
K129 M31 8 KL41 \ 1-5 829506.551 1527770.201
KL23 KL33 Wt 45 1-6 629515.739 1527794.968 `
WL42 KL43 1-7 529525.183 1527819.948
,, ., WL44 ?, 1-8 629531553 1527838 717 /
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ("WATERS OF THE UNITED STATES") UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DAIS. UNLESS THERE IS A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE YEARS FROM THIS DAZE THIS DETERUrNATION
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS
WETLANDS DELINEATION MANUAL'
NAME:
reled by U.S. Army C rps at Engineers)
TI1LE
DATE;-
31X3
FILE No.' A%o ;I705
Mel G. Thompson & AssMiates, PA
PROFESSIONAL LAND SURVEYORS
809 South Main Street
Kannapolis, N.C. 28081
Telephone [phone]
P17 629677.130 1527955,878
P18 629669.480 1527930.091
P20 6629658.594 1527914.703
29858.352 1527903,458 SEE SHEET 1 FOR OVERALL VIEW
P21 829547.355 1527580.492
P22 629637.487 1527848.825
SPECIFIC PURPOSE SURVEY
e1<t5L (STREAM DELINEATION)
R/W MONU. OF THE 24.298 ACRES SITE KNOWN AS
E 1,528,046.528 "COPPERFIELD NORTHEAST"
SURVEY FOR
Harris, Murr, & Vermillion, LLC
REVISION CHAR r Located : Twp # 4 Cabarrus Co. Concord, N.C.
1?111NUrtrrprlDATE INITIALS EXPLANATION Tax Ref. pin r# 5622 79 2283
o??(\A CAR6/20/2005 RC STREAM DESIGNATION Deed Ref.: p/o Dbk 635, Pg. 21
CHANGE
STREAM LOCATION , APRIL 6, 2005
•9 = .UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Q sEAI ??' Original Boundary and Topographic Survey
Ruby A oodwin, P.LS. (L-3485) L-3485
R7; Dated :April 18, 2000
CQ f ZOf ZQ76 %??r '???c Scale : 1'•' = 60' Job 05 03 06
p
30' 60' 120' 160' 240'
SHEET 2 OF 2
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Appendix C
Photographs
Hart & Hickman, PC

2923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
AWHart & Hickman Charlotte, North Carolina 28203 CONCORD, NORTH CAROLINA
Photograph l: Existing Sedimentation Basin.
Photograph 3: Intermittent Stream in
vegetated).
2923 South Tryon Street-Suite
Charlotte. North Carolina 282
L:J

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Appendix D
Avoidance and Minimization
Hart & Hickman:, PC

Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.

To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.

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Appendix E
NCEEP Approval
Hart & Hickman, PC
a
0
Y
a-, -cos stem
PROGRAM
October 21, 2005
Matt Bramblett, PE
Hart &_, Hickman
2923 South Tryon Street, Suite 100
Charlotte, NC 28203-5449
Project: Lowe's of North Concord
County: Cabarrus

r
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 will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Warm

Yadkin
0.24
0
0
0 [
!t
150
0

0
03040105 :
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
.? . mil 0441
W ' n D. Gilmore PE
a rector
cc: Cyndi Karoly, Wetlands/401 Unit Director
Doug Huggett, Division of Coastal Management
Steve Chapin, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
RP?StO{? ... Ehka"... PrOtP,G Oar StGie, ?
ICDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
OS--IqL? p
Pre-Construction Notification
Revision, 1
Proposed Lowe's Store
Concord, North Carolina
H&H Project No. FAIL-066
October 28, 2005
?'Hdrt & Hickman
Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax
s

Office Use Only: Form Vcrsion March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area
Environmental Concern (see the top of page 2 for further details), chec Is V? '.J
II. Applicant Information I?
OGT 3,1 2005
1. Owner/Applicant Information
OCPiii • 1h1ATElI QUALITY
Name: Lowe's Home Centers, Inc. V,-
Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Matthew. L. [e-mail]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]

Page 1

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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: Proposed Lowe's Home Improvement Warehouse of N. Concord
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 5622796338
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
Take Interstate I-85 north out of Charlotte, NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the right behind the Cabarrus
Regional Chamber of Commerce Building_
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
6. Property size (acres): 17.08
7. Name of nearest receiving body of water:_ Unnamed Tributary to Cold Water Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htte:Hh2o.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: The property is currently undeveloped cleared land.
The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.
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10. Describe the overall project in detail, including the type of equipment to be used:
The site will be graded and filled as noted on Figure 3.
Heavy equipment will be used for the site work.
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
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.
H&H met with Amanda Jones on-site on June 15, 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downgradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the nronosed wetland impacts. The signed iurisdictional determination is dated Sentember 27,
2005 (Appendix B).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
UI
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1. Provide a written description of the proposed impacts:
The impacts proposed for this project are limited to filling an 149 ft (or smaller) portion of a
disconnected intermittent stream. The stream is currently disconnected from down rag client
waters by a generally dry stormwater sedimentation basin installed more than 5 years ago
(Appendix Q. The wetland impacts are for filling a small 0.24 acre wetland in the center portion
of the property
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2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
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Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(a res)
I1 to 19 Unnamed Tributary Fill Intermittent 6 149 0.021

Total Stream Impact (by length and acreage) 149 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.

Page 4
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Open Water Impact
Site Number
(indicate on ma) Name Waterbody
applicable) )
(if ap
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
0
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 149
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): Wet ponds with earthen dams/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):_ Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 ft2
Permanent Pool; 40,161 ft2 top of bank
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
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VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
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.
al If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://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.
Due to the disturbed nature of this site by past mass grading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (149 ft or less) and the low quality nature of the stream
(Appendix Q. A October 21, 2005 acceptance letter from NCEEP is attached (Appendix E).

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
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website at littp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None (per pre-app meeting wrps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Page 7

A
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5 -
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
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XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of pavement and gravel. The post-
developed impervious area totals 15.69 acres and consists of building roof tops, pavement
sidewalks, and concrete curbs and gutters. Therefore the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater and erosion control plans will be submitted for
re ulg ato_ry approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the City of
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
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If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:Hh2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable
(Agent's signature is validbrrrif an authorization letter from the applicant is provided - See Appendix
A)
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APPROXIMATE TITLE
N 0 2000 4000 SITE LOCATION MAP
SCALE IN FEET PROJECT PROPOSED LOWE'S STORE
'
U.S.G.S. QUADRANGLE MAP CONCORD, NORTH CAROLINA
1 )Wgad & giekmaIl2923 South Tryon Carte 100
CONCORD,NC 1969 Charlotte, North Carolina olina 28203
REVISED/INSPECTED 1987 A Pncwraa,CN4L Ccmtpc wr1ON 704-586-0007 (p) 704-586-0370 (Q
DATE:
10-11-05
REVISION NO: 0
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: FAK-066 FIGURE NO: 1
N Figure 2
Cabarrus County: Soil Survey
ftHart & HickmanCharlotte, 2923 South Tryon Stmt-Suite 100 PROPOSED LOWE'S SITE
North Carolina 28203 CONCORD, NORTH CAROLINA
A PROFE89I0NAL CORPORATON 704-586-0007 (p) 704-586-0373 (t)
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Appendix B
Jurisdictional Determination
Hart & Hickman, PC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris, Murr, Vermillion, i.LC / c/o Hart & Hickman
Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale Earnhardt Blvd., adiacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
Indicate Which of the Followinlj Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
a We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
_ We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit cond
Corps Regulatory Official:
Date September 27, 2005 Expiration Date September 27, 2010
u
Page 1 of 2
u
I
Action Id. 200531833
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channel on the property is an
unnamed tributary to Cold Water Creek, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Hart & Hickman, Attn: Matt Bramblett, 2923 South Tryon Street, Suite 100, Charlotte, NC
28203

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Contours shown dt TWO FOOT Intervals.
VERTICAL DATUM TRANSFERED TO THE SITE AND BENCHMARK
ESTABLISHED 2/2/95 BY DIFFERENTIAL LEVELING SURVEY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, "U2833-5" ELEVATION 717.91
REFERENCE SURVEY f1,
.4k 'COPPEMELD,
SITE (*)
Vicinity Map : 1" = 2000'±
Line Bearing Distance
L1 N 32' 49' 55" W 251.49'
L2 N 57' 10' 05" E 6273'
L3 N 32' 49' 55' W 60.00'
L4 N 32' 49' 35' W 300.00'
L5 " N 57' 10' 05' E 92.99'
L6 N 32' 49' 55' W 50,00'
L7 N 32' 49' 55" W 235,84'
LB N 57' 48' 13" E 1377.97'
L9 S 33' 54' 59' E 407,92'
L10 S 19' 26' 22' W 459.34'
L11 S 35' 48' 35' W 323.94'
L12 S 39' 13' 02' W 185,95'
L13 S 54' 06' 01' W 192.84'
L14 S 59' 53' 35" W 47.92'
GRID M ONUMENT TIE
L19 N 81' 38' 19' E 812.35'
GRID BEAR ING AND DIST,
GROUND MEASURE DIST 812,48'
COMBINED FACTOR : 0,9998511
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SEE STREAM AREA L5 STREAM 2• ( •P• 71 Kn• w 111 ` ORDETAEAB S/ DISTURBED DURING
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Line Bearing Distance
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L S 33' 54' 59' E 49.91'
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16 S 29' 26' 22' W 67.16'
L 17 N 33' 54' 44' W 80.12'
LIB N 56' 10' 12" E . 60.03'
II \ xist I : 1 0 ep FOR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
Rx MONU, SEE PLAT RELEASED BY THIS COMPANY
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POINT OF ONU
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. APRIL 7, 2005 - JOB 050306 - SCALE : 1 = 60
BEGINNING -1. C1 NCGS MONUMENT #
Curve Radius Chord Bearing and Distance Are Length
C1 1317,39' S 46' 39' 20" W 422.80' 424.64'
t, Ruby A. Goodwin, certify that thla plat was drawn
by me from an actual survey made under my supervlslon
WATER
e.l.r,, 1/2,/ / L14 N : 629,035.504 n.l.p. by N : 628,649,607 exist R R ? u E : 1,527,949.241
E : 1,527,234.390 exla/W 410NU. NAD 83 - NO GRID
NAD 83 - NO GRID (disturbed) COORDINATES
COORDINATES
and that the ratio of proclslon is 1 : 24,088, wItIl1a 1h,,
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Ruby A. dwln, = Q SEAL ?r-
P.L.S. (L-3485)
L-3485
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Mel G. Thompson & Associates, PA ''A11111111100,,`\
PPOPESSIONAL LAND SURVEYORS
303 South, Main Street
Kdnnapolis, N.C. 28081
Telephone [phone]
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This plat Is subJect to any rights-of-way, easements,
or agreements of record prior to date of survey.
d,l,p. = Existing Iran Plpd, as described (FOUND)
o.l.r. = Existing Iron Rod, as described (FOUND)
n.l.p. = New Iron Pin, (SET)
cp-+-= Computed Point / No Physical Monumentation
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FIT
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RG STREAM DESIGNATION
CHANGE
'TH19 CERTIFIES THAT THIS COPY OF THiS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES') UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE UNLESS THEK iS A CHANGE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS OETERUINATION OF SECTION 404
JURISDICTION MAY PE RELIED UPON FOR A PERIOD NOT TO
WN EXCEED U1MNO THE 11987 ARMY CORPS OF ENGINEERS
Y,ETLANOS DET.INEATION MANU
NAME
( gned by U,S, Army C e of ETtglneara
TITLE:
DATE?f t?1?' a 1,?
FILE NO.: lam
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERFIELD NORTHEAST #
SURVEY FOR
Harris,, Murr, & Vermillion, LLC
Located : Twp # 4 Cabarrus Co, Concord, N.C.
Tax Ref. ; pin' # 5622 79 2283
Deed Ref, : p/o Dbk 655, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : • 1" = 200' .-Job ,# 05 03 06
D' 5o' 100' 200' 400' 600' Soo'
SHEET 1 OF 2

WL25 M-26 1p0 ???//
1 „ I "1-42 YrL43 1y144 1-7 629626,183 1527819.948
" ,, '? --- 1-8 629532.583 1527838.717
WL2 WLt 8 WL16 4114 "- Y1.46 WL47 _
19 629640.161 1527874.822
` I WL19 ?' (WL36 VA.3 Vr151 WL50 V,1_48 1-10 629635.862 1527819.527
1 I Y?L20 X17 t 5 ? X12 X13 ,? 1-11 629522.500 1527787.089
/ WL21 WL11 WL6 ,' Y1S2 4149 1-12 629514.3131527758.53! /' _?.... _ -._ ............ _ \_...
1 WL5 VL4' '?? !-1 1dS3 '1_54
I --- 10 WL7 WLJ „ V,-'L5-51 9
Y,L2 `'' • ?', 1-12 _ 1- / I / r ?- /
/ -- 9 Y11 "• 1 11 1 1 1 1
YrL „ Pt elf 1/2"
K
"`•„?P2 STREAM AREA 1 ? t
DISTURBED DURING
\ INTFRMi{ITT?1T 1 5 1-6 1-7 " ,„ P3 P4' 684 5? E{i POND C?EANOUTI
PPs I 1
STREAM P22 \ vr.,, P7 P8 P9 P10 Ptl
\ \ ` \ \ 'ASTLANDS AS FLAGGED 11 R141 P21 P19 "Jam'' END
\ \ \ \ \ \ BY HART HICKMAN, PC DI 7'6 r P20 INTERMITTEN ; /682 j ? 0 ?bg I
YFTIAhU AREA JOB BHC-129 P18 P17 \ ,,?51REAM P12 > 11 I /6?
FLAG Nothing Ecsting FLAG Northhg Ecsting FLAG Northing Easting P16 P15 SDSEDIMENT
P g?5
YLt 629571.765 1527675.390 k19 629501.177 '1527465.952 VL37 629572,159 1527587.001 ?.. \ \ P14 POOND b';IaN 191?? e.l.r.,?2'
YL2 629555.018 . 1527555.537 YL20 629491.631 1527459.355 VL33 828576:232 1527577,432 5 P
14.3 829557.524 1527825.225 VL21 629468.669 1527459.921 VL39 6295BS.847 1527574.993 \ \ P13 ?E6 g9
YL4 629547.212 1527002.921 YL22 629481.972 1527431.681 YL40 829554.383 1527587.358 INTERMITTENT STREAM
~ \ l v -11
??j
YL5 829540.505 1527577.031 VL23 629492299 1527431.857 VL41 829590.392 1521607.704 FLAG NxthLig Ecsting __. \ \ I ^
YL6 629525.312 1527560.683 YL24 829497.892 1527422785 VL42 629595.541 1527825.492 P1 629542463 1527849.316 \ \ \
VL7 629515.911 1527553.050 YL25 629511.530 1527404.110 YL43 629511.427 1527654.085 P2 629546.232 1527859.455
VL8 629509.580 1527548.164 VL25 629515.824 1527414.432 YL44 829521.371 1527674.168 P3 629552527 1527874.439 \ \ 666
YL9 629504.124 1527540.333 YL27 829510.484 1527432654 YL45 629631.779 1527697.216 P4 629564.254 1527898.959 X686 J ` \ 678
YL10 629495.391 1527528.528 YL28 829511.789 1527454.392 YL45 619537.113 1527714.381 P5 629671.501 1527910.187
VL11 829500.889 1527528.843 YL29 629513.450 1527476,497 YL47 629534.105 1527717.813 P6 629574.76D 1527832889
VL12 529526.857 152753S.751 VL30 829524.731 1527493.892 W-48 629527.050 1527716.378 P7 629655.173 1527955.641 6' RCP
VL13 629537.047 1527548.817 VL31 529534.895 1527512723 "L49 629522364 1527705.745 PB 629695.248 1527981.706 TOP: 675.9 FLOW
VL14 629537.733 1527534.944 VL32 829542.129 1527526.149 YL50 629512205 1527681.095 P9 629707.793 1528007.277 X690\ INV.: 672.9
VL15 629532058 1527523.743 VL33 629550.727 1527539.527 VL51 628604.785 1527675.193 P10 629723.905 1528019.530
YL16 629524.933 1527505.155 VL34 829553.709 1527554.152 YL52 829602.530 1527685.430 P11 629732357 1528035.042
•VL17 629519.561 1527495.084 Y1.35 529559.973 1527550.917 YL53 629609.126 1527705.374 P12 629713.677 1528051,640 END INTERMITTENT STREAM
VL18 629510.008 1527477.803 VL35 629566.517 1527582491 VL54 629513.059 1527722032 P13 629707.113 1528048.935 ?O?hL
YL55 629610.707 1527755.475 P14 629700.423 1528031.533 P15 629598.293 152BO10.547 VA"0
P16' 529685.115 1527983.019
P17 629677.130 1527955.876
THIS CERTIFIES THAT THIS COPY OF THIS PLAT P18 629669.480 1527930.
P19 628666,594 1527914,703
703
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY P20 629858.352 1527903,458 SEE SHEET 1 FOR OVERALL VIEW
JURISDICTION ("WATERS OF THE UNITED STATES-) UNDER P21 829847.358 1527680.492
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT P22 829837.487 152784&825
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS SPECIFIC PURPOSE SURVEY
DATE UNLESS THERE IS A CHANGE IN THE LAW OR PUBLISHED extsl
FEDERAL REGULATIONS, THIS DETERMINATION CF SECTION 404 R/W MONU. (STREAM DELINEATION)
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO OF THE 24.298 ACRES SITE KNOWN AS
EXCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION N: 629,483.646
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS E: 1,528,046.528 "COPPERFI'ELD NORTHEAST'
WETLANDS DELINEATION MANUAL'
\ INTERMITTENT STREAM
\ FLAG Northing Eating
\I / e..` __ I-1 624579,787 1527689.035 or-G. Ir{TERMITTENT STREAM
1 1-2 629581,105 1527702.809
i1t3 N.C. GRID
W1 28
\ \ \ W121 M_35 f X69 11-3 629590.776 1527724.670 NAD 83
1 WL24 M-3 WL3 14 629598,714 1527749,727
WL29 WL31 / L33 38 41.4 WL41 V&45 16 629615,759 1527794.958
W
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NAME:
U.S. ArmV(Cdros of Enctne
DATE;
FILE NO.:
Mel G. Thompson & AssMiates, PA
PROFESSIONAL LAND SURVEYORS
809 South. Main Street
Kannapolis, N.C. 2808f
Telephone (704) 99B-4661
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Ruby A oodw(n, P.L.S. (L-3485) = T L-348,5 0 ,
NirnrGOO
REVISION CHART
DATE INITIALS EXPLANATION
8/20/2005 RG STREAM DESIGNATION
CHANGE

SURVEY FOR
Harris, Murr, & Vermillion, UC
Located : Twp J1 4 Cobarrus Co. Concord, N.C.
Tax Ref, : pin # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
.UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
. Dated : April 18, 2000
Scale : 1'•' = 60' Job # 05 03 06
0' 15' 30' 60' 120' 180' 240'
SHEET 2 OF 2
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Appendix C
Photographs
Hart & Hickman, PC
Out & Hickman 2923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
I ?%_ Charlotte, North Carolina na 28203 3 CONCORD, NORTH TH CAROLINA
A PROFCYYIONAL CORPOR MON 704-386-0007 704-586-0370
I
Photograph 1: Existing Sedimentation Basin.
rnutograpn c: wcuianu r?rca it] ripn? cvvJ.
Photograph 3: Intermittent Stream in

2005 (note channel partially vegetated).
2923 South Tryon Street-Suite 100 I PROPOSED
Charlotte, North Carolina 28203 nnr.trnon wtf
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Appendix D
Avoidance and Minimization
t Hart & Hickman, PC

Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.
Minimization
To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
i
J
be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.
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Appendix E
NCEEP Approval
Hart & Hickman, PC
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--Ecosystem
771 7 -77 t `7-1-
PROGRAM
October 21, 2005
Matt Bramblett, PE
Hart & Hickman
2923 South Tryon Street, Suite 100
Charlotte, NC 28203-5449
Project: Lowe's of North Concord
County: Cabarrus
OCT 2015
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 will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. 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.
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Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 0 150 0 0
03040105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
W ' n D. Gilmore PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Steve Chapin, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
Anx
kutor ... E ... Prot"' oar Sta t& WEN
I?CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
L}?
05-ICA
Pre-Construction Notification
Revision 1
Proposed ILowe's Store
Concord, Forth Carolina
H&H Project No. FAK-066
October 28, 2005
'Hart & gickman
Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax

F-1
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: El
II. Applicant Information ?? Q V ???J
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1. Owner/Applicant Information OCT 3 1 2005
Name: Lowe's Home Centers, Inc. J-_NP
4;fi C' QUALIPY
Mailing Address: P.O. Box 1111, North Wilkesboro, NC 28656
Telephone Number: [phone] Fax Number: _(336) 658-2616
E-mail Address: Matthew. L. [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. Tryon, Suite 100, Charlotte, NC 28203
Telephone Number: [phone] Fax Number:_ [phone]
E-mail Address: [e-mail]
Page I
AD,
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
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: Proposed Lowe's Home Improvement Warehouse of N. Concord
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 5622796338
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
Take Interstate I-85 north out of Charlotte, NC and use the Dale Earnhardt Blvd exit. Turn
left on Dale Earnhardt Blvd. and the subject property is on the right behind the Cabarrus
Regional Chamber of Commerce Building,
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 28' 09.0" ON 80 35' 10.7" °W
(lat/lon given is the location of the wetland)
6. Property size (acres): 17.08
7. Name of nearest receiving body of water: Unnamed Tributary to Cold Water Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://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: The property is currently undeveloped cleared land.
The property is located at the interchange of Interstate 85 and Dale Earnhardt Blvd.
This interchange has existing and expanding commercial development.
r
Page 2

10. Describe the overall project in detail, including the type of equipment to be used:
The site will be graded and filled as noted on Figure 3.
Heavy equipment will be used for the site work.
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
Lowe's Home Improvement Warehouse on the property.
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.
H&H met with Amanda Jones on-site on June 15, 2005 and Amanda verified the wetland area
and the intermittent stream. Ms. Jones indicated that mitigation would only be required for the
wetland because the intermittent stream has been heavily disturbed and is no longer directly
connected to downeradient waters. Ms. Jones indicated that in-lieu fees would be suitable for
the proposed wetland impacts. The signed jurisdictional determination is dated September 27,
2005 (Appendix B).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development.
Q-1
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3

1. Provide a written description of the proposed impacts:
The impacts proposed for this project are limited to filling an 149 ft (or smaller) portion of a
disconnected intermittent stream. The stream is currently disconnected from down gradient
waters by a generally dry stormwater sedimentation basin installed more than 5 years ago
(Appendix Q. The wetland impacts are for filling a small 0.24 acre wetland in the center portion
of the property

11111

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2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
WL1 to WL55 Fill Herbaceous No Abutting 0.24

Total Wetland Impact (acres) 0.24
3. List the total acreage (estimated) of all existing wetlands on the property: 0.24
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
I1 to 19 Unnamed Tributary Fill Intermittent 6 149 0.021

Total Stream Impact (by length and acreage) 149 0.021
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
r,
Page 4
U.
a
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.24
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.261
Total Stream Impact (linear feet): 149
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
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.): Wet ponds with earthen dams/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):Stormwater management
Current land use in the vicinity of the pond: Grass-Covered cleared Land
Size of watershed draining to pond: 19 acres Expected pond surface area 27,500 ft2
Permanent Pool; 40,161 ft2 top of bank
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
Page 5

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
M streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
® httl2://h2o.enr.state.nc.us/ncwetlands/strmgide.litm1.
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.
Due to the disturbed nature of this site by past mass grading, we are proposing to use an in-
lieu fee by payment into the NCEEP for the wetland impact only. As agreed with by the
Corps during a pre-app meeting, no mitigation is necessary for the intermittent stream impact
because of the small impact (149 ft or less) and the low quality nature of the stream
(Appendix Q. A October 21, 2005 acceptance letter from NCEEP is attached (Appendix E).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 6
III
I'
website at htte//h2o.enr.state.nc.us/wm/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None (per pre-app meeting /Corps)
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): 0.24 acres
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

B
Page 7

ii
3.
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Zone* Impact
(square feet)
Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5 -
Total
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or
.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area to the on-site wet pond is 19.0
acres, and the total impervious area is currently 0.272 acres of navement and gravel. The nost-
developed impervious area totals 15.69 acres and consists of building roof tops pavement
sidewalks, and concrete curbs and gutters. Therefore, the post-development impervious area is
15.69/19.00 acres or 82.58%. Stormwater and erosion control plans will be submitted for
® regulatory approval.
XII. 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.
Wastewater will be sent off-site to the public treatment works operated by the Cites
Kannapolis.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
u
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8
0
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
PCN is based on the proposed Lowe's development. There is no additional proposed
development known at this time on this property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Not Applicable
C) 12- r/D
Applicant/ gent's gnature . bate
(Agent's signature is vali if an authorization letter from the applicant is provided - See Appendix
A)
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APPROXIMATE
0 2000 4000 TITLE
SITE LOCATION MAP
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SCALE IN FEET PROJECT
PROPOSED LOWE'S STORE
U.S.G.S. QUADRANGLE MAP CONCORD, NORTH CAROLINA

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REVISED/INSPECTED 1987 "n 89t0w C0nr0tuun0N 701-586-0007 (p) 701.506 .0370 (n
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7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: FAK-066 FIGURE NO: 1

N (? Figure 2
Cabarrus County: Soil Survey
tigart & Hickmauhrlott., 923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
North Carolina 28203 CONCORD, NORTH CAROLINA
A PROFCmm10NAL CORPORATION 704586-0007 (p) 704586-0373 (t)
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Appendix A
Agent Authorization
1 Hart & Hickman, PC
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AGENT CERTIFICATION OF AUTHORIZATION
1, M"IMHWA,ep,hrcpresenting Lowe's 1-iome Centers, Inc., applicant and potential
developer of the project site located on approximately 24.57 acres of land (parcel no.
5622796338) situated north of the intersection of Dale Earnhardt Blvd and Interstate 85
in Concord, Cabarrus County. NC, hereby certify that I have authorized Hart & Hickman,
PC to act on the applicant's behalf and take all actions necessary to the processing,
issuance, and acceptance of the wetlands jurisdictional determination and permits for this
project.
Ap licant's signature
L.owe's Home Centers, Iqc..??
sk. Sm boo-oEi?" NN
to [It) foS
Date
%XAAA-M;nm Pn11111IF-ImiJ AaulYman`T:\A-?wJ? N 414 Ap1AA(;LNI'('f:'N1 ' Iv
Agent's signature
Hart & Hickman, PC
September 23, 2005
Date
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Appendix B
Jurisdictional Determination
Hart & Hickman, PC
i
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200531833 County: Cabarrus U.S.G.S. Quad: Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Harris, Murr, Vermillion, LLC / c/o Hart & Hickman
Address: Attn: Matt Bramblett
2923 South Tryon Stree, Suite 100
Charlotte, NC 28203
Telephone No.: 704-586-0007
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Dale F,arnhardt Blvd., adjacent to the west side of I-85, in Concord, Cabarrus County, North Carolina.
Indicate Which of the FollowinLy Apply:
Based on preliminary information, there may be stream channels and wetlands on the above described property.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels and wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.

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We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size
of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered
final, any delineation must be verified by the Corps.
The stream channels and wetlands on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on September 27, 2005. Unless there is a change
in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit conducted on June 15, 2
Corps Regulatory Official:
Date September 27, 2005
J
Expiration Date September 27, 2010
Page 1 of 2
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Line Bearing Distance
L1 N 32' 49' 55' W 251.49'
L2 N 57' 10' 05" E 62.73'
L3 N 32' 49' 55' W 60.00'
L4 N 32' 49' 55" W .300.00'
L5 " N 57' 10' 05' E 9199'
L6 N 32' 49' 55' W 50.00'
L7 N 32' 49' 55' W 235.84'
L8 N 57' 48' 13" E 1377.97'
L9 S 33' 54' 59' E 407.92'
L10 S 29' 26' 22' W 459.34'
L11 S 35" 48' 38' W 323.94'
L12 S 39' 13' 02' W 185.95,
L13 5 54' 06' 01' W 19184'
L14 S 59' 53' 36' W 47.92'
GRID M ONUMENT TIE
L19 N 61' 38' 19' E 812.35'
GRID BEARING AND DIST.
GROUND M EASURE DIST 812.48'
COMBIi,CD FACTOR : 0,9998511
Contours shown dt TWO FOOT Intervals.
VERTICAL DATUM TRANSFERED TO THE SITE AND BENCHMARK
ESTABLISHED 2/$/98 BY DIFFERENTIAL LEVEUNG SURVEY FROM
NCDOT STATION MONUMENT, REBAR AND CAP, 'U2833-5" ELEVATION 717.91
REFERENCE SURVEY #1.
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Curve Radius Chord Bearing and Distance Arc Length
C1 1317.39' S 46' 39' 20" W 422.80' 424.64'
I, Ruby A. Goodwin, certify that this plot was drawn
by me from an actual eurvey made under my supeMsion
This plat is subject to any rights-of-way, easements,
or agreements of record prior to date of survey.
Existing Iron Pipe, as described (FOUND)
e.l.r. = Existing Iron Rod, as described (FOUND)
n.l.p. = Now Iron Pin, (SET')
ep---.= Computed Point / No Physical Monumentatlon NA N GRID
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Line Bedring Distance
L15 S 33' 54' 59' E 49.91'
L15 S 29' 25' 22" W 67.16'
L17 N 33' 54' 44' W 80.12'
L18 N 56' 10' 12' E . 60;03'
'° + ?? 1 xtst 0,2. cP 17OR DETAILED BOUNDARY AND TOPOGRAPHIC INFORMATION
exist SEE PLAT RELEASED BY THIS COMPANY
OF R / MoNU?. R/W MONU.
POINT
6EGINNINC J/ ??? ??. C1 ND'cs MONUMENT APRIL 7, 2005 - JOB 050306 -- SCALE 1" = 60,
L19? `WATER'
e.l.r., 1/2 J L14 1 N : 629,035.504
N: 628,6491607 1-rt.t.p. by +? t v E: 1,527,949.241
E : 1,527,234.390 exlsL R/1'i UONU. NAD 83 - NO GRiD
NAD 83 - NC GRID (disturbed) COORDINATES
COORDINATES
end that the ratio of preclelon is i : 24,098. [?lirrhr
.
Ruby A. dwin P.LS. (L-3485) = ? Q SEAL ?? t _
f? 1 L-3485
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Mel C. Thompson d, Assootiates, PA
F OFESSIONAL LAND SURVEYORS
303 South, Main Street
17 DATE INITIALS EXPLANATION
Kctnncapolis, N.C. 28081
Telephone [phone] REVISION CHART

6/20/2005 RG STRE Dam ATiON

"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION ('WATERS OF THE UNITED STATES") UiIDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE. UNLESS THERE IS A CHANCE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY qE RELIED UPON FOR A PERIOD NOT TO
WAS MADE UMRINO THDE 19917 AR14Y CORPS OFF ENCWS
WETLANDS DELINEATION MANUAL."
NAME: mod,
( gned
mm
DATE, ,
FILE NO.: L
I ?d
of
SPLCIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERF'IELD NORTHEAST'
SURVEY FOR
Harris, Murr, & Vermillion, LLC
Located : TWp 4 Caborrus Co. Concord, N.C.
Tax Ref. ; pin' # 5622 79 2283
Deed Ref.: p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated ; April 18, 2000
Scale :.1" 200' Job # 05 03 06
0' S0' 100' 200' 400' 600• 800'
SHEET 1 OF 2
e
Vw Ity%Map : 1" = 2000'±

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P4 DISTURBED DURING
BEGINNING P3 S SEDIMENT POND CI EANOUTI /
-- INTERMTr1ENr „J%, P6 664 J r
\ STREAld ' 1-e P22 \ P7 P8 P9 P10 Pit
\ \ \ WETLANDS AS FLAGGED 1N1FR41 P21 `
\ BY HART HICKMAN, PC LpfG1}I ++r P20 P19 „ END 682 JJ ? g
J03 SHC-129 P12
YETLAND AREA ?- \ \ \ \ \ \ \ \ '? P18 L M& DiTERM?1rT1EN : ?GypA*6?36
P17
X10
WL2 \? . * WL18 Wtt6 WLL4 ""• W146 Y1L47 I-9 629540.163 1527834.922
` WL19 " W113 + WL36 Wt 3 51 RED K4-8 1-10 629635.652 1527819.527 \
WL17 Y4.15 , 1-11 629522,500 1527787.099 _ .._ _?, .., _ .._ ............ _
Y?L20 YIL12 1-12 629614.313' 1527768.539
J I WL21 WU1 Wt 6,A , Yd 52 , WL49
1 \ / ?// \ \ INTERMITTENT STREAM
WI-2.5 VL26 10p `? /?/// \ FLAG Northing Ec3ting
} 1-1 629579.787 1527689.036 BEG. INTERMITTENT STREAM N.C. GRID
WL27 ` ?? / WL35 \ ` 1 1-2 629581.105 1527702.809
t \ M28 - itiL3 i ? f 6g 1-3 629590.776 1527724.670 ? NAD B3
1 \ WL24 ` WL3 V,'L3 ! WL39 14 629593.714 1527749.717
W'L29 WL31 / 8 ti4'L41 \ 1-5 629805.551 1527770.201
1 M.23 WL33 W1.40 45 1-6 629515.739 1527794.968 /
" 1-7 629528.183 1527819.948
1 " ' 1 WL42 -43 V&44 _ I-8 629532 563 1527838 717
P15 SEDIMENT
FLAG Northing Ec3Ung FLAG Nor" g Ec3ttng FLAG Northtng Ecsting
YL1 629571.765 1527575.390 VL19 629501.177 1527465.962 YL37 629572.159 1527587.001 -..? ? 1 \ \ P14 POND
VL2 629565.018 . 1527655.537 YL20 629491.631 1527459.385 VL38 829578:232 1527577.432 _ - \ P13
W0 829557.524 1527828.225 YL21 629469.669 1527459.921 VL32 629585.847 1527574.993 \
YL4
VL5 629547.212
529540
505 1527802.921
1527577
031 YL22
YL23 629481.972
629492
299 1527431.681
15274
88 VI-40 829584.353 1527587258 INTERMITTENT STREAM
. . . 31.
7 VL41 829591392 1521807.704 FLAG Northing Ec3Ung \
I 686
YL6 629325.312 1527560.683 YL24 829497.892 1527422785 VL42 629595.541 1527825.492 P1 629642.453 1527849.316 \
\
YU
VL8 629515.911
629509.580 1527553.050
1527548.164 YL25
VL26 629511.530
629515.824 1527404.110
1527414.432 VL43
YL44 629811.427
629521.371 1527654.085
1527674.168 P2
P3 629546232
629652.527 1527859.455
1527874.439
\
VL9 629504.124 1527540.333 YL27 829514484 1527432.854 VL45 629531.779 1527697.216 P4 629554254 1527896.959 X
J
VL10 629495.391 1527528528 YL25 829511.789 1527454.392 YL48 629537.113 1527714.381 P5 629571.501 1527910.187 `
668 /
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YL11 829500.859 1527525.843 YL29 629513.450 1527475.497 VL47 629634.105 1527717.813 P6 629674.760 1527932EB9

VL12
B29326.E57
1527535.751
VL30
829324.731
1527493.892
VL48
629827.050
1527716.378
P7
629555.173
1527955.643 /
YL13 629537
047 1627543
317 YL31 895
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394 1521705
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.
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YL14 629537.733 1527534.944 VL32 829542129 1527526.149 VL50 629SIZZ05 1527681.095 P9 629707.793 1528007.277 ?690

YL15
629532.058
1527523.343
VL33
629550.727
1527539.527
VL51
629604.785
1527675.193
P10
629723,905 ?
1528019.530
YL16 529524.933 1527505.155 VL34 629558.709 1527554.152 VL52 829602530 1527685.430 P11 629732.357 1526035.042
N07 529519.581 1527495.094 YL35 829559.973 1527550.917 YL53 629609.126 1527705.374 P12 629713.577 1528051.640 ENO INTERMITTENT STREAM
VL18 529510.008 1527477.803 VL35 629566.517 1527582.491 YL54 629511059 1527722032 P13 629707.113 1528048.995
?
YL55 629510.707 '1527755.475 P14 629700.423 1528031.593 ?01P
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF REGULATORY
JURISDICTION (-WATERS OF THE UNITED STATES-) UNDER
SECTION 404 OF THE CLEAN WATER ACT FOR THE SUBJECT
PROPERTY AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE. UNLESS THERE IS A CHANCE IN THE LAW OR PUBLISHED
FEDERAL REGULATIONS, THIS DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FI1r YEARS FROM THIS DATE. THIS DETERMINATION
WAS MADE UTILIZING THE 1987 ARMY CORPS OF ENGINEERS
WETLANDS DELINEATION MANUAL.' O)JAAP- J
NAME:
gned by U.S. Army C rps of Engineers)
TITLE
DATE;
FILE NO.: 531X3
Mel G. Thompson, & AssMiates, PA
PROFESSIONAL LAND SURVEYORS
303 South Main Street
Kannapolis, N.C. 28081
Telephone [phone]
P15 629698.293
P16 ' 629685.115
P17 629677.130
P18 629669.480
P19 629658.594
P20 629SM352
P21 629547.368
P22 629637.487
1528010.847
1527983.019
1527955,878
1527930.091
1527914,703
1521903,458
1527880.492
1527848.825
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M CgRO4,
SEAL
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exist
R/W MONU.
N: 629,483.646
E. 1,528,046.528
REVISION CHART
DATE INITIALS EXPLANATION
6/20/2005 RO STREAM DESIGNATION
CHANCE

11
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??, / X66
? 11+x, ? 676 ?
1??36' RCP OW
TOP: 675.9
iNV,: 672.9
SEE SHEET 1 FOR OVERALL VIEW
SPECIFIC PURPOSE SURVEY
(STREAM DELINEATION)
OF THE 24.298 ACRES SITE KNOWN AS
"COPPERF'IELD NORTHEAST'
SURVEY FOR
Harris, Murr, & Vermillion, UC
Located : Twp ' 4 Cabarrus Co, Concord, N.C.
Tax Ref.: pin # 5622 79 2283
Deed Ret : p/o Dbk 635, Pg. 21
STREAM LOCATION : APRIL 6, 2005
.UPDATED BOUNDARY SURVEY : MARCH 21, 2005
Original Boundary and Topographic Survey
Dated : April 18, 2000
Scale : 1" = 60' Job 05 03 06
0' 15' 30' 60' 120' 180' 240'
SHEET 2 OF 2

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Appendix C
Photographs
Hart & Hickman, PC
Hart & giftan 2923 South Tryon Street-Suite 100 I PROPOSED LOWE'S SITE I
AW(Chulotte, North Carolina 28203 CONCORD, NORTH CAROLINA
I
Photograph l: Existing Sedimentation Basin.

Photograph 3: Intermittent Stream in

2005 (note channel partially vegetated).
2923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
Hart & Hickman Charlotte, North Carolina 28203 CONCORD. NORTH CAROLINA

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Appendix D
Avoidance and Minimization
Hart & Hickman, PC
Mg
Appendix D
Avoidance and Minimization
Proposed Lowe's of N. Concord
H&H Job No. FAK-066
Avoidance
The proposed development is located in an expanding commercial area that already contains gas
stations, a Wal-Mart, restaurants, and other commercial structures. The site is located
immediately north of the intersection of Interstate 85 and Dale Earnhardt Blvd. The property
development covers approximately 17 acres. Undeveloped lands in this area that occur over this
amount of land generally have wetlands and/or perennial streams located on the property. The
subject development is proposed on a highly disturbed property with a small low quality wetland
and a low quality intermittent stream. The property was disturbed by mass grading over 5 years
ago. The intermittent stream is disconnected from downgradient waters by a stormwater pond
installed more than 5 years ago. Properties with perennial streams, high quality streams, and
UZI high quality wetlands were avoided. In addition, other properties in the area do not front the
Interstate 85 interchange, and the economics of other properties are less desirable.
Minimization
To minimize potential impacts to the downgradient stream, a wet stormwater detention pond will
be used. In addition, the development is proposed on a property with a small amount of low
quality herbaceous wetland and a low quality intermittent stream. The site has been significantly
disturbed by mass grading that occurred more than 5 years ago.
During site development, good erosion control practices will be followed. The erosion control
will include a diversion ditch to direct runoff into the sediment basin during the erosion control
phase. In addition, extensive silt fencing will be used on the site perimeter.
A

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Appendix E
NCEEP Approval
Hart & Hickman, PC
-,Ecosystem n o -005
-PROGRAM
October 21, 2005
Matt Bramblett, PE
Hart & Hickman
2923 South Tryon Street, Suite 100
Charlotte, NC 28203-5449
Project: Lowe's of North Concord County: Cabarrus
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 leave not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. 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. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.24 0 0 0 0 150 0 0
03040105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
W D. Gilmore PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Steve Chapin, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
R"torlktg... ... Prot". oar stat&
AM
cdENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Hart & Hickman C`" `Y ' ; M °°°,3 6016 ADVANTAGE
2923 S. Tryon Street, Suite 100 Charlotte, NC 28203-5449 016969
:A Pn dc"innal Cuiprn riian
.._._
-
Invoice Number Date Voucher Amount Discounts Previous Pay - Net Amount
? Lowes N Concord NWP , 10/20/05 I 0014948 i 200.00 200.00
-
I- -
NC Division of Water Quality
Totals I 200.00 200.00
i WACHOVIA 1
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