20081155 Ver 4_More Info Received_20180116

Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 1/16/2018 8:42:57 AM (Supplemental Submital)
Accept by Montalvo, Sheri A 1/16/2018 8:48:08 AM (NON -DOT - EAsting Project)
• The task was assigned to Montalvo, Sheri A 1/16/2018 8:43 AM

Water Resources
ENVIRONMENTAL QUALITY
Staff Review:
Submittal Type: C New Project
C Pre -Application Submittal
f• More Information Response
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do
not have the a)pectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
ID#*
20081155
Version*
4
Is this project in a CAMAAEC area?* r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - [phone]
Project Submittal Interim Form
subrritted: 1/16/2018
Project Contact Information:
................................................................................................................................................
Name: Paul Petitgout
Vft is submitting the infornation?
Email Address: [e-mail]
Project Information:
Existing ID #:* Existing Version:*
20081155 4
Project Name: Kellswater Subdivision Phase 3
Is this a public transportation project?
C Yes
r No
County (les)
Cabarrus

Describe the attachments:
This project was originally submitted as an Individual Permit in August 2017, but was later determined that it
could be permitted under a Nationwide Permit. Alan Johnson has requested that a copy be sent directly to him
via email. That has been completed. This has also been sent to the US Army Corps of Engineers - Mr. David
Shaeffer via email. The attachments consist of a Nationwide Permit (PCN) package including all figures and
drawings. Modelling for the Box Culvert - Impact #3 is also included (very large files).
Please upload all files that need to be submited.
PCN PACKAGE - SAW -2016-00410 - Kellswater Phase
6.45MB
3_Kannapolis_Cabarrus County_NC.pdf
Modeling Data Package - Final.pdf 9.44MB
Only pdr files are accepted.
PF By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act)
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
• I intend to electronically sign and submit the form.
Signature:
,57 rrLrctrse��

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
2. Work Type: Private Institutional Government Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8. Project Location – Tax Parcel ID [PCN Form B1a]:
9. Project Location – County [PCN Form A2b]:
10. Project Location – Nearest Municipality or Town [PCN Form A2c]:
11. Project Information – Nearest Waterbody [PCN Form B2a]:
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Standard Permit Pre-Application Request
Nationwide Permit # Unauthorized Activity
Regional General Permit # Compliance
Jurisdictional Determination Request No Permit Required
Revised 20150602
2016-00410
Kellswater Phase 3
✔
Residential Subdivision ; Fill of approximately 291 linear feet of intermittent/perennial stream and 0.037-acre of bottomland hardwood
wetlands.
MRECV-KW, LLC (Mr. Scott Lawrence)
S. Paul Petitgout - Lowrys Environmental & Ecological Services, LLC (LEES)
SAW-2016-00410
35.468241 N. -80.656557 W., Isenhour Road at Rogers Lake Road, Kannapolis,NC
56036085330000; 56036040930000; 560269472000
Cabarrus
Kannapolis
Irish Buffalo Creek (13-17-9-(2))
Yadkin-Pee Dee (HUC 03050105)
Page 1 of 10
PCN Form – Version 1.4 January 2009
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. 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
1e. 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 only for Corps Permit:
Yes 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
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Kellswater Phase 3
Cabarrus
Kannapolis
Kellswater
N/A
MRECV-KW, LLC
DB 12449 PG 227 This is for the largest parcel (PIN 56027902820000)
Scott Lawrence
13860 Ballantyne Commons Parkway; Suite 130
Charlotte, NC 28277
704-930-7510
[e-mail]
29
Page 2 of 10
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:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
S. Paul Petitgout
Lowrys Environmental & Ecological Services, LLC
1823 Quinn Road
Chester, SC 29706
803-992-0910
[e-mail]
Same as Owner
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
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:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
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:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
multiple - see attached list
80.656557
77
Irish Buffalo Creek 13-17-9-(2)
C
Yadkin-Pee Dee (HUC 03050105)
Please see additional pages (attached).
0.5
Please see additional pages (attached)
Please see additional pages (attached).
Environmental Services, Inc
JD Issued: 2-29-16; Copy of JD is attached. (Corps Action ID: SAW-2016-00410)
Corps Action ID: SAW-2016-00410; Application Date: 11-13-15; Permit Issued: 2-29-16; Copy of permit is attached.
This has been a phased project. However, there will be no additional impacts associated with this project.
35.468241
5,000
Jeff Benton
Page 4 of 10
PCN Form – Version 1.4 January 2009
C.Proposed Impacts Inventory
1.Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
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.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
2g.Total Wetland Impacts:
3.Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
Fill Bottomland Hardwood Forest Yes Corps 0.036
Yes Corps 0.001
Yes/No -
Yes/No -
Yes/No -
Yes/No -
0.036
2h. Comments:
Impact W1(Impact 1A) = 0.036-acre of wetland impact
Impact W2(Impact 3A) = 0.001-acre of wetland impact
Fill Impact #1 INT Corps 3 67
Impact #2 3 76
Impact #3 8 148
291
3i. Comments:
Impact S3 (Impact 3) was previously permitted under SAC-2016-00410 for ±112 linear feet of impact. Due to the potential scour as evidenced by
modeling efforts and required by the City of Kannapolis, NC, the impact must be increased to 148 linear feet to accommodate a stilling basin to prevent
scour in the channel.
P
P
-
-
-
-
Fill
Choose one
Choose one
Choose one
Choose one
Bottomland Hardwood Forest
Choose one
Choose one
Choose one
Choose one
P
P
P
-
-
-
Fill
Culvert
Choose one
Choose one
Choose one
INT
PER
-
-
-
Corps
Corps
-
-
-
Page 5 of 10
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.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
5f.Total:
5g. Comments:
5h. Is a dam high hazard permit required? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Choose one Choose
N/A
Choose one
N/A
Yes/No
N/A
-
-
-
-
Choose one
Choose one
Choose one
Choose
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1.Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2.Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
3.Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
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: linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
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.
Please see the attached sheets
Please see the attached sheets.
N/A
N/A
350
warm
0
0.036
N/A
Choose one
Choose one
Choose one
0
0
Page 7 of 10
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: N/A
Page 8 of 10
PCN Form – Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
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:

2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? 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
N/A
25
N/A
Either permanent ponds or sand filters will be utilized to treat stormwater prior to the water leaving the site.
City of Kannapolis, NC
City of Kannapolis, NC
Page 9 of 10
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
Yes No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
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
additional development, which could impact nearby downstream water quality? Yes No
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.
N/A
This is the final phase of a multiple phase development. There should be no future impacts that are either directly or indirectly associated with the
Kellswater Phase 3 Development.
This project will be serviced by existing sewer facilities maintained by the City of Kannapolis, NC.
Page 10 of 10
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
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?
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
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
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?
Applicant/Agent's Printed Name
_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)

Date
_______________________
Applicant/Agent's Signature
t' i t i lid l if th
Asheville
USFWS Database/NC Natural Heritage Database
EFH Mapper (12-20-17)
National Register of Historic Places
N/A
FEMA FIRM Panel 3710560200J and FIRM Panel 3710560300J
S. Paul Petitgout 01-05-2018
Project: Kellswater Phase 3
Corps Action ID No. SAW-2016-00410
Attachments Included With PCN Form
1.“Additional Pages” that are included to supplement the PCN Form.
2.Figures and Engineering Drawing Sheets (Sheets 1-14)
3.Executed Agent Authorization Form
4.Copy of Nationwide Permit SAW-2016-00410 issued February 29, 2016.
5.NC Division of Mitigation Resources – Mitigation Acceptance Letter
Please note: The scour analysis modeling data is not included in this
package due to the size of the files. These files can be provided but an
alternate transmission method will need to be used to transfer the
files. Please let us know what would be the best method to transfer
these files.
Section B. Project Information and Prior Project History
1. Property Identification
1a. Property Identification Number(s)(Tax PIN or Parcel ID).
All or portions of PINs: 56036085330000; 56036040930000; 56026947200000;
56027902820000; 56026964000000; 56025994300000; 56025976430000; and 56025958770000

1c. Property Size. ±77-acres (Phase 3) of a total ±256-acre Kellswater Project (Sheets 1-4).

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:

NC Land Cover Categories that occur on site:
Heavily developed and disturbed land
Forest Land
Mixed Deciduous-Coniferous Forest Land (Oak-Pine)
Water Bodies
Inland Water Bodies
Linear Drainage
Other Water Bodies

NC Land Use Categories that occur on site:
Urban and developed land (Residential)
Agricultural land (Cropland and Pasture)
Active forest management and harvesting (Passively Managed Forest Stands)
Water Bodies (Reservoirs and Artificial Lakes) (Retention or Sediment Ponds)

Current Site Conditions
The subject property currently comprised of a large mixture of different uses. Those include
existing residential development (in Phase 1), clearing for new development (Phase 2, 4 and 5),
and existing timberland (Phase 3). Upland forested communities are dominated by a canopy of
sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), loblolly pine (Pinus taeda), yellow
poplar (Liriodendron tulipifera), and American beech (Fagus grandifolia). The shrub layer is
primarily saplings of the canopy species, but also includes ironwood (Carpinus caroliniana),
Chinese privet (Ligustrum sinense), and red cedar (juniperus virginiana). The groundcover consists
of vines such as Japanese honeysuckle (Lonicera japonica) and wild grape (Vitis rotundifolia) with
herbaceous individuals such as Christmas fern (Polystichum acrostichoides), and blackberry
(Rubus argutus) also being present. Topography in the area is generally moderately sloped.

Onsite wetlands consist of a few canopy tree species such as sweetgum (Liquidambar styraciflua),
yellow poplar (Liriodendron tulipifera), and Ironwood (Carpinus caroliniana). The majority of
shrubs are saplings of canopy species. Herbaceous groundcover is dominated by microstegium
(Microstegium vimineum), and poison ivy (Toxicodendron radicans).

Jurisdictional waters of the U.S. were classified according to USACE guidance. The results of the
jurisdictional determination investigation indicated that there are several jurisdictional stream
segments located within the development. All of these streams are either first or second order
tributaries that either form or empty into Irish Buffalo Creek, a part of the Yadkin-Pee Dee River
basin (HUC #03040105) (USGS 1974).

3d. Describe the Purpose of the proposed project:

The growth of the housing market in the greater Charlotte Metropolitan area (seven county area)
has been enormous since the end of the “Great Recession.” The demand for housing in the area
has skyrocketed since 2011 and appears to be heading for increases into the foreseeable future.
With this in mind, the owners of the Kellswater, Phase 3 Development Site have begum
developing the other phases of the site over the last several years to meet the growing need for
housing in this quickly growing area of Cabarrus County, North Carolina. Currently, demand is
extremely strong for housing in the Kannapolis area due to very rapid growth. The increased
demand has been created by a shortage of entitled developments that have the needed
infrastructure to quickly move from an undeveloped state to finished lots in the area. With this in
mind, the basic purpose of this project is to provide residential housing in this area of Cabarrus
County where growth is exceeding the supply of housing, while completing the development in
an environmentally sensitive manner (keeping wetland and/or stream impact to the minimum
necessary to meet the overall objective of the project). The overall purpose of the project is to
expand the existing development (phases 1 and 2) by bringing on line Phase 3 which will be able
to use the existing infratructre already created by Phases 1 and 2, which should allow the area to
be developed with less environmental impact than if the Phase 3 development was starting from
scratch on properties not associated with the Kellswater development.

3e. Describe the overall project in detail, including the type of equipment to be used:

This project consists of the construction of a residential development and all necessary
infrastructure (sewer, roads, stormwater control, etc.). There are 4 proposed jurisdictional
impacts associated with this project. Impact # 1 and 1a consists of a small wetland and
intermittent stream impact that is needed for additional access to areas on the site (Sheets 10-
11) . Impact #2 consists of the fill of an intermittent stream for the purposes of constructing two
lots. It should be noted here that the overall fill for this impact has been reduced (from ±118 lf to
76 lf) in an effort to reduce the overall impact (Sheets 10 and 12). Impact #3 consists of a
culverted perennial stream crossing to be able to access Phase 3 of the project from the earlier
phases of the project (Sheet 10-13). This crossing was authorized under a Nationwide Permit that
was issued in February 2016 (SAW-2016-00410). However, additional impacts will be needed at
this crossing to aid in the prevention of scour (based on modelling and being required by the City
of Kannapolis, NC). A “stilling basin” has been determined to be the most effective energy
dissipater with the least amount of environmental impact (Sheet 14). A copy of the modeling
effort is included for your review.

Equipment to be used will include, but is not limited to, bulldozers, track hoes, back hoes, dump
trucks, pans, etc.

Section D. Impact Justification and Mitigation

1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project.

Wetland and stream impacts on the preferred alternative have been avoided and/or minimized
to the greatest extent practicable. The project will impact approximately 293 linear feet. The
vast majority of jurisdictional areas are avoided by the development of the property. The reason
that the vast majority of jurisdictional areas are avoided is that the developer’s engineer took
care to try and avoid jurisdictional areas to the greatest extent practicable. Most stream impacts
are to first order, intermittent streams (except for the culverted crossing between the existing
development and Phase 3) (Sheet 5). The wetlands that are proposed for impact are small
wetland areas adjacent to the tributaries on site.

During the initial design efforts, several configurations were evaluated for lot efficiency and
environmental impact. The first draft of a sketch plan (Sheet 6) had approximately 650 linear
feet of stream impact and approximately 0.2-acre of wetland impact. All of the impacts were
directly related to either lot fill or road fill. This plan would call for impacts to the entire stream
and wetland system that drains to Irish Buffalo Creek along the eastern property boundary.
Additionally, a small wetland pocket along the southern boundary of this phase would also be
completely eliminated by this plan. The engineer and developer both agreed that the impacts
were too great and that a plan could be derived on this site that met the overall need for lots
while minimizing impacts to jurisdictional areas.

The second draft of the sketch plan (Sheet 7) reduced impacts to the wetland and stream system
that drains to Irish Buffalo Creek by approximately 200 linear feet, but the central portion of the
stream reach would still be impacted by lot fill and isolating the upper portion of the reach and
the small wetland at the head of the reach above the pipe that would be needed to pass water
through the area of fill. Additionally, the small wetland along the southern boundary of the
phase is eliminated, as well (Proposed Impacts: Stream-450 lf; Wetland-0.2-acre). Again the
engineer and the developer determined that a better plan that still met their development goals
with fewer impacts was still possible.

A third draft of the sketch plan (Sheet 7), was reviewed and it consisted of the same basic plan
as the second draft with the exception of connecting the two cul-de-sacs and placing a culverted
crossing in the tributary to Irish Buffalo Creek. The engineer calculated that the impacts would
be nearly the same as the second draft sketch plan with a similar lot efficiency. This plan was
discarded also.

The fourth draft of the sketch plan (Sheet 8), which was presented as the preferred plan for the
initial Individual Permit application, reduced impacts to the tributary to Irish Buffalo Creek down
to 67 linear feet. The wetland at the head of this tributary is also lost, but the wetland size is
relatively small (0.032-acre). A small trail crossing (20 linear feet) of this same triburary is
planned for a trail system along Irish Buffalo Creek. The secondary tributary that drains to
another tributary of Irish Buffalo Creek also benefits from this plan as impacts are reduced from
approximately 200 linear feet down to 118 linear feet. Impacts to the wetland along the southern
phase boundary is eliminated completely.

After meeting with the US Army Corps of Engineers and NC Division of Water Resources in mid
November, additional reductions in impacts were also implemented, creating the final plan
(Sheet 9). The 20 linear foot trail crossing was eliminated and either a bottomless culvert or
bridge span will be utilized to cross this tributary. Additionally, the 118 linear foot impact on the
secondary tributary to Irish Buffalo Creek has been further reduced by utilizing a retaining wall
at the back of the lot to retain use of the lots while eliminating approximately 42 linear feet of
impact that was associated with the slope grading behind the lot. This graded slope is eliminated
by use of the retaining wall.

In summary, the developer and his engineer has designed a site that meets the stated purpose
and need of the project while avoiding and minimizing impacts to jurisdictional areas to the
greatest extent practicable. Table 1 summarizes the proposed impacts for each version of the
sketch plan.

Table 1. Summary of Jurisdictional Impacts for Each Sketch Plan Reviewed.
As was mentioned earlier, Impact #3 (Impacts 3 and 3a) were originally permitted February 29,
2016 (SAW-2016-00410). Recently, the City of Kannapolis had requested the engineer model the
potential scour downstream of the pipe. After completing this analysis, the City required changes
downstream of the pipe to alleviate the significant scour that the modelling predicted would
occur. After reviewing several scenarios (each trying to reduce the stream impact associated with
the downstream armoring), a stilling basin was chosen as it created the least amount of impact
downstream of the pipe while attenuating the potential scour the modelling predicted would
occur (Sheet 14). A copy of the modelling effort is attached for review.

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques.

In the final sketch plan, the impacts to the secondary tributary to Irish Buffalo Creek were reduced by
utilizing a retaining wall to minimize the impact to the intermittent stream while still maintaining the
integrity of the two lots. The utilization of this technique reduced this particular impact by 42 linear
feet. Most other impact reductions were the result of changes in design that led to the reductions.
Sketch Plan Version Stream Impacts
(linear feet)
Wetland Impacts
(acres)
1st Sketch Plan ±650 ±0.2
2nd Sketch Plan ±450 ±0.17
3rd Sketch Plan ±430 ±0.17
4th Sketch Plan 317 0.036
Final Sketch Plan 291 0.037

Lowrys Environmental &
Ecological Services, LLC
1823 Quinn Road
Chester, South Carolina 29706
803-992-0910
Kellswater Phase 3
City of Kannapolis, Cabarrus County, North Carolina
USGS Topo Map
Drawn By: SPP
Project Mgr. SPP
Date: 06-23-17
Scale: 1”=1,320’
Rev. 01-03-18
Sheet: 1
N
Overall Development
(± 256 acres)
Project Location
(± 77 acres)
1 inch equals 1,320 feet
Source: Landvoyage.com,
USGS Kannapolis (NC) Quadrangle, 2000.
Feet
1,3200660
Overall Development
Project Area
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for, and
is not suitable for legal or engineering purposes.
Lowrys Environmental &
Ecological Services, LLC
1823 Quinn Road
Chester, South Carolina 29706
803-992-0910
Kellswater Phase 3
City of Kannapolis, Cabarrus County, North Carolina
USGS Topo Map
Drawn By: SPP
Project Mgr. SPP
Date: 06-23-17
Scale: Not to Scale
Rev. 01-03-18
Sheet: 2
Project Location
(± 256 acres)
N
Soils Legend
SYMBOL
CcB2
CcD2
Ch
CuB2
CuD2
EnB
EnD
PaF
PoF
FULL NAME
Cecil sandy clay loam, 2 to 8 percent slopes, eroded
Cecil sandy clay loam, 8 to 15 percent slopes, eroded
Chewacla sandy loam, frequently flooded
Cullen clay loam, 2 to 8 percent slopes, eroded
Cullen clay loam, 8 to 15 percent slopes
Enon sandy loam, 2 to 8 percent slopes
Enon sandy loam, 8 to 15 percent slopes
Pacolet sandy loam, 15 to 35 percent slopes
Poindexter loam, 15 to 45 percent slopes
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for, and is
not suitable for legal or engineering purposes.
Overall Boundary
Project Area
Location and extent is approximate.
Source: USDA Soil Survey of Cabarrus County
(Not drawn to scale)
Lowrys Environmental &
Ecological Services, LLC
1823 Quinn Road
Chester, South Carolina 29706
803-992-0910
Kellswater Phase 3
City of Kannapolis, Cabarrus County, North Carolina
USGS Topo Map
Drawn By: SPP
Project Mgr. SPP
Date: 06-23-17
Scale: 1”=1,320’
Rev. 01-03-18
Sheet: 3
Overall Development
(± 256 acres)
Project Location
(± 77 acres)
Not to Scale
Source: USGS Earth Explorer
May 2014 NAIP Aerial Photography.
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for, and
is not suitable for legal or engineering purposes.
Project Area
Overall Boundary
N
Lowrys Environmental &
Ecological Services, LLC
1823 Quinn Road
Chester, South Carolina 29706
803-992-0910
Kellswater Phase 3
City of Kannapolis, Cabarrus County, North Carolina
USGS Topo Map
Drawn By: SPP
Project Mgr. SPP
Date: 06-23-17
Scale: Not to Scale
Rev. 01-03-18
Sheet: 4
N
Soils Legend
SYMBOL
CcB2
CcD2
Ch
CuB2
CuD2
EnB
EnD
PaF
PoF
FULL NAME
Cecil sandy clay loam, 2 to 8 percent slopes, eroded
Cecil sandy clay loam, 8 to 15 percent slopes, eroded
Chewacla sandy loam, frequently flooded
Cullen clay loam, 2 to 8 percent slopes, eroded
Cullen clay loam, 8 to 15 percent slopes
Enon sandy loam, 2 to 8 percent slopes
Enon sandy loam, 8 to 15 percent slopes
Pacolet sandy loam, 15 to 35 percent slopes
Poindexter loam, 15 to 45 percent slopes
Project Location
(± 77 acres)
Overall Development
(± 256 acres)
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for, and is
not suitable for legal or engineering purposes.
Project Area
Overall Boundary
Location and extent is approximate.
Source: USFWS NWI Mapper
(Scale: As Noted)
Lowrys Environmental &
Ecological Services, LLC
1823 Quinn Road
Chester, South Carolina 29706
803-992-0910
Kellswater Phase 3
City of Kannapolis, Cabarrus County, North Carolina
Cabarrus County, NC GIS Aerial (Unknown Date)
Drawn By: SPP
Project Mgr. SPP
Date: 06-23-17
Scale: Not to Scale
Rev. 01-03-18
Sheet: 5
Kellswater
Development
Kellswater
Phase 3
(±77-ac.)
N
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for, and is
not suitable for legal or engineering purposes.
Kellswater Phase 3 Alternative
Kellswater Development
Location and extent is approximate.
Source: Cabarrus County, NC GIS
(Scale: Not to Scale)
Sheet 6
Sheet 7
FOURTH DRAFT PLAN
IMPACT #2 STREAM ±118.00LF /0.005 AC
KELLSWATER PHASE 3 City of Kannapolis, North Carolina
Drawn B : RSN Date: Jul 15 2016 Rev:Jan 3 2018
En ineer: PLM Scale: 1" = 400' Sheet: 8
400
IMPACT #1-#1A STREAM ±67.00LF /0.003 AC WETLAND ±0.036 AC
IMPACT #3 STREAM ±20.00LF /0.002 AC
GRAPHIC SCALE
0 200 400 800 �------I I I
( IN FEET )
1 inch = 400ft.
R. Joe Harris & Associates, Inc.
Engineering • Land Smveying • Planning
Management
127 Ben Casey Drive, Suite 101, Fort Mill, SC29708 [phone]
REDUCTION OF IMPACTS AFTER NOV. 2017 MEETING
IMPACT #2 STREAM ±118.00LF /0.006 AC (REDUCED TO :l:76.00LF /0.003 AC)
KELLSWATER PHASE 3 City of Kannapolis, North Carolina
Drawn B : RSN Date: Jul 15 2016 Rev:Jan 3 2018
En ineer: PLM Scale: 1" = 400' Sheet: 9
400
IMPACT #1-#1A STREAM ±67.00LF /0.003 AC WETLAND ±0.036 AC {IMPACT IS THE SAME)
IMPACT #3 STREAM ±20.00LF /0.002 AC {IMPACT ELIMINATI'.D)
GRAPHIC SCALE
0 200 400 800 �------I I I
( IN FEET )
1 inch = 400ft.
R. Joe Harris & Associates, Inc.
Engineering • Land Smveying • Planning
Management
127 Ben Casey Drive, Suite 101, Fort Mill, SC29708 [phone]
DESC. Type Length/Area
lmpact#1 Stream 67.00 LF/0.003 AC.
lmpact#1A Wetland 0.036 AC.
IMPACTED WETLANDS
400
IMPACT #1-#1A STREAM ±67.00LF /0.003 AC WETLAND ±0.036 AC
GRAPHIC SCALE
0 200 400 800
lmpact#2 Stream 76.00 LF/0.003 AC. �----I I I lmpact#3 Stream 148.00 LF/0.014 AC.
lmpact#3A Wetland 0.001 AC. --
Total Wetlands 0.037 AC. IMPACT #3-3A STREAM ±148. OOLF LO. 014 AC Total Streams 291.00 LF/0.02 AC. WETLAND ±0.001 AC
KELLSWATER PHASE 3 City of Kannapolis, North Carolina
Drawn B : RSN Date: Jul 15 2016 Rev:Jan 3 2018
En ineer: PLM Scale: 1" = 400' Sheet: 10
( IN FEET )
1 inch= 400ft.
R. Joe Harris & Associates, Inc.
Engineering • Land Smveying • Planning
Management
127 Ben Casey Drive, Suite 101, Fort Mill, SC29708 [phone]
IMPACT #1-1A PLAN VIEW -WETLAND
STREAM IMPACTS (THIS VIEW): ±67.00 LF/0.003 AC.
WETLANDS IMPACTS (THIS VIEW): 0.036 AC. (1580.79 SQFT)
10' RSOD SETBACK {VEGETATED-NO IMPACT)
50
GRAPHIC
0 25
RJH KELLSWATER PHASE 3 LIMITS OF DISTURBANCE
SCALE
50 100 �------I I I
KELLSWATER PHASE 3 City of Kannapolis, North Carolina
Drawn B : RSN Date: Jul 15 2016 Rev:Jan 3 2018
En ineer: PLM Scale: 1" = 50' Sheet: 11
( IN FEET )
1 inch = 50 ft.
R. Joe Harris & Associates, Inc.
Engineering • Land Smveying • Planning
Management
127 Ben Casey Drive, Suite 101, Fort Mill, SC29708 [phone]
IMPACT #2 PLAN VIEW -WETLAND
' ' \ \ .. �· I I I I I I I I ;/-' I I I I \
',,, \ ', ',,
STREAM IMPACTS (THIS VIEW): ±76.00 LF/0.003 AC.
\
KELLSWATER PHASE 3 City of Kannapolis, North Carolina
50' RSOD SLOPE BUFFER (PROTECTED SlREAM)
Drawn B : RSN
En ineer: PLM
Date: Jul 15 2016 Rev:Jan 3 2018
Scale: 1" = 50' Sheet: 12
VARIABLE WIDTH RSOD SLOPE BUFFER
GRAPHIC SCALE
50 0
� -Ill--25 50 I I
( IN FEET )
1 inch = 50 ft.
100 I
R.Joe Harris & Associates, Inc.
Engineering • Land Smveying • Planning
Management
127 Ben Casey Drive, Suite 101, Fort Mill, SC29708 [phone]
IMPACT #3 PLAN VIEW -WETLAND
STREAM
STREAM IMPACTS (THIS VIEW): ±148 LF/0.014 AC.
WETLAND IMPACTS (THIS VIEW): ±0.001 AC. (60 SOFT)
VARIABLE WIDTH RSOD SLOPE BUFFER
KELLSWATER PHASE 3 City of Kannapolis, North Carolina
Drawn B : RSN
En ineer: PLM
Date: Jul 15 2016 Rev:Jan 3 2018
Scale: 1" = 50' Sheet: 13
RJH KELLSWATER PHASE 3 LIMITS OF DISTURBANCE
20' RSOD VEGETATED BUFFER
STREAM IMPACT ±148 LF /0.014 AC.
GRAPHIC SCALE
50 0
� -Ill--25 50 I I
( IN FEET )
1 inch = 50 ft.
100 I
R.Joe Harris & Associates, Inc.
Engineering • Land Smveying • Planning
Management
127 Ben Casey Drive, Suite 101, Fort Mill, SC29708 [phone]
I
IMPACT #3 PLAN VIEW -WETLAND
STILLING BASIN DETAIL VIEW
� � � � � ...BOTIOM OF STILLING BAS�N + 649.025 � ', � RIPRAP APRON = 650.00
IISS PATOR POOL APRON
,
HANNEL
30.0' -------- 10.0'
---� TOP OF BANK
""7
.924'
VARIABLES FROM THE FIGURE
• hs DISSIPATOR POOL DEPTH (0.925')
• Wo
• TW
CULVERT WIDTH (10')
TAILWATER DEPTH (3.986')
.924'
•Ye
• dso
EQUIVALENT BRINK (OUTLET) DEPTH (3.986')
MEDIAN ROCK SIZE BY WEIGHT (0.462')
*NOT TO SCALE
GRAPHIC SCALE
-3r:�a-.::•:.-.:•:.o _,j r 60
KELLSWATER PHASE 3 City of Kannapolis, North Carolina
Drawn B : RSN Date: Jul 15 2016 Rev:Jan 3 2018
En ineer: PLM Scale: 1" = 50' Sheet: 14
( IN FEET )
1 inch = 30 ft.
R. Joe Harris & Associates, Inc.
Engineering • Land Smveying • Planning
Management
127 Ben Casey Drive, Suite 101, Fort Mill, SC29708 [phone]
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. SAW-2016-00410 County: Cabarrus U.S.G.S. Quad: Kannapolis

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: MRECV-KW LLC A Delaware LLC /Attn: Mr. Alexander
Address: 13860 Ballantyne Corporate Place, Suite130
Charlotte, NC 28277
Telephone Number: 704-930-7501

Size (acres): 112 LF Nearest Town: Charlotte
Nearest Waterway: Irish Buffalo Creek Coordinates: 35.46665 N, -80.65874 W
River Basin/ HUC: Rocky Watershed; Upper Pee Dee Basin; HUC: 03040105

Location description: The >200 acre proposed project site is located between Keady Mill Loop and Irish Buffalo Creek in
Kannapolis, Cabarrus County, North Carolina.

Description of projects area and activity: This verification authorizes permanent impacts to 112 LF of perennial stream channel
associated with the construction of a residential development.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number or Nationwide Permit Number: 29
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated November 13, 2015 . Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional 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/regional permit. If the nationwide/regional 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/regional permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional
permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional 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 Resources (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 Kichefski at 828-271-7980, ext. 234 or [e-mail].

Corps Regulatory Official: ___________________________ Date: February 29, 2016
Steve Kichefski

Expiration Date of Verification: March 18, 2017

KICHEFSKI.STEVEN.L
.1386908539
Digitally signed by
KICHEFSKI.STEVEN.L.1386908539
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=KICHEFSKI.STEVEN.L.1386908539
Date: 2016.02.29 16:30:12 -05'00'
SAW-2016-00410
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 subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.

D. The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW- .

Basis for Determination:
The project area contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont
Region(version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channel in the project area is an unnamed tributary (UT) to Irish Buffalo Creek which
flows into the Rocky Watershed; Upper Pee Dee Basin; HUC: 03040105. The UT to Irish Buffalo Creek flows to the Atlantic
Ocean via Irish Buffalo Creek, Cold Water Creek, the Rocky River and the Pee Dee River. The Pee Dee River is a Section 10
Navigable-In-Fact water starting at the Blewett Falls Dam.
Remarks: A portion of this project area was included with the verification/JD SAW-2005-31764 issued on June 20,
2005. A follow up field visit was conducted by Steve Kichefski on June 18, 2013 and this PJD is based on the updated maps
submitted November 13, 2015.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the parti cular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).

This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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:

US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

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 of the date of issue 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.**

SAW-2016-00410
Corps Regulatory Official: ______________________________________
Steve Kichefski

Issue Date of JD: February 29, 2016 Expiration Date of JD: N/A

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 our Customer Satisfaction Survey, located online at http://regulatory.usacesurvey.com/.

Copy furnished:

SPECIAL CONDITIONS

1) Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent
to this property and associated with this project/activity, are proposed at a later date, those impacts will
be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively.
Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present)
losses or degradation of waters of the U.S. are greater than 150 linear feet of perennial or intermittent
stream channel and/or 0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or
degradation of greater than 300 linear feet of perennial or intermittent* stream channel, and/or 0.5
acre of wetland, will be processed under an Individual Permit. This verification of the use of the
Nationwide Permit Program for this project does not imply that this office will necessarily approve any
future proposal to impact waters of the U.S. on this property and/or associated with this
project/activity.

* The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on
a case-by-case basis. All requests for waiver must be in writing and shall include rationale for the
request.

2)

KICHEFSKI.STEVEN.L.1386908
539
Digitally signed by KICHEFSKI.STEVEN.L.1386908539
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=KICHEFSKI.STEVEN.L.1386908539
Date: 2016.02.29 16:30:53 -05'00'

Action ID Number: SAW-2016-00410

Permit Type: NWP 29

County: Cabarrus

Permittee: MRECV-KW LLC A Delaware LLC /Attn: Mr. Alexander

Project Name: KellswaterDevelopment

Date Verification Issued: February 29, 2016

Project Manager: Steve Kichefski

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this
certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the
Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or
initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with
the terms and condition of the said permit, and required mitigation was completed in accordance with the permit
conditions.

_______________________________________ ______________________
Signature of Permittee Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: MRECV-KW LLC A Delaware LLC
/Attn: Mr. Alexander
File Number: SAW-SAW-2016-00410 Date: February 29, 2016
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn.:
Steve Kichefski
828-271-7980
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn.: Steve Kichefski, 69 Darlington Avenue, Wilmington, North
Carolina 28403

For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]