SWA000178_Wetland Determination/Report_20221217

CHATEAU ESTATES SITE
WATKI NS ROAD
MONORE, UNION COUNTY, NORTH CAROLINA
ECS PROJECT NO. 49:18967
FOR: JR HOMES OF NORTH CAROLINA, LLC
DECEMBER 2, 2022
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ECS Southeast, LLP
Geotechnical • Construction Materials • Environmental • Facilities
Mr. Jimmy Ray
JR Homes of North Carolina, LLC
8000 Corporate Center Drive
Charlotte, North Carolina
"One Firm. One Mission."
December 2, 2022
ECS Project No. 49:18967
Reference: Waters of the U.S. Delineation Report, Chateau Estates Site, Monore, Union County, North
Carolina
Dear Mr. Ray:
ECS Southeast, LLP (ECS) is pleased submit this Wetland Delineation Report for the above -referenced
Project. ECS services were provided in general accordance with ECS Proposal No.49:34786P,
authorized on November 9, 2022, and generally meet the requirements of the 1987 U.S. Army Corps
of Engineers (USACE) Wetlands Delineation Manual and the Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region, Version 2.0, dated
April 2012. Based on our findings, potential Waters of the US are not present onsite.
If there are questions regarding this report, or a need for further information, please contact the
undersigned.
ECS Southeast, LLP
� . 5'
Jesse Degnan Brandon Fulton, LSS, PSC, PWS
Project Manager Environmental Principal
[e-mail] [e-mail]
704-339-9002 704-968-5704
1812 Center Park Drive, Suite D, Charlotte, NC 28217 • T: 704-525-5152 • F: 704-357-0023 • ecslimited.com
NC Engineering No. F-1078 • NC Geology No. C-553
ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest, LLP
ECS Capitol Services, PLLC -An Associate of the ECS Group of Companies

Southeast, LLP
1.0 INTRODUCTION
This report presents the findings of a wetland delineation study conducted by ECS Southeast,
LLP (ECS) on behalf of JR Homes of North Carolina, LLC for the Chateau Estates Site located on
Watkins Road in Monore, Union County, North Carolina (Appendix I, Figure 1). The Project Study
Area (PSA) consists of an approximately 20-acre tract identified by Union County Parcel Identification
Number 09345033.
The purpose of this study was to identify and delineate potential Waters of the U.S. (WoUS) within
the PSA. This report should only be used to provide a preliminary understanding of potential
jurisdictional features within each PSA. The findings of this study are not to be considered final until
verified by the United States Army Corps of Engineers (USACE).
' 0 METHODOLOGY
Subsections 2.1 and 2.2 of this report detail the methods implemented to complete this study.
2.1 Literature Review
ECS reviewed supporting information from publicly -available databases to identify possible ecological
effects the project may have on potential state- and/or federally -jurisdictional water resources.
During the desktop review, ECS documented relevant, site -specific details (e.g., topographic
characteristics, soil composition, recent precipitation, level of disturbance, plant community
structure, etc.) and integrated the obtained information with the onsite delineation effort.
2.2 Methodology for Delineating Wetlands
Wetlands are defined by the USACE and EPA as "those areas that are inundated or saturated by
surface or groundwater at a frequency and duration sufficient to support, and under normal
circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil
conditions". For an area to be characterized as a federally jurisdictional wetland, positive evidence
of hydrophytic vegetation, hydric soils and wetland hydrology indicators must be present and must
possess a significant nexus (i.e., chemical, physical, or biological connection) to waters that are or
were navigable.
ECS utilized the literature review findings to identify any areas within the PSA where wetlands may be
present. An onsite wetlands study was conducted to investigate any suspect wetland areas identified
during the literature review and document existing conditions. During the onsite wetlands study,
ECS implemented the USACE Routine Onsite Wetland Determination Method in accordance with
guidance set forth in the 1987 USACE Wetland Delineation Manual and 2012 USACE Regional
Supplemental Guide ERDC/EL TR-12-9 (Eastern Mountains and Piedmont Region [Version 2.0])
and documented relevant hydrology, vegetation and soil conditions observed within potential
wetlands and adjacent uplands. The 2018 United States Department of Agriculture (USDA) -Natural
Resources Conservation Service (NRCS) Field Indicators of Hydric Soils of the United States (version
8.2) and 2020 Eastern Mountains and Piedmont Regional Wetland Plant List were utilized to
characterize soil conditions and dominant vegetation, respectively.
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Each plant species is assigned a wetland plant indicator status by the U.S. Fish and Wildlife Service
(USFWS) based on the species' aptitude for thriving in wet environments. The wetland plant indicator
status categories and definitions are as follows:
• Obligate wetland (OBL) - has >99% probability of occurring in wetlands
• Facultative wetland (FACW) - has 66% to 99% chance of occurring in wetlands
• Facultative (FAC) - has 33% to 66% chance of occurring in wetlands
• Facultative upland (FACU) - has 1 to 33% chance of occurring in wetlands
• Upland (UPL) - has <1 % chance of occurring in wetlands
• No Indicator (NI) - no wetland indicator for the specified species, considered UPL
Plants identified as OBL, FACW, or FAC are considered wetland plants (or hydrophytes) by USACE.
In areas determined to have hydrophytic vegetation and potential wetland hydrology, an
approximately 16-24 inch hand auger soil boring or shovel test pit was completed to determine if
hydric soils were present. The soil boring was also inspected to determine if indicators of wetland
hydrology (inundation, soil saturation, etc.) were present. If positive evidence of wetland hydrology,
hydrophytic vegetation and hydric soil indicators was observed, further testing was performed to
locate the wetland/upland (non -wetland) boundary. A second data point was completed in the
upland area to document representative non -wetland conditions and justify the delineated wetland
boundaries. Wetland boundaries were marked with consecutively -numbered surveyor's flagging.
2.3 Methodology for Delineating Streams
While onsite, ECS implemented the NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR) Stream Identification Methodology in conjunction with federal protocols discussed
in Regulatory Guidance Letter (RGL) No. 05-05 to identify, classify and delineate streams that would
likely be considered jurisdictional by state and federal regulatory agencies.
The NC DWR Stream Identification Methodology and associated Stream Identification Form (Version
4.11) were implemented to determine flow regime by evaluating observable geomorphological,
hydrological and biological in -stream attributes. ECS completed NC DWR Stream Classification Forms
to document stream conditions observed at the time of review (Appendix III).
RGL No. 05-05 provides guidance on identifying physical indicators of Ordinary High Water Mark
(OHWM) as defined in 33 CFR Sections 328.3(e) and 329.11(a)(1) and discusses implementation of
other appropriate means that consider the characteristics of the surrounding areas to establish the
lateral limits of jurisdiction over tidal and non -tidal waters. Per RGL No. 05-05, "the lateral limits of
jurisdiction over non -tidal water bodies extend to the [OHWM], in the absence of adjacent wetlands.
When adjacent wetlands are present, CWAjurisdiction extends beyond the OHWM to the limits of the
adjacent wetlands".
3.0 FINDINGS
3.1 Literature Review Summary
The following is a summary of the available desktop information that was reviewed as part of
this study:
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• The 1989 Monroe [NC] United States Geological Survey (USGS) Topographic Quadrangle Map
does not depict surface waters within the PSA (Appendix I, Figure 2).
• According to the USDA-NRCS Web Soil Survey of Union County (Appendix I, Figure 3), the
PSA is comprised of the following soil map units: Badin channery silty clay loam, 2-8% slopes
(BdB2), Cid channery silt loam, 1-5% slopes (CmB), and Tarrus gravelly silty clay loam, 2-8%
slopes (TbB2). The aforementioned soils are not listed on the USDA Hydric Soils List for Union
County, North Carolina.
• The USFWS National Wetlands Inventory (NWI) Map does not depict surface waters within
the PSA (Appendix I, Figure 4).
• Based on Federal Emergency Management Act (FEMA) Flood Insurance Rate Map (FIRM)
Panel 3710541500J, dated October 16, 2008 (Appendix I, Figure 5), the PSA is located in
Flood Zone X (Appendix I, Figure 5). Areas within Zone X are considered areas of minimal
flood hazard and are outside the 0.2% annual chance floodplain.
• ECS queried the USACE-developed Antecedent Precipitation Tool (APT) to gain an
understanding of typical moisture conditions in the PSA vicinity. Pre- and post -field
study reports used to demonstrate typical versus atypical climatic conditions for the Project
locale were, then, generated for a comparative analysis of current and historical moisture
conditions. The analysis indicated the investigation was conducted during the Wet Season
and conditions were Normal for the time of year (Appendix III).
3.2 Field Study Findings
ECS personnel conducted the field study on December 1, 2022. Approximately 0.77 inch of rainfall
was recorded, on November 30, 2022, prior to conducting the wetlands study.
No potentially jurisdictional Waters were observed within the PSA
3.2.1 Wetland Summary
No potentially jurisdictional wetlands were observed within the PSA.
3.2.2 Stream Summary
No potentially jurisdictional streams were observed within the PSA.
4.0 REGULATORY DISCUSSION
After review of the findings in this report and at the client's request, ECS can coordinate with the
USACE and the NCDWR to conduct a jurisdictional determination and field visit, if necessary. The
timeline of this process is dependent on the availability of the regulatory agency. ECS recommends
receipt of the formal jurisdictional determination letter from the necessary agencies prior to
conducting any land -disturbance activities.
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The USACE can issue an individual permit or a general permit to authorize activities in WoUS. There
are two types of general permits - nationwide permits and regional general permits. If any potential
impacts are proposed, we can assist you with permitting options and support to complete the
process.
As part of the permitting process, we will conduct a preliminary review of state and federal agency
records pertaining to Section 7 (Federal Endangered Species Act) and Section 106 (National Historic
Preservation Act). If deemed necessary, we can assist you with targeted species surveys or cultural
investigations to satisfy the requirements of the Nationwide Permit (NWP), Individual Permit (IP), or
General Permit conditions.
Section 404 of the Clean Water Act regulates the discharge of dredge and fill materials into waters of
the United States (lakes, rivers, ponds, streams, etc.), including wetlands. Waters of the United States
include territorial seas, navigable coastal and inland lakes, rivers, perennial streams, intermittent
streams, and wetlands. The EPA and the U.S. Army Corps of Engineers jointly administer the Section
404 program. Section 401 of the Clean Water Act grants each state the authority to approve,
condition, or deny any Federal permits that could result in a discharge to State waters. Mitigation
and stormwater management plans will be a condition of permits issued for the Site. Buffers may be
required adjacent to streams and water bodies.
In North Carolina, compensatory mitigation at a minimum one -for -one ratio will be required
for all wetland losses that exceed 1/10 (0.1) acre and for stream bed losses of 2/100 (0.02) acre.
The USACE, however, will typically require mitigation at a 2:1 ratio. Mechanisms for providing
compensatory mitigation under Section 404 of the Clean Water Act include mitigation banks, in -lieu
fee programs, and permittee-responsible mitigation.
Mitigation Banks: sites, or a suite of sites, where resources (e.g., wetlands, streams, riparian
areas) are restored, established, enhanced, and/or preserved for the purpose of providing
compensatory mitigation for impacts authorized under USACE permits. In general, a
mitigation bank sells compensatory mitigation credits to permittees whose obligation to
provide compensatory mitigation is then transferred to the mitigation bank sponsor. Means
of establishing the required number of mitigation credits to purchase varies state to state
and between regulatory districts, but may entail estimating linear feet and/or acreage of
impact and completing state -specific calculation worksheets.
• Permittee-responsible Mitigation: enables a developer to create their own mitigation project to
offset ecosystem loss when there are no eligible mitigation banks in a specific area.
• In -lieu Fee Program: a program involving the restoration, establishment, enhancement, and/
or preservation of aquatic resources through funds paid to a governmental or non-profit
natural resources management entity to satisfy compensatory mitigation requirements.
To qualify for a general permit, a project must comply with all general, regional or case -specific
conditions imposed by the USACE. If all applicable conditions of the general permit cannot be met, the
prospective permittee may require authorization under an individual permit (IP). The following list
provides examples of activities that may require an IP authorization (Please note: this list is not
comprehensive):
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1) the proposed cumulative impact to WoUS (i.e., jurisdictional wetlands, streams, lakes, ponds,
etc.) is greater than 0.5 acre;
2) the proposed loss of stream bed is greater than 0.05 acre; or
3) the proposed activity will result in permanent impacts to WoUS located within the floodway or
mapped 100-year FEMA floodplain.
IP authorizations generally take 4 to 18 months to obtain, due to conditions that may arise during
the USACE review and public comment period and additional permit requirements, which entail
detailed habitat analyses, alternative site analysis, project justification, impact avoidance and
minimization plans, and a mitigation plan. A subsequent Environmental Impact Statement may be
required by the USACE, pursuant to the findings of these analyses and scale of impact.
5.0 WATERSHEU LLASSIFiCATION/BUtttK KEQUIREMtN i:.
The PSA is located in the Yadkin Pee Dee River Basin, in 8-digit Hydrologic Unit Code (HUC) 03040105
(Rocky) and 12-digit HUC 030401050501 (Bearskin Creek).
All surface waters in North Carolina are assigned a primary classification by the NC DWR. Surface
Water Classifications are designations applied to surface water bodies, such as streams, rivers and
lakes, which define the best uses to be protected within these waters. The nearest named receiving
waterbody is Bearskin Creek, which has a Class "C" NC DWR surface water designation.
• Class C waters are "[w]aters protected for uses such as aquatic life propagation, survival
and maintenance of biological integrity (including fishin and fish), wildlife, secondary contact
recreation, and agriculture."
5.1 State Riparian Buffer Requirements
According to the NC DWR, the PSA is located in the Yadkin Pee Dee River Basin. Surface waters within
this basin are not subject to mandatory state riparian buffer rules.
5.2 Local Buffer Requirements
ECS reviewed the Union County Code of Ordinances to determine if the county has vegetative buffer
requirements for surface waters. According to the Ordinance, a minimum vegetative buffer of 100
feet is required for all new development activities that exceed the low density option; otherwise, a
minimum vegetative buffer of 50 feet is required for development activities along all perennial waters
indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5-minute) scale topographic maps or as
determined by local government studies. Desirable artificial streambank or shoreline stabilization is
permitted.
Additional local regulations may exist that are not addressed in this section. ECS recommends
consultation with a civil engineer for information pertaining to any additional local regulations
pertaining to site -specific development requirements.
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�.0 CONCLUSIONS
No potentially jurisdictional water features were identified within the PSA.
The results reflected in this report represent our best professional judgment concerning the presence
of potential jurisdictional aquatic resources in the PSA at the time of the study. These findings are only
to be considered preliminary and are for planning purposes only, as they have not yet been verified
by the regulatory agencies and are, therefore, subject to change subsequent to their review. ECS
cannot guarantee that field conditions and/or WoUS boundaries will not change over time.
Prior to conducting construction -related activities onsite, ECS recommends requesting an Upland
Approved Jurisdictional Determination (AJD) from the USACE for verification of these results to satisfy
the requirements of Section 404 of The Clean Water Act (33 U.S.C. 1344). No earth -disturbing activities
should be conducted within the PSA until a USACE Determination has been issued.
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Appendix I: Figures

Project Study Area (-20 Acres)
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Corporate
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counti c
Client:
o,
,
Ch
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Project:
CHATEAU ESTATES SITE
WATKINS ROAD,
MONROE,
UNION COUNTY,
NORTH CAROLINA
Title
SITE
LOCATION
MAP
'•���/moo tra 3�•�,
i�� �. • �1�4�Irltis..
r��1��� �-i��I•.�J�4i��y�
Yf�1l��`y
KEW 1 1 "=0.5 Mi
roved By: Date:
WBF 11/16/2022
ECS Project No.
49: 18967
FIGURE 1

/ G
Project Study Area (-20 Acres)07
Monroe<
o , � •• ,1 i
EC
Client:
Calvary
' • a� 64
Project:
_ . �_ �/• n - CHATEAU ESTATES SITE
01
�J \� �6t3 �eQ=•✓- WATKINS ROAD,
MONROE,
• sso UNION COUNTY,
,2. n-\
• ,• NORTH CAROLINA
650 `sm=_ ' \ :e P Title:
v \ USGS TOPOGRAPHIC
�" �j�1" C��• i MAP
af
• s sa MONROE, NC
QUADRANGLE
DATED:1989
PROJECT STUDY AREA
/ J /� ' Drawn By: Scale:
. " 1 ' = 2,000 '
✓j 6 �) `• i \ Approved By: Date:
WBF 11/16/2022
s) ✓ tl cso ECS Project No.
49: 18967
0 1,000 2,000 4,000
Feet FIGURE 2

Appendix II: Photograph Log

December 2, 2022
IMP
... a 4�

ECS Southeast, LLP
3 - DP1 soil sample.
4 - Facing east within swale located in the southeastern extent of the PSA.
ECS Project # 49:18967

Appendix III: USAGE
Antecedent Precipitation Tool
Results

Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network
2022-10-01
2022-11-30
I
/ 20 2-10-31
i n n
Daily Total
30-Day Rolling Total
30-Year Normal Range
May Jun Jul
Aug Sep
Oct
Nov Dec Jan Feb Mar
Apr
2022 2022 2022
2022 2022
2022
2022 2022 2023 2023 2023
2023
Coordinates 34.997554,-80.606976
Observation Date
2022-11-30
Elevation (ft)
645.73
Drought Index (PDSI)
Severe drought (2022-10)
WebWIMP HZO Balance
Wet Season
Figure and tables made by the
Antecedent Precipitation Tool
Version 1.0
Written by Jason Deters
f U.S. Army Corps of Engineers
30 Days Ending
301" %ile (in)
701" %ile (in)
Observed (in)
Wetness Condition
Condition Value
Month Weight
Product
2022-11-30
1.653543
3.777165
2.700787
Normal
2
3
6
2022-10-31
2.247244
3.883465
0.610236
Dry
1
2
2
2022-10-01
2.488976
4.1
4.893701
Wet
3
1
3
Result
i
i
i
i
i
i
j Normal Conditions - 11
Weather Station Name
Coordinates
Elevation (ft)
Distance (mi)
Elevation A
Weighted A
Days Normal
Days Antecedent
MONROE AP
35.0169,-80.6206
679.134
1.543
33.404
0.746
8620
87
WAXHAW 6.1 NE
34.9761,-80.6557
651.903
3.449
27.231
1.646
1
0
MONROE 2.4 N
35.0207,-80.5343
574.147
4.89
104.987
2.714
18
1
WAXHAW 4.1 ENE
34.9447,-80.6747
645.997
5.854
33.137
2.828
0
1
MONROE 2 SE
34.9797,-80.5233
549.869
6.077
129.265
3.52
2684
0
CATAWBA
34.8572,-80.9133
569.882
19.915
109.252
11.138
30
0
Linear Interpolation
N/A
N/A
N/A
N/A
N/A
0
1