20071673 Ver 2_401 Application_20090909

ti Hart &TAHickman
ENVIRONMENL CON SLILTA NTS
Via -"? Dav Federal Express
September 1, 2009
US Army Corps of Engineers PA I
Asheville Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Chapin
Re: Pre-Construction Notification
Proposed Commercial Development
Providence Road West
Mecklenburg County, North Carolina
H&H Job No. CBD-002
Dear Mr. Chapin:
f kirt & I hclcm:ui, PC
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04-580 03-3 fa.'?
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Ku??stoRm y e
On behalf of the property owner, Hart & Hickman, PC (H&H) is submitting a new Pre-
Construction Notification (PCN) for the proposed commercial development located at
Providence Road and Highway 521 (Johnston Road). H&H is submitting the new PCN
application in order to extend the expiration date of the Nationwide Permit 39 which was issued
for the project on November 26, 2007 and is set to expire on November 26, 2009 (Action ID
SAW-2007-02551-360 and DWQ 407-1673).
In your email dated April 23, 2009, you indicated that a new PCN submittal would be necessary
to obtain a time extension on the above permit. H&H is seeking to extend this authorization for
2 more years. The extension is needed due to commercial development challenges that have
resulted from the economic downturn.
Mitigation requirements for this project were already met by payment to the North Carolina
Ecosystem Enhancement Program (NCEEP). The receipt for payment to the NCEEP is included
in Appendix E of this PCN application.
CHARLOTTE 704-5B6-0007 ' RALEIGH 919-847-4241 ' WWW.HARTHICKMAN.COM
5.\AAAAlaster Projects?CBD Development - CBD\CBD-00' New PCN\Cover Letter. doe
Mr. Steve Chapin
September 1, 2009
Page 2
Should you have any questions or need any additional information, please feel free to contact
me.
Very truly yours,
Hart & Hickman, PC
/4?x?
Matt Bramblett, PE
Principal and Project Manager
Attachment
Cc: NC DENR DWQ, (5 Copies of PCN and $570 Check)
Mr. Pete Lang, CBD
tiHaris&NH?c M

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AWJHarl&HickMau
Pre-Construction Notification
Proposed Commercial Development
Providence Road at US Highway 521
Charlotte, North Carolina
H&H Project No. CBD-002
September 1, 2009
,?F ?N A'T?r9
0'1 - I 3 u
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing j r AL 11 ?ri)
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record onl

? Yes y for Corps Permit:

® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Proposed Commercial Development Providence Road at Johnston Road (Hwy 521)
2b. County: Mecklenburg
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: NA c
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information St P - % 2009
3a. Name(s) on Recorded Deed: Ballantyne Holdings, LLC
in

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3b. Deed Book and Page No. 22657-404 e
3c. Responsible Party (for LLC if
applicable): Pete Lang
3d. Street address: 111 Clebourne Street, Suite 200
3e. City, state, zip: Fort Mill, South Carolina 29715
3f. Telephone no.: 803-547-7853
3g. Fax no.: 803-548-6301
3h. Email address: [e-mail]
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PCN Form -Version 1.3 December 10, 2008 Version

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4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Matt Bramblett (See Appendix A for Agent Authorization)
5b. Business name
(if applicable): Hart & Hickman, PC
5c. Street address: 2923 South Tryon Street, Suite 100
5d. City, state, zip: Charlotte, North Carolina 28203
5e. Telephone no.: 704-586-0007
5f. Fax no.: 704-586-0373
5g. Email address: [e-mail]
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PCN Form - Version 1.3 December 10, 2008 Version

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B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 223-132-11
1 b. Site coordinates (in decimal degrees): Latitude: 35.0410 Longitude: - 80.8469
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 6.97 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Clems Branch (See Figure 1)
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The current land use is residential and undeveloped land. The property is currently vacant and contains a residential
structure and several barns. The property was previously used for limited agricultural activities. Stream ST-1 (S1) as
depicted on the survey provided in Appendix B has an existing culvert at the end of of the entrance drive. The property is
surrounded by residential developments and is in a rapidly developing commercial corridor along Highway 521.
3b. List the total estimated acreage of all existing wetlands on the property:
0.359
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
380
3d. Explain the purpose of the proposed project:
The purpose of the project is to develop a fitness center, office building, and a bank to serve the surrounding multi-family
residential developments.
3e. Describe the overall project in detail, including the type of equipment to be used:
The site will be completely graded with the exception of voluntarily leaving a ten foot buffer on each side of the
intermittent stream in the southwest portion of the site. Heavy equipment will be used for site work.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: See Appendix C for a copy of the Jurisdictional
Determination
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Hart & Hickman
Name (if known): Corps of Engineers Other: GPA Professional Land Surveyors (See Appendix
B for a copy of the Wetland Boundary Survey)
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The Corps of Engineers issued a jurisdictional determination on November 26, 2007. The jurisdictional determination is
included in Appendix C. H&H met with Mr. Alan Johnson of DWQ on August 29, 2007 at the site who agreed with the
delineation. A 401 water quality certification was issued for this project on October 19, 2007 and is included in Appendix
C.
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PCN Form -Version 1.3 December 10, 2008 Version
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5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
As mentioned in the cover letter, the project previously applied for a Section 404 permit and a 401 Water Quality
Certification in October 2007. The Corps of Engineers issued a Nationwide Permit #39 on November 26, 2007 (Action ID
SAW-2007-02551-360) and DWQ issued a 401 Water Quality Certification with Additional Conditions on October 19,
2007 (DWQ # 07-1673). At this time the project has not commenced and the Corps of Engineers permit is set to expire
on November 26, 2009. The Corps of Engineers requested a new PCN application be submitted for the project in order
to extend the permit date. Copies of both permits are included in Appendix C of this application.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
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PCN Form - Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
® Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ®P ? T Grade and Fill Non-Tidal
Freshwater Marsh ® Yes
? No ® Corps
? DWQ 0.123
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.123
2h. Comments: In order to provide parking for the commercial development 0.123 acres of Wetland Area B (W1) must be
impacted and filled (Figure 4). Approximately 0.0408 acres of Wetland Area B (W1) will be preserved.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Fill UT1 ? PER
® INT ® Corps
? DWQ 7.5 290
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 290
3i. Comments: The County is requiring an access road on the western portion of the property for future off-site connectivity.
The intermittent stream (S1) will be culverted in order for that access road which will also extend to the fitness center located
in the southern portion of the property. The road culvert length will cover approximately 70 linear feet of the intermittent
stream centerline. An additional approximately 220 ft of ST-1 (S1) will be filled and nined for narkinn AnnrnYimnfaly CIO In ff of
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PCN Form - Version 1.3 December 10, 2008 Version

ST-1 (S1) will be preserved. An existing 25.47 ft long culvert is in place on ST-1 (S1) which was installed years ago and does
not count against site impacts.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ®P ? T Wetland Area A Fill Farm Pond 0.195
02 ?P?T
03 ?P?T
04 ?P?T
4E Total open water impacts 0.195
4g. Comments: 0.195 arces of Wetland Area A (01) will be filled in order to provide parking for the commercial development.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 Local Stormwater 0 0
Requirement
P2
5f. Total 0 0
5g. Comments: Wetland and stream impacts are not related to the pond.
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres): 0.218
5j. Size of pond watershed (acres): 7
5k. Method of construction: Wet pond with earthen dam embankments
Page 6 of 11
PCN Form -Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See Appendix D
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See Appendix D
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
®Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
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3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 0.0 linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 0.0 square feet
4e. Riparian wetland mitigation requested: 0.123 acres
4f. Non-riparian wetland mitigation requested: 0.195 acres
4g. Coastal (tidal) wetland mitigation requested: 0.0 acres
4h. Comments: Payment was made with previously submitted PCN application and the receipt in included in Appendix E.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
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PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Project does not include and is not located adjacent to protected ? Yes ® No
riparian buffers within on of the NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? 80%
2b . Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The proposed development will include one wet pond in order to manage stormwater at the site once it is developed.
See approved Stormwater Management Plan included in Appendix F of this PCN application.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Mecklenburg County
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
® Other: None
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ® Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
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F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 26.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater will be piped to an off-site City of Charlotte wastewater treatment plant.
Page 10 of 11
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5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Researched Natural Heritage Program data inventory, USFWS Federal Registry, USFWS Designated Critical Habitats,
and conducted an on-site survey for listed State and Federal endangered or threatened species. H&H also requested
comment from the Asheville USFWS Field Office on threatened and endangered species at the subject site. US FWS
responded by that that no protected species occur on this site. Please see Appendix G.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Searched the interactive map at the folowing website: http://ocean.floridamarine.org/efh-coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
H&H reviewed archeological maps at the State Histoirc Preservation Office and no recored sites were noted on the
subject property. In addition, no structures over 50 years old are present on the subject site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? H&H viewed the Flood Insurance Risk Map online at
the FEMA Map Service Center at the following webiste: http://msc.fema.gov/webapp/wcs/. (FEMA Map Number
3710444700J dated March 2, 2009).

Matt Bramblett, PE
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
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PCN Form -Version 1.3 December 10, 2008 Version
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Appendix A
Agent Authorization

I
11

11

1
1
1
1
AGENT CERTIFICATION OF AUTHORIZATION
I, Lan representing Ballentyne Holdings, LLC, applicant and
potential developer of the project site located on one parcel totaling approximately 6.971
acres located southwest of the intersection of Providence Road and Johnston Road in
Charlotte, Mecklenburg County, North Carolina, 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.

Date
S
Ag nt's signature
-23--?
- 7 Date
Ift
1
1
1
1
1
1
1
1
Appendix B
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Appendix C
Corps of Engineers Nationwide Permit #39 and Jurisdictional Determination
DWQ 401 Water Quality Certification with Additional Conditions

I I

F

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1

1
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-02551-360 County: Mecklenburg USGS Quad:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Ballantyne Holdings, LLC
Address: 111 Clebourne Street, Suite 200
Fort Mill, SC 29715
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Commercial development
located on a 6.97 acre tract on the south side of Providence Road West; near Pineville
Description of projects area and activity: Impact 0.123 acre of wetlands, 290 LF of Clems Branch, and
0.195 acre of open water (pond) for the purpose of accomodating the construction of a commercial
development.
MITIGATION:
In order to compensate for wetland impacts the permittee shall make payment to the North
Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP
sufficient to perform the restoration of 0.195 acre of non-riparian wetlands and 0.123 acre of
riparian wetlands in the Catawba River Basin Cataloging Unit 050103
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment to the NCEEP and provided a copy of the payment documentation to the Corps
that it agrees to accept responsibility for the mitjgaflon work required in compliance with the
MOU between the NCDENR and the Corps of Engineers Wihninaton District, dated November 4
1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the pern ittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please 'contact Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: November 26, 2007
Expiration Date of Verification: November 26, 2009
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
httpJ/www.saw.usace.army.inil/WETLANDS/index.html to complete the survey online.
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subj ect 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.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued -. Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channel on the property is Clems Branch which flows into Sugar Creek which flows into the Catawba River
and ultimately flows to the Atlantic Ocean through the Catawba River system.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address;
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.

**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. **
Corps Regulatory Official: Steve Chapin
Issue Date: November 26, 2007 Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Hart & Hickman, PC (Matt Bramblett)
u
NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Commercial and Institutional Developments. Discharges of dredged or fill material
into non-tidal waters of the United States for the construction or expansion of commercial and
institutional building foundations and building pads and attendant features that are necessary for
the use and maintenance of the structures. Attendant features may include, but are not limited to,
roads, parking lots, garages, yards, utility lines, storm water management facilities, and
recreation facilities such as playgrounds and playing fields. Examples of commercial
developments include retail stores, industrial facilities, restaurants, business parks, and shopping
centers. Examples of institutional developments include schools, fire stations, government office
buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship.
The construction of new golf courses, new ski areas, or oil and gas wells is not authorized by this
NWP.
The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the
district engineer. This NWP does not authorize discharges into non-tidal wetlands adjacent to
tidal waters.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity. (See general condition 27.) (Sections 10 and 404)

' NATIONWIDE PERNIIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
' be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
' in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
' work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
' claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
' movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
' 3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
I' through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
' 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
' structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre-construction '
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not '
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., '
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- I
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on I
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls '
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow. '
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre-construction elevations. The affected areas must be '
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, I
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild ,
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined ,
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service). ,
16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights. ,
17. Endangered Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed ,
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is authorized

7
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1
under any NWP which "may affect! 'a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
and designated critical habitat and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-construction notification. In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NI WS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.htrnl respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre-construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
4

Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the

National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a ,
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall '
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall '
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt '
of a complete pre-construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section

106 consultation is required and will occur, the district engineer will notify the non-Federal '
applicant that he or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.

470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, '
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation '
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and '
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the '
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties. ,
19. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,

and outstanding national resource waters or other waters officially designated by a state as ,
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
'
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such '
waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the ,
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

20. Mitigation . The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre-construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project-specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
6
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. ment. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
23. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate
7

I the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
I (Date)
' 26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
' mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
' (b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
' 27. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre-construction
' notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN complete only once. However, if the
' prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
' (1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
' complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
' or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
' on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
' PCN, the permittee cannot begin the activity until an individual permit has been obtained.
H

Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed projector any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the NWP. (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.

' (2) For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
' provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices {U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SETO) or Tribal Historic Preservation
' Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies
will then have 10 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site-specific comments. If so
1 contacted by an agency, the district engineer will wait an additional 15 calendar days before
making a decision on the pre-construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
' administrative record associated with each pre-construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
' to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
' (3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
' Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
' of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
' than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
' PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
' aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
' environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
' district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
' on the aquatic environment. If the net adverse effects of the project on the aquatic environment
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(after consideration of the compensatory mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
If the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (1) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; (2) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
11

' decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
' duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
' Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
' Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
' includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility.- A test to determine what constitutes a single and complete project in
' the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-phase
project that depend upon other phases of the project do not have independent utility. Phases of a
' project that would be constructed even if the other phases were not built can be considered as
separate.single and complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water during certain times of the
' year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
' waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
' to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
' Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
' Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
S 12

flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary Nigh Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Rule and pool complex: Riffle and pool complexes are special aquatic sites -wider the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
13

' which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
' Shell sh seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
' of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete protect: The term "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or
' partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
' For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
' not separate waterbodies, and crossings of such features cannot be considered separately.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
' and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
' including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
' stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
' boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
' Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
' 14
L?

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) '
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the '
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)). '
If a jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR ,
328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.

F-1
Ll

15

I REGIONAL CONDITIONS FOR NATIONWIDE PERIVHTS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
' The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
' 1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
' spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
' 1.2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
' excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the twenty-five trout counties).

1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February I and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
16

Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Suiry, Swain, Transylvania, Union
and Yancey
'
.
Website and office addresses for Endangered Species Act Information:
'
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements. '
hU://www.saw.usace. army.mit/wetiands/ESA

Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army Corps of Engineers office listed below. '
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
,
Asheville, NC 28801
Telephone: [phone]
,
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
,
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726

Raleigh, NC 27636-3726 '
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including '
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
2.2. Special Designation Waters ,
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27 ,
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by '
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (1PNA) (as designated by the North Carolina Wildlife '
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
17

2.3. Coastal Area Management Act (CAMA) Areas of Environmental Concern
' Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
' Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box
1000, Washington, NC 27889).
2.4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
' 2.5. Mountain or Piedmont Bogs
' Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
' Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Bogs
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(Spruce Sub e
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
18
Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region
Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Ave Stokes
Telephone: [phone] Burke Surry
Mr. Dave McHenry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn.
Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Trans Ivania
Fax: [phone] Haywood McDowell Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
19

' 3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
' For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeraUintermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
' basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
' 3.3. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.

Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
20
3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfulI flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Roadway
Approach Fill I Baxtkfull + eCulvertburied
lowstream ed
to appropriate
depth (if required).
Stream
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
21

' 3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
' removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
' beach should occur between November I and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
' fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (LAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #39-Residential Developments.
' 4.1. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
' 4.2. Single-family recreational facilities are not authorized by this NWP. Recreational
facilities that are incorporated into serving an entire residential development can be authorized
by this NWP.
1
1
1
1
4.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway, resulting in permanent above-grade fills are not authorized by this NWP.
4.4. Discharges of dredged or fill material into waters of the US, including wetlands, within the
mapped FEMA 100-year floodplain, below headwaters (i.e. > five cfs) resulting in permanent
above-grade fills are not authorized by this NWT.
4.5. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
22

NC DIVISION OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS '
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following website:
http://h2o.eiir.state.nc.us/ncwettands/certs.htmi
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this '
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at: '
hqp://dcm2.enr.state.ne.us/Pennits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY '
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation. '
These Tribal General Conditions are located on the Corps website at:
http:/hvww.saw.usace.army.miVWETLANDS/NWP2007/EBCI-certs htmi
Citations:
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesday, May 8,
2007 /Notices p.26082 '
2007 SAW Regional Conditions - Authorized June 1, 2007
This and other information can be found on the Corps web site at: '
http://rvww.saw. usace.army.m il/WETLANDS/NWP2007hlation-vvide-r)ermits.htinl

L

23
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O?QF W H r?RQG coo >,br
Michael F. Easley, Governor
\
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O Y Coleen H. Sullins, Director
Division of Water Quality
' QC October 19, 2007
DWQ# 07-1673
ecklenburg County
' ------------
Mr. Pete Lang ------------
Ballantyne Holdings, LLC
111 Cleboume Street, Ste. 200
Fort Mill, SC 29715
Subject: Providence Road West, US Hwy. 521

APPROVAL of 401 Water Quality Certification with Additional Conditions
' Dear Mr. Lang:
the development in Mecklenburg County, as described in your application received by the Division of Water
Internet ncwaterqulaity.org FAX [phone]
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.123
' acre of wetland and to impact 290 linear feet (If) of intermittent stream to Clems Branch in order to construct
Quality (DWQ) on October 2, 2007. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3631, which can be viewed on our web site at
' httip:flh2o.enr.state.ne.us/ncwetlandsire cert.html . The General Certification allows you to use Nationwide
Permit Number 39 once it is issued to you by the U.S. Army Corps. of Engineers. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment. and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
' in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
' In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including the cross
section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed
benches} above and below locations of each culvert. If any of the existing pipes are or become perched, the
' appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
3. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
prap
' instead of ri or other bank hardening methods. If riprap is necessary, it shall not be placed in the
unless approved by
streambed, the DWQ.
N"o0,?` Carolina
AgA(rallJ
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
An Equal OpporlunitylAffirmativeAction Employer- 50% Recycled110% Post Consumer Paper
J
4. 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.
5. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing authority) within 60 days of the issuance
of the 401 Water Quality Certification. The storm water management plan shall be approved in writing by
this Office (or local governing authority and copy provided to DWQ) before the impacts specified in this
Certification occur per Condition No. 3631 in GC No. 4. You have the option of using the Express Review
Program for expedited approval of these plans. If you propose to use the Express Review Program,
remember to include the appropriate fee with the plan. The storm water management plan must include
construction plans, specifications, storm water BMP worksheets, and supporting calculations. The storm
water best management practices are required to be appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR Storm water
Best Management Practices Manual. These 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 subject 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 practices"shall be made without written
authorization from the Division of Water Quality.
6. No waste, spoil, solids, or fill of any kind shall occur 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.
7. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
8. 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.
9. Continuing Compliance. The applicant (Ballantyne Holdings, LLC; Pete Lang) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
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' Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
' This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
' Sincerely,
for Coleen H. Sullins
' Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Matt Bramblett, Hart/Hickman, 2923 S. Tryon, Ste. 100, Charlotte, 28203

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WQC #3631 ,
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES), '
29 (RESIDENTIAL DEVELOPMENT), 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL
FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES), 44 (MINING ACTIVITIES), AND
46 (DISCHARGES IN DITCHES) '
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 213 .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States ,
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of
the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality '
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002 and WQC Number 3402 issued March 18, 2002. This WQC is rescinded
when the Corps of Engineers re-authorizes any of these Nationwide Permits or when deemed ,
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
t
f
Impac
s:
1. Enumerating and Reporting o
• Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts

regardless of which 404 Nationwide Permits are used. Stream relocations and '
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be '
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure
(including construction impacts) spans the entire bed and both banks of the stream, '
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pattern. Impacts for dam footprints and flooding will count toward the
threshold for stream impacts, but flooding upstream of the dam will not (as long as no

filling, excavation, relocation or other modification of the existing stream dimension, '
pattern or profile occurs) count towards mitigation requirements. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing

channel (or those of a stable reference reach if the existing channel is unstable) to '
the maximum extent practical.
• Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be '
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.

WQC #3631
• Lakes and Ponds - Impacts to waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area. Permanent
and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
' that results in a loss of use of aquatic functions including but not limited to filling and
dredging shall be considered waters impacts.
Application Thresholds - Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
' • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre
west of 1-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-11 or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
' These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
' (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules) in effect at
t the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
' within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
3. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II),
2B.0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
F
WQC #3631
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters jr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The 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 or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee. If a

r WQC #3631
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (Buffer Rules) in
effect at the time of application for buffer impacts resulting from activities classified as
' "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
' The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur, unless otherwise specified
' in the approval letter. The mitigation plan must be implemented and/or constructed before
any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the
' travelling public. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina
,
April 2001, the restored length can be used as compensatory mitigation for the impacts
' resulting from the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
' stable reference reach if the existing channel is unstable), to the maximum extent
practical. The new channel should be constructed in the dry and water shall not be turned
into the new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30 foot
wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other
h
d
' ar
structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note
that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina, April 2001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;
' 9. Placement of culverts and other structures in waters
streams
and wetlands m
t b
,
,
us
e
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
' Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
tl
' we
ands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;

0

WQC #3631
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual' or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
13. Measures shall betaken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;
16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401 /Wetlands Unit web site at
http•//h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions
applied to these lots;
17. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44,
whichever is sooner.

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WQC #3631
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
x6k,_ 0J_,4V1k
Alan W. Klimek, P.E.
Director
WQC # 3631

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AWL
Appendix D
Avoidance and Minimization
1
Appendix D
Avoidance and Minimization
Proposed Commercial Development
Providence Road at Johnston Road (Hwy 521)
H&H Job No. CBD-001
Avoidance
The proposed development is located at the northeast corner of the intersection of Providence
Road West and Johnston Road (Hwy 521) in Charlotte, Mecklenburg County, NC. The 6.97
acre development is in a rapidly growing commercial and multi-family residential area located in
the southern portion of Charlotte, southeast of Pineville, North Carolina. H&H conducted a
screening survey of the subject property for Federal Threatened and Endangered Species, and
none were identified. H&H also reviewed archeological maps at the State Historic Preservation
Office and no recorded sites were noted on the subject property. In addition, no structures over
50 years old are present. Therefore, no recorded historic sites or threatened and endangered
species appear to be threatened by the project.
Ballantyne Holdings, LLC has considered and evaluated other potential properties in the area for
development of the proposed commercial development. However, properties or property
assemblages of this size are difficult to find and purchase when they front major road
intersections. The zoning must also match the proposed retail land use. An alternative site
located to the east across Johnston Road (Hwy 521) contains a large jurisdictional pond and two
recorded archeological sites were identified on the property.
Minimization
To minimize site impacts, the proposed site plan was modified to minimize stream and wetland
impacts by reducing parking. This parking reduction resulted in the loss of 4,000 square ft of
building space based on County requirements. The developer has attempted to further reduce
parking, but the proposed project has less spaces than typically required by the County. The
stream located on the property will include a ten foot buffer surrounding the stream and wetland
portion that was saved due to the modification of the site plan. Approximately 90 linear feet of
intermittent stream will be preserved, and a ten foot buffer containing existing wetlands will

' surround the preserved stream section. This will result in preservation of approximately 0.04
' acres of wetlands.
' To protect the stream and wetland, a wet stormwater detention pond will be used adjacent to the
preserved area of stream and wetland. In addition, during site development, good erosion control
practices will be followed. Extensive silt fencing will be used on the construction site perimeter.
' Mitigation
Mitigation for wetland impacts is proposed through payment into the NC EEP in-lieu fee
' program at 1:1 ratio. Because the stream impacts are relatively minor (within NWP thresholds)
and the stream is intermittent, no mitigation is proposed for the stream impacts. Much of the
stream appears to have been straightened in the past and riprap is present in some places along
the stream. H&H discussed the need for stream mitigation with Mr. Alan Johnson of NC DWQ
' on September 27, 2007. Mr. Johnson indicated that no stream mitigation would be needed for
this site because the stream is intermittent (as he confirmed in the field) and the impacts are
under 300 ft.

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Appendix E
NC EEP In-Lieu Fee Approval Letter
NC EEP Receipt

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F ',If
o??tem
PROGRAM
September 5, 2007
Pete Lang
Ballantyne Holdings, LLC
I I 1 Clebourne St., Ste 200
Fort Mill, SC 29715
Project: Providence Road West Commercial Development County: MECKLENBURG
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.

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the issued 404 Permit/401 CertiCcation/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net,
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
CATAWBA
03050103 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts 0 0 300 0.164 0.195 0 0 0
Credits 0 0 600 0.328 0.39 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. 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 and consistent with the
Guidance for Expanded Service Area for Mitigating Impacts within the Lower Catawba River Basin adopted by the
PACG-TC on September 12, 2006.
' If you have any questions or need additional information, please contact Kelly Williams at [phone].
cerely,
Wi D. Gilmore, PE
Direc r
cc: Cyndi Karoly, NCDWQ Wetlands1401 Unit
' Steve Chapin, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Matt Bramblett, agent
RestoYU... ... P?ot? .Ort•,Y Stan, WMA
' North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 I www.nceep.net
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Ecosystem t
PROGRAM
RECEIPT
December 27; 2067
Pete aria ---
allantyne ioldi as,'LLC
' 1 e1?o e t.,ySte 200
Fort Mill, SC 2971
' Project: Providence Road West Commercial Development
County: Mecklenburg
D W Q#: 07-1673
' COE#: 2007-02551-360
EEP #: ILF-2007-5694
Amount Paid: $11,006.75
Check Number: 2591
' The. North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment. for the
compensatory mitigation requirements of the 401 Water Quality Certificatiori/Section 404/CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
' The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
' River .Basin Stream Credits Wetland Credits Buffer I & II
CU (linear feet:) (acres) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
' Catawba 0 0 0 0.123 0.195 0 0
03450103
Please note that a payment made to the Ecosystem Enhancement Program is not reimbut:sable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information. please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve, C'hipin, USACR-Asheville; Thelma) Remminewai - USAC17Wilminutnn
Alan Johnson„NC DWQ-Mooresville
Matt Bramblett, agent
File
ATA
?ZP?StDY E O"... PrOt"' 0etr Stag
RC-6ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 (919-715-0476 / www.nceep.net

1
0

1

Appendix F
Approved Stormwater Management Plan

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Appendix G
USFWS Endangered and Threatened Species Letter

I

United States Department of the Interior
FISH ANU WfI.._DLIf'E SERVI(E
Asheville Field Office
160 Iillicoa Street
Asheville, North Carolina 2,9801
August 21, 2009
Mr. Matt Bramblett
Hart & Hickman
2923 South Tryon Street
Suite 100
Charlotte, North Carolina 28203
Dear Mr. Bramblett:
Subject: Endangered and Threatened Species Assessment, Proposed 6.97-Acre
Commercial Development along Providence Road West, in Charlotte,
Mecklenburg County, North Carolina (H&H Job No. CBD-002)
In your letter of August 7, 2009, you requested our comments on the subject project. We
have reviewed the information you presented and are providing the following comments
in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
According to the information you provided, your client is proposing to develop a 6.97-
acre site for a commercial development. The site currently consists of residential and
undeveloped land. An unnamed tributary to Clems Branch flows across the property. No

' details were provided regarding the construction plans or proposed impacts to the
unnamed tributary. The purpose of this letter is only to inform you of federally listed
species that occur within the geographical area indicated on the map you sent, and we
have included a detailed list of information that will be required for us to fully assess the
potential direct, indirect, and cumulative impacts of any construction/development
projects in this area.
' Endangered Species. According to our records and a review of the information
provided, no listed species or their habitats occur on the site. Therefore, we believe the
' requirements under section 7 of the Act are fulfilled. However, obligations under
section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this
identified action that may affect listed species or critical habitat in a manner not
' previously considered, (2) this action is subsequently modified in a manner that was not

considered in this review, or (3) a new species is listed or critical habitat is determined
that may be affected by the identified action.
At this stage of project development and without more specifics about construction
' locations and techniques, it is difficult for us to assess potential environmental impacts
(direct, indirect, and cumulative). We therefore recommend that any environmental
document prepared for this project include the following (if applicable):
' 1. A complete analysis and comparison of the available alternatives (the
build and no-build alternatives).

0
0

C

2. An assessment of any development that will impact the 100-year
floodplain.
3. A description of the fishery and wildlife resources within existing and
required additional rights-of-way and any areas, such as borrow areas,
that may be affected directly or indirectly by the proposed project.
4. The acreage and a description of the wetlands that will be filled as a
result of the proposed project. Wetlands affected by the proposed
project should be mapped in accordance with the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands. We recommend
contacting the U.S. Army Corps of Engineers (Corps) to determine the
need for a Section 404 Clean Water Act permit. Avoiding and
minimizing wetland impacts is a part of the Corps' permitting process,
and we will consider other potential alternatives in the review of any
permits.
The extent (linear feet as well as discharge) of any water courses that
will be impacted as a result of the proposed project. A description of
any streams should include the classification (Rosgen 1995, 1996) and
a description of the biotic resources.
6. The acreage of upland habitat, by cover type, that will be eliminated
because of the proposed project.
' 7. A description of all expected secondary and cumulative environmental
impacts associated with this proposed work. The assessment should
specify the extent and type of development proposed for the project
area once the work is complete and how future growth will be
' maintained and supported with regard to sewer lines, water lines,
parking areas, and any proposed roadways.
' 8. A discussion about the extent to which the project will result in the
loss, degradation, or fragmentation of wildlife habitat from direct
' construction impacts and from secondary development impacts.

9. Mitigation measures that will be employed to avoid, eliminate, reduce,
or compensate for habitat value losses (wetland, riverine, and upland)
associated with any phase of the proposed project.
We appreciate the opportunity to provide these comments. If we can be of assistance or
if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our
staff at 828/258-3939, Ext. 240. In any future correspondence concerning this project,
please reference our Log Number 4-2-09-398.
Sincerely,
- orginal signed -
Bryan Tompkins
Fish and Wildlife Biologist
1
1 4%?Hdft6' Hickffldfl

Via US Mail
1 AL:.r„St; 2001)
1 US Fish and Wildlife SerV.ice
Asheville Ecolo!_Tical Services Office
l ti0 7L 1, [lic0a Street
1 Asheville. North Carolina 2,?30t
Attn: Mr. Brian Cole
1
RRequest for [nFormation and Comment
401 Permit Exc ensio n Request
Providence Road at US Highway 52 [
Charlotte, Mecklenburg County, NC
H&H Job No. CBD-002
1
Dear Mr. Cole:
1 On behalfof CBD Development, Hart & Hicl<:nan, PC (H&-H) is seeking a time extension For a
101 permit (USAGE Action ID SA VV-2007-02551-360). To obtain this extension, Mr. Steve
1 Chapin has requested we submit a new PCN application. There Fore, H&E is requesting
intbrmation concerning the potential presence of threatened and endangered species located on
1 or near a proposed commercial development site (hereafter, referred to as "subject site") located
in Charlotte. NIecklenburg Countv, NC. The subject site consists of approximately 6.97 acres of
1 residential and undeveloped [and located southwest of the intersection of Providence Road \vVest
and US Highway 521 (Fig=ure I). The property contains a former residence and se%,cral barns
and was previously used for agricultural activities. The subject site is horderL-d tc, the north by
Providence Road WLst and undeveloped vacant lard, to the west b,, residential properties. to the
1 south by commercial and undeveloped land, and to the east by US HIL,1-iwav 521 and
undevelopcd land.
lrl Order to ltl es tI ate tilt potential preseriCe (it endangered 01' pr(;ttCild ilUia a!1_ tauiM il1C'.
1 vicinity oFthe subject site. Fi,._H rccently conducted the following activities:
1

Mr. Brian Cole
' • re` ie"wed Stale list, Cd Rare. slrcat ned. ;ar.d En, lar' r?'.: species C r`rti}li
Quadran,le in t!ie N iEural r' 'rPr' ,,i- 7, H
a '^
hi: ?t u?:, ? ?u, t,o , i l.aC;a L?t, C r,COs`; 1t
l it7:, '.yy-.ncnhG.or?.'
• rov e ved tl:e Federal Tl-r2at, rne , ' ,rcl Eneaan` Ier, a Spe.;es L`,
. ,.? ; moist ? NC on the U.S. F XS website httt,:?'so!a`least.±??'s.?ro?,'es
• re% ie,,ved the Federal Reristr,r and the US FA intormaticn pertainin(_= to FZ'derull,-
Desi-nated Critical Habitats at LIhe L SF'V S ?website h,,-,,,-: ,crithab.t.vs.'rov
• conducted an on-site surve,, in or?'er to scree.; t,e subject prone:-t?? and pe:-iphraI area
'
' un iziny_> habitat suitabt,' criteria (i.e., land co -er ty :e status, suii?!, p?_t?ntia': cor--`,
q!lalitieS, prilTiary feed sOtr' e a':`aiial,i!it, .and bUter zone Q amities)
North Carolina Natural Herita,e Pro<zram
' The Natural Heritage Program (NHP) is a state database that includes rare, threatened, and
endangered flora and fauna. HS H reviewed the NC Natural Herita'ae database for Rare and
' Endangered Species and nearby Natural Areas on the NHP database search and virtual
workroom. None of the NHP Natural Heritage Elements of Occurrence (NHEO) listings were
mapped or, the subject property.
H&H also searched the Weddington Quadrangle for NHEO's at the NHP website. iL in-ton
contained tour state fisted species that are considered direater,ed or er,dan'_ercd. The NHEOs for
the ???eddington quadrangle contain the fol!o%vin?u:
• Carolina Crecksheli (Villosa I uuI lrcurl?.rt?r) - Endan-gored
• Schweinitz's SL!1`1 - er (HL'1!Cuzt/?10..'!'c'lrIt L'b71t=i) - Endan__ercd
• ?llChaU.? S SLIMILIC (R/lads in c'haii_'iil) - Elidan',ered
• Lcor ula AstcC (Jl-'/1.1h?s1','IJti'/('liil111 ?'(iJ'?lUil(U)2) - TI-ii catcncdi
Irte,, dIt t flid iln
?. ?.',:?-?? r < -? jar (-13 , ;,?., e,. ..:u - t ISII : ?31:.w!_ ,,?, I'r ?... ?. ?, !e•. i,:: .i.

ast 2? O0
17 '1 ?7P i
Fe ?r ! Threatened and Endangered Species Lis',
Her, e c1 rl-e 1_'S F WS F C „rte.-„j ` [
e_.era1 Threat -ne? ar_d CC ,es "ist per ?i? K:znr,ur,
Count.". ` ;C', which includes the tuilovvin:
• Bald eav,!e (Hallaeetus teucocep!lalus) - Bald ar.d Loden i male P"utectlun . ct
• Carolina Heelsplitter. (1 asmi<,ona decorate) - Endangered
• -Michaux's sumac (Rhos in±L'huu::ii) - Endangered
• 5cilw e :n >tz's sunflower (Heliunrnu.?' scf'?;ic?i;?it_ii) - Endan-?.. ?.
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• SIrooth Conehower (c?i'hii2UCC'tl ?ci?'1:tyL[CCI} - End«ri??ered.
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Critical ? tats
'rr.&H revieLved federal re,.sistrv 'nf??rmation pertaining to Federally-Designated Threatened and
Endangered Species Critical Habitats for the species listed above. No Federally-Designated
Critical Habitats were identified on or near the subject property.
Visual Survey
On July 24. 2009, H&-H conducted a visual screenin survev of the subject property for the
threatened and endangered species listed above. H&.H also visited a site Leith a known
Schweinitz's sunflower population located on Banks Road in Fort dill, York County, Soutll
Carolina, to view and identify the stage of dev;:lopment of the Schweinitz's sunflower as a
reFere-nce population. The habitat for the Bald Earle (Forests near large open bodies of water),
Carolina Heelsplitter (small to large streams and rivers alone, stable, Lvell shaded stream banks),
and Carolina creeksheil (silty sand or, clay along the banks oFs,11all streams) is not present on or
adjacent to the subject property. and the species avert not id.ntitied by H(:,:,l-i during t!-e site vis it.
Tl,,c suhj'ect site does C:nntaln an unnanie,,l Inte1'nllttent tributary of Clenls Brailcll; e;', the
stream COntaills rlprap and has been pC -;t LISI r cLll',erted for an access ri)a.d on till: sLb?ect
property.

(l?r?31 X11

' tiI'-. Briar f` ,le
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' ?i. aISC% 1SLiaill, SCr?CrCt_i iilC SU?je" t property Nor L(;Ci, L'< > >a'1laC. ?nw(-A re?!o v
aSte., anl'. ?CC:4bein!t_ S Sw iC`',.V ?le i1a??tat r(%l iiC!'1L:, S SUi11al 1 "1?C1', r ,.`,L;?`,
(Vilen'. Qods in associa6-n witll 7aSiC SCi!S? iS nC)t I'eSe11 (
/ Jil 0 al nt t l p1 .,pll .
The Ilabitat for the Sii.Oi,th Conefllw.ver iopen wocfis. Cedar barrens.
' po.ver line rivaht-ot=tivaysj, Gen rV,a aster 1r open wood ? r' h
s, ro, js'd?-s a a of er upenin?,. ar,d
Sch?.veinitz's sun.iower k"madsides, po"ver lire cicarinyT?. old pa_tun-s, and wood!and oCt-'nin'•S
' was ident;t:ed on the su' jc:_t site. HS'H inspected roadsides, p?: per line e ru `7s, and '.4(vdian?+.
openings to the Spec: cs listed aCw, e and dit:i not Cient' ' t'e Smo0til Ct)net?o .?" r, Cc(-,
i'`?'a aSt:r
or Scilweiniitz,s sunt`(:;wer at file Subject Site.
Please review the above information and pro,ide a written response as to the potential for
protected species on this property. [f possible, pOSSiole, pleas: respond to tl1 S ?'Lq ieSt LVlt ii: uavs. I L
you have any questions, please do not hesitate to contact us.
Sind:el::
Hart & Hickman, PC
' C'rlrstal ?iorman
C/Wj
Environmental Scientist, Biolo-ist
ilatt Branlblett
Principal ar,d Project Nlanager
'A, tachnlent
C' c: ?,-lr. Pete Lana. CBD Dc,. c!Opnlent

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