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HomeMy WebLinkAbout20240960 Ver 1_CramerVillagePCN_PackageFT_20240712V � � Ew 'o•^ STATE NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.218992 Longitude (DD.DDDDDD): [Click to enter.] Form Version 4.3, February 22, 2024 Pre -Construction Notification (PCN) Form (Ver. 4.3, February 22, 2024) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://www.deg.nc.gov/water-resources/ocn-help-document-last-updated-1162024 Page 1 of 20 PCN Form Version 4.3- February 22, 2024 A. Processing Information County (counties) where project is located: * Gaston Additional (if needed). Is this an ARPA project? ❑ Yes 0 No If yes, ARPA project number: . The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core y.basinaetfQncdenr.aov for further assistance. Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- ❑ Yes 0 No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes 0 No or airport project) Is this a NCDOT project? ❑ Yes 0 No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. 0 Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1a. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes 0 No Please provide the date of the previous submission. * Click to PntPr n f ntP 0 Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek El Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No NWP number(s) (list all numbers ): 29 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes 0 No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter texl 1 d. Type(s) of approval sought from DWR (check all that apply): 0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes 0 No Page 2 of 20 PCN Form Version 4.3- February 22, 2024 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ❑ Yes ❑x No For the record only for Corps Permit: ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ® No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form Version 4.3- February 22, 2024 B. Applicant Information 1a. Who is the primary contact? * Matt Kearns 1 b. Primary Contact Email: mkearns@mungo.com 1 c. Primary Contact Phone: * (###)###-#### 843-258-1372 1 d. Who is applying for the permit/certification? + (check all that apply) ❑ Owner M Applicant (other than owner) 1 e. Is there an agent/consultant for this project?' ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Horsley Holdings, LLC 2b. Deed Book and Page No.: 4699/0984 2c. Contact Person (for corporations): Susan Beam 2d. Address Street Address: 1919 Chestnut Street Address line 2: Click to enter. City: Wilmington State/ Province/ Region: NC Postal/ Zip Code: 28405 Country: USA 2e. Telephone Number: * (###)###-#### Click to enter. 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * Click to enter. 3. Applicant Information (if different from owner) 3a. Name: Matt Kearns 3b. Business Name (if applicable): Mungo Homes 3c. Address: Street Address: 8008 Corporate Center Drive Address line 2: Suite 201 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28226 Country USA 3d. Telephone Number: * (###)###-#### 843-258-1372 3e Fax Number: (###)###-#### N/A 3f. Email Address: * mkearns@mungo.com Page 4 of 20 PCN Form Version 4.3- February 22, 2024 4. Agent/ Consultant (if applicable) 4a. Name: Drew Lucas 4b. Business Name: Wetlands & Waters, Inc. 4c. Address: Street Address: 328 East Broad Street Address line 2: Suite D City: Statesville State/ Province/ Region: NC Postal/ Zip Code: 28677 Country: USA 4d. Telephone Number: * (###)###-#### 540 529 2580 4e Fax Number: (###)###-#### N/A 4f. Email Address: * drewlucas@wetlands-waters.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.mil/Missions/Regulatory- Perm it-Program/Perm its/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 20 PCN Form Version 4.3- February 22, 2024 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: Cramer Village 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: Gastonia 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 3574714006 2b. Property size (in acres): 16.04 2c. Project Address: Street Address: Cramer Woods Drive Address line 2: Click to enter City: Gastonia State/ Province/ Region: NC Postal/ Zip Code: 28056 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): 35.218992 Longitude (-DD.DDDDDD): - 81.084707 3. Surface Waters 3a. Name of nearest body of water to proposed project: Catawba Creek 3b. Water Resources Classification of nearest receiving C water: The Surface Water Classification map may be found at this link: https://experience.arcgis.com/experience/7073e9l 22ab74588b8c48ded34c3df55/ Catawba 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030501011502 located: The Find Your HUC map may be found at this link: htti)s://ncdenr.maps.arcqis.com/apes/Publicinformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 20 PCN Form Version 4.3- February 22, 2024 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Existing land use is undeveloped forested land with Cramer Woods Drive bisecting the project area. South New Hope Road borders the eastern boundary of the site. Surrounding land use is predominately residential. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑ No 0 Unknown project (including all prior phases) in the past? If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? ❑ Yes 0 No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8'/z x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.68 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 687 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential development to help serve the growing need for housing within this region. 4i. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of constructing a single-family residential subdivision. Typical earthmoving equipment will be used, including pan, excavator, etc. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes 0 No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter iex. Page 7 of 20 PCN Form Version 4.3- February 22, 2024 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, 0 Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2021-01832 Name (if known): Megan Bollero 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Carolina Wetland Services, areas? Inc. Other: rAck to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 09-15-2021, PJD attached. 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. ' lick to Pnfer. Are 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 project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to entc� . 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. B. Scheduling of activity: Click to enter. Page 8 of 20 PCN Form Version 4.3- February 22, 2024 D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project (check all that apply): ® Wetlands ❑ Buffers ❑ Pond Construction ❑ Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ?* 2f. Jurisdiction Type 2g. Impact Area (ac)* W1 Fill (Incl. Riprap) Permanent Headwater Forest Wetland AA Yes Corps 0.11 W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.11 ac 2g3. Total wetland impacts 0.11 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Clean fill material 2i. Comments: Wetland impacts are necessary for construction of a cul-de-sac that is needed to meet emergency vehicle circulation requirements that are required by City of Gastonia. Page 9 of 20 PCN Form Version 4.3- February 22, 2024 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a Impact Reason 3b. Impact Duration 3c. Impact Type 3d. Stream Name 3e. Stream Type* 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Temporary Crossing Temporary Crossing/ Culvert Stream B Perennial Corps 3 30 S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: Click to enter. linear ft M. Total temporary stream impacts: 30 linear ft 3i4. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: No permanent impacts to tributaries are proposed as concrete piers for aerial crossing are to be placed outside of the ordinary high water mark. The temporary crossing of Stream B is necessary in order to construct the concrete pier that will be placed to the west of Stream B as there is no other conducive access. Page 10 of 20 PCN Form Version 4.3- February 22, 2024 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., individually list all open water impacts in the table below. 4a. Site # 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name 4d. Activity Type* 4e. Waterbody Type 4f. Impact area (ac) 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click tL Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form Version 4.3- February 22, 2024 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form Version 4.3- February 22, 2024 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Project layout was designed in order to avoid as many impacts as practicable. Applicant avoided all permanent impacts to tributaries on site. The cul-de-sac is needed to meet emergency vehicle circulation requirements that are required by City of Gastonia. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Project will be constructed under an approved sediment and erosion control plan to ensure that materials incidental to construction are not transported into downstream receiving waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? © DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ® In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: UICK to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.or)s.usace.army.miI/ords/f2p=107:2:::::: 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: 0.11 acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 13 of 20 PCN Form Version 4.3- February 22, 2024 4h. Comments: DMS acceptance letter attached. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑x No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form Version 4.3- February 22, 2024 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc..qov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? El Yes ®No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? El Yes 0 No To look up low density requirements, click here: http:Hreports.oah.state.nc.us/ncac/title%2015a%20-%20environ mental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ® Yes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ® Local Government (Check all that apply.) ❑ State If you have local government approval, please include the SMP on their overall impact map. ® Phase II ❑ USMP Local Government Stormwater Programs ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form Version 4.3- February 22, 2024 Please identify which local government stormwater program you are using. Gaston County State Stormwater Programs ❑x Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form Version 4.3- February 22, 2024 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes 0 No funds or the 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 (North Carolina) Environmental El Yes El No 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 ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes 0 No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): DICK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes 0 No downstream water quality? 3b. If you answered "no", provide a short narrative description: Proposed residential development is not expected to alter regional growth patterns. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sanitary sewer will tie into existing infrastructure via an aerial crossing of Stream B along the northwest boundary of the site. Page 17 of 20 PCN Form Version 4.3- February 22, 2024 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: htti3s://www.fws.gov/ii3ac/ Ifws.aovl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ® No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ® Yes ❑ No 5g. Does this project involve bridge maintenance or removal? ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? El Yes ®No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ® Yes ElNo mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Official IPaC Species List — Project Code: 2024-0056937. Hexastylis survey was completed April 4, 2024 and no Hexastylis species were observed. Sunflower survey will be conducted for the Schweinitz's Sunflower during the optimal survey window (late August -October of 2024). Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? El Yes ®No Page 18 of 20 PCN Form Version 4.3- February 22, 2024 Is there submerged aquatic vegetation (SAV) around the project vicinity? ❑Yes ®No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA EFH GIS Overlay 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://qis.ncdcr.gov/hpoweb/ 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 El Yes 0 No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC HPO GIS Overlay 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.aov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ® No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? Click to enter. H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form Version 4.3- February 22, 2024 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Matt Kearns — Mungo Homes „NsA dd.MttK�,s Signature: * Click to ente Matt Kearns Date: * Click to enter. 7 / 12 / 2 4 Page 20 of 20 PCN Form Version 4.3- February 22, 2024 bZOZ'9L'ZO 31V0 VNIIO2VJHAON'VINOlSV9 w°'°"W p—... 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S➢� v(IVDW b=„i/.Ob=,S 33vJs 'b4 Sa00M N3Wb D Q '421 3dOH M3N 'S JO NOUAS2131N1 Vv Y �L a.,- 6Zp.,:aywooasoaap 8BV AB NMVNO 3113Odd - II d3Nd 1JVd[Nl 69zz �9s61�xe, 19c MVS A 03NJ3HJ 0080' 0auaytl WI-600ZZ9NW 3WVN31l3 XXXXX-bZOZ-aWd �oza.,rv'auoirey, 600ZZ-9NW 'ON 1J3fOad p 'A' V 3E)V11IA U3VYVa� ooa aims aaus �on,i yanos aotz I NOIltfWMOJNINVId tlwo,swepyown yorayiFri LL O Ln LU Q x w u � a w u_ o = S In a _ C7 0 M O CD CD � a + J �.0 I U O 0 o + 0 a c� 0 a O U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01832 County: Gaston U.S.G.S. Quad: NC -Belmont NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Kaplan Residential, LLC Morris Kaplan Address: 1111 Kane Concourse. Suite 302 Bay HarborIslands, FL 33154 Telephone Number: (305) 901-2200 E-mail: mkaplankfivekaplan.com Size (acres) 16 Nearest Waterway Catawba Creek USGS HUC 03050101 Nearest Town Gastonia RiverBasin Santee Coordinates Latitude:35.218727 Longitude:-81.084748 Location description: Project is located Northwest of the Stowe Road and South New Hope Road intersection in Gaston County, North Carolina. PIN: 203527 Indicate Which of the Following Apply: A. Preliminary Determination ® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation mapdated 9/15/2021. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands thatwould be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contactingthe Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct (CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora period notto exceed five years from the date ofthis notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by the Corps. ❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2021-01832 will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a periodnotto exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subj ectto the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification. ❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States withouta Department ofthe Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or403). If you have any questions rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or krystynka.b.stygar&msace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the proiect area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance letter 05-05, and the 1987 Wetland Delineation Manual, and/or Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional determination form dated 9/15/2021. D. Remarks: See attached approximate Wetland Delineation map, "Jurisdictional Boundaries New Hope Road" E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe 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 ('Phis information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed you will find a Notification ofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth StreetSW,FloorM9 Atlanta, Georgia 3 0303-8803 AND PH I L I P.A. SHANNIN&USACE.ARMY.MIL In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date ofthe NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit anRFAform to th Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: � Date of JD: 9/15/2021 ExpirationDate of JD: Not applicable SAW-2021-01832 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 Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Carolina Wetland Services, Inc MeganBollero Address: 550 E. Westinghouse Blvd Charlotte, NC 28273 Telephone Number: (757) 576-6433 E-mail: megan(a�cws-inc.net Property Owner: Horsley Holdings, LLC Susan Beam Address: 1919 Chestnut St. Wilmington, NC 28405 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Kaplan Residential,LLC,Mortis Kaplan File Number:SAW-2021-01832 I Date:9/15/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMITDENIAL C APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision. Additional information may be found at orhttp://www.usace.army.miUMissions/CivilWorks/Regulatory Pro aamandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • 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 yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the permit to address allof 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 evaluatingyour 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 appealthe permit • 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of this form and sendingthe 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 appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess 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 orappealthe approved JD or provide new information. • 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 appealthe approved JD. • APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers Administrative AppealProcess 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 maybe 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 yourreasons forappealingthe decision or your objections to an initial proffered permit in clear concise statements. You may attach additionalinformation to this form to clarify where yourreasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record,the Corpsmemorandum forthe record of the a ppea I conference ormeeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps m ay add new information or analy ses to the record. However, you may provide additionalinformation 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/orthe If you only have questions regarding the appealprocessyou may appealprocess you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive Park Drive, Suite 615 ATLANTA, GEORGIA 30303-8803 Cha rlottc, No rth Carolina 28262 PHONE: (404) 562-5136; FAX(404) 562-5138 EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL 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 appealprocess. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive Park Drive, Suite 615, Charlotte, North Carolina, 28262 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. Philip Shannin, Administrative Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08/27/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kaplan Residential, LLC, Morris Kaplan, 1111 Kane Concourse, Suite 302, Bay Harbor Islands, FL 33154 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, New Hope Road, SAW-2021- 01832 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located Northwest of the Stowe Road and South New Hope Road intersection in Gaston County, North Carolina. PIN: 203527 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Gastonia Center coordinates of site (lat/long in degree decimalformat): Latitude: 35.218727 Longitude: -81.084748 Universal Transverse Mercator: Name of nearestwaterbody: Catawba Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): September 2, 2021 TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic (decimal (decimal amountof resources(i.e.,wetland authority to degrees) degrees) aquatic vs. non -wetland which the aquatic resources in waters) resource"may reviewarea be" subject (i.e., (acreage and Section 404or linear feet, if Section 10/404) applicable Wetland AA 35.218789 -81.084747 0.68 Acres Wetland Section 404 Stream A 35.218235 -81.086625 501 LF Non -wetland waters Section 404 Stream B 35.218244 -81.0866770 186 LF Non -wetland waters Section 404 1. The Corps of Engineers believes that there may bejurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affectedby the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Carolina Wetland Services for Kaplan Homes ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: El U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ®U.S. Geological Survey map(s). Cite scale & quad name: USGS Topo Figure 2, Dated 2020 ® Natural Resources Conservation Service Soil Survey. Citation: NRCS WebSoilSurvey, Figured 4 & 5 dated. 2020 and 1989 ®Nationalwetlands inventory map(s). Cite name: USFWS NWIMapper. Figure 6, dated 2020 ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 7. FEMA National Flood Layer Hazard Map dated 2007 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 2. or ® Other (Name & Date): Photos 1-5 dated. June 28, 2021 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Delineation Map Figure 8, NCDEO Stream Classification Forms SCPI & SCP2 IMPORTANT NOTE: The information recorded on this formhas not necessarily been verified bythe Corns and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 9/15/2021 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable)' ' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. O r o T Perennial Stream B 186 If �C�Fh Wetland AA 0.68 acre 0 ^N •'YP 1 2 I � I N � I � Intermittent Stream A 501 If W 0 CP21 1 inch = 50 feet REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2021. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON JUNE 28, 2021. JURISDICTIONAL FEATURES WERE FIELD VERIFIED BYTHE USACE ON SEPTEMBER 2, 2021. \ XX X \-\ Legend Project Limits (16 ac.) - - - Intermittent Stream Perennial Stream ® Forested Wetland Roads 1 I\ � Tax Parcels SDP Data Point ASCP Stream Classification Point Indicates Flow 200 N Photo Location and Direction 100 0 200 Feet SCALE: DATE: 9�15�2021 FIGURE NO. 1 inch = 200 feet Jurisdictional Boundaries CWS PROJECT NO: DRAWN BY: 2021-0092 ALH New Hope Road COORDINATES: CHECKED BY: CAR ❑ L I N A Gaston County 8 35.218727,-81.084748 AVH WETLAND SERVICES Gastonia, NC G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0092 New Hope Road\JD\ArcGIS\Figure8_JD(REVISED).mxd United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2024-0056937 Project Name: Cramer Village 07/08/2024 20:24:08 UTC Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other Project code: 2024-0056937 07/08/2024 20:24:08 UTC activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: httDS://www.fws. Dov/office/asheville-ecolop-ical-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): ■ Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries ■ Bald & Golden Eagles ■ Migratory Birds ■ Wetlands OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether 2of12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 (828) 258-3939 3of12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC PROJECT SUMMARY Project Code: 2024-0056937 Project Name: Cramer Village Project Type: Residential Construction Project Description: Proposed residential subdivision in Gastonia, NC, Gaston County Project Location: The approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/(a)35.2193956,-81.08502000541192,14z Counties: Gaston County, North Carolina 4of12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 5of12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC REPTILES NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Dwarf -flowered Heartleaf Hexastylis nani flora Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2458 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: littps:Hecos.fws.gov/ecp/species/3849 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. 6of12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treated Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Holioeetus leucocepholus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) rrsNr. Project code: 2024-0056937 07/08/2024 20:24:08 UTC A week is marked as having no data if there were no survey events for that week. ■ probability of presence breeding season I survey effort —no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC VulnerableBald mi■mn�■ins■i --Simi■mi Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librgr / collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://vcww.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- proj ect-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 8of12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC NAME BREEDING SEASON Bald Eagle Holioeetus leucocepholus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. https://ecos.fws.gov/ecp/species/9406 Kentucky Warbler Geothlypis formosa Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. https://ecos.fws.gov/ecp/species/9443 Prairie Warbler Setophago discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9513 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9439 Red-headed Woodpecker Melanerpes erythrocepholus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. littps://ecos.fws.gov/ecp/species/9398 Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9478 Wood Thrush Hylocichlo mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https://ecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. 9of12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Nan-BCCVulnerable Chimney Chimney Swift BCC Rangewide '"' khom J"''--� — IN +--- —++— (CON) Kentucky Warbler BCC Rangewide +� — +" Jill Jill Jill '�� +—++— — + +-- (CON) Prairie Warbler BCC Rangewide Jill Jill 1111L—++— (CON) Prothonotary � Warbler Jill Jill Jill BCC Rangewide (CON) —III Jill Jill Jill [—+11­1 + —' —'+' W odpeccka BCC Rangewide (CON) Rusty Blackbird—+'— BCC -BCR Thrush BCCWooRangewide M 1111 Jill Jill --+ +--� (CON) 10 of 12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory. ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE ■ R4SBC 11 of 12 Project code: 2024-0056937 07/08/2024 20:24:08 UTC IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Drew Lucas Address: 328 East Broad Street Address Line 2: Suite D City: Statesville State: NC Zip: 28677 Email drewlucas@wetlands-waters.com Phone: 5405292580 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers 12 of 12 Legend NR individual resources & ♦ SL and DOE entry SL and DOE Surveyed in NRHD, centerpoints ■ Study List Entry, Gone A SL and DOE, Gone Gone Status, LocalStat, HDstatus Blockface- Multiple ♦ SL and DOE, Gone DOEHD Center Point properties • NR Individual Listing SLHD Center Point SLDOEHD Center Point Blockface in NRHD • NR Listing, Gone SLDOEHD Center Point DOE districts & boundaries Surveyed Area, No * NRHD Center Point SL districts & boundaries STATUS designation NR districts & boundaries STATUS Determined Eligible Surveyed Area in NHRD Y STATUS Study List Boundary LJ Boundary Local individual resources & National Register Both DOE and Study centerpoints Boundary Both SL and Determined Eligible List Boundary LocalStat Boundary of Destroyed/ Surveyed Only individual Y Y � ■ Local Landmark Removed NR ListingBoundary resources & centerpoints SL individual resources & DOE individual resources & centerpoints Status, LocalStat, HDstatus ■ Local Landmark, Gone centerpoints * Local HD Center Point Status, LocalStat, HDstatus Surveyed Only Status, LocalStat, HDstatus - - - Local districts & ■ SL Individual Entry ♦ Determined Eligible Surveyed in NRHD boundaries A DOE, Gone Surveyed Only, Gone S Neh, ��v 279 r 4- IF. K -` W t _am- • . 0 250 500 1,000 Feet I i I i I Project Name: Cramer Village WETLANDS Owner/Developer: Mungo Homes Ft WAT—, I.- City/County: BelmonVGaston NC State Historic Preservation Office Tax PIN(s): 203527 Coordinates: Let: 35.218727°N J a� VP ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Matt Kearns Mungo Homes 8008 Corporate Center Drive, Suite 201 Charlotte, NC 28226 Project: Cramer Village NORTH CAROLINA Environmental Quality July 10, 2024 Expiration of Acceptance: 1/10/2025 County: Gaston The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the applicable 404 Permit/401 Certification/Buffer Approval within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050101 Riparian Wetland 0.11 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Kelly B. Williams In -Lieu Fee Program Coordinator cc: Drew Lucas, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976