WQ0045756_Application (FTSE)_20240926

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.SAW-2019-02298 County:Cabarrus U.S.G.S.Quad:NC-Kannapolis
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Pennittee: M/I Homes of Charlotte,LLC
Cody Simoneaux
Address: 5350 77 Center Drive,Suite 100
Charlotte,NC 28217
Telephone Number: 704-597-4538
E-mail: csimoneauxnamihomes.com
Size(acres) 46.24 Nearest Town Concord
Nearest Waterway Rocky River RiverBasin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude:35.449310
Longitude:-80.744068
Location description:Projectis located Southeast of the intersection ofJimJohnson road and Travertine Trailin Concord,
Cabarrus County,North Carolina.PIN(s):46820348350000,46820247670000
Description of projects area and activity:This verification authorizes:
1) Permanent impacts of 0.095 acres to Wetland A2 100 for Culvert emplacement.
2) Temporary Construction easement of49 Linear Feet to Tributary 1.
3) Temporary construction easement of 56 Linear Feet to Tributary3.
4) Temporary construction easement of 56 Linear feet to Tributary3a.
Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344)
❑Section 10(Rivers and Harbors Act,33 USC 403)
Authorization: NWP 29:residential Subdivisions
SEE ATTACHED NWP GENERAL,REGIONAL,AND/OR SPECIAL CONDITIONS
Your workis authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions,your application signed and dated 2/18/2022,and the enclosed plans Impact Exhibit-Overall Site Plan dated
12/12/2021.Any violation of the attached conditions or deviation from your submitted plans may subject the permitteeto a stop
work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and/or regional general
permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below,provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended,revoked,or is modified,such that the activity would no longer comply with the terms and conditions of the
nationwide permit,activities which have commenced(i.e.,are under construction)or are under contract to commence in reliance upon
the nationwide and/or regional general permit,will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/orregional generalpennit's expiration,modification orrevocation,unless discretionary authority has been
exercised on a case-by-case basis to modify,suspendorrevoke the authorization.
Activities subject to Section 404(as indicated above)may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources(telephone [phone])to determine Section401 requirements.
For activities occurring within the twenty coastal counties subj ect to regulation under the Coastal Area Management Act(CAMA),prior
to beginningwork you must contactthe N.C.Division of Coastal Management Morehead City,NC,at(252)808-2808.
This Department of the Army verification does not relieve the pennittee of the responsibility to obtain any other required Federal,State
or local approvals/permits.If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of
Engineers regulatory program,please contact Krys1ynka B Sitygar at 252-545-0507or krystynka.b.stygar(itgsace.army.mil.
Corps Regulatory Official: Date:04/01/2022
ExpirationDate ofVerification: 3/14/2026

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/Pp=l 36:4:0
Landowners:
Italo Villatoro
Jose Emerito Bautista
2864 Jim Johnson Road
Concord,NC 28027
James Shepherd
Andrew Thomas Shepherd
2430 Jim Johnson Road
Concord,NC 28027
Copy furnished:
Agent: Wetlands and Waters,Inc
Meagan Jolly
Address: 328 EastBroad Street
Statesville,NC 28677
Telephone Number: 704-861-3479
E-mail: meagani0W a)wetlandsrwaters.com
SPECIAL CONDITION:
Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date,those impacts will be combined
with the current impacts to waters of the U.S. and will be reviewed cumulatively.Generally,compensatory
mitigation will be required if individual or cumulative (i.e.,past and present)losses or degradation of waters of
the U.S., are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally,cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland,will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Action ID Number: SAW-2019-02298 County: Cabarrus
Permittee: M/I Homes of Charlotte,LLC, Cody Simoneaux
Project Name: Jim Johnson Road/M/I Homes of Charlotte,LLC
Date Verification Issued: 04/01/2022
Project Manager: Krystyynka B Stygar
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive,Suite 615
Charlotte,North Carolina 28262
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
--- ---------- ---------------
Signature of Permittee Date

SAW-2019-02298
A.Determination of Jurisdiction:
1. 0 There are waters on the above describedproject area that maybe subject to Section 404 of the Clean Water Act(CWA)(33
USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(3 3 USC§403).This prelim inary determination is not an
appealable actionunderthe Regulatory Program Administrative Appeal Process(Reference 3 3 CFR Part 3 3 1). However,you
may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. Please note,if
work is authorized by either general or nationwide permit,and you wish to request an appeal of an approved JD,the appeal must
be received by the Corps and the appealprocess concluded prior to the commencement ofany work in waters ofthe United States
and prior to any workthat could alterthe hydrology of waters ofthe United States.
2. ❑ There are Navigable Waters of the United States within the above describedproject area subjectto the permit requirements of
Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)a nd Section 404 ofthe Clean Water Act(CWA)(33 USC§
1344). This determination may be relied upon for a period notto exceed five years from the date ofthis notification,provided
there is no change in law or our published regulations or new information that warrants revision ofthis determination.
3. ❑ There are waters within the above described project area that are subject to the permit requirements of Section 404 of the Clean
Water Act(CWA)(33 USC§ 1344). This determination maybe relied upon fora period not to exceed five years from the date of
this notification,provided there is no change in law or our pub fished regulations or new information that warrants revision of this
determination.
4. A jurisdiction determination was not completed with this request. Therefore,this is not an appealable action. However,youmay
request an approved JD,which is an appealable action,by contacting the Corps for further instruction.
5. ❑ The jurisdictional areas within the above described project area have been identifiedundera previous action.Please reference
jurisdictional determination issuedDATE. Action ID:FILE NUMBER.
B. Basis For Determination: See the preliminary jurisdictional determination form dated 04/01/2022.
C.Remarks: See approximate jurisdictional boundaries on map, "Jim Johnson Road-09/20/2021"
D.Attention USDA Program Participants
This delineation/determinationhas beenconductedto identify the limits of Corps'Clean Water Act jurisdiction forthe 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.
E. Appeals Information for Approved Jurisdiction Determinations(as indicated inA2 andA3 above).
If you object to this determination,you may request an administrative appeal under Corps regulations at33CFRPart331. Enclosed
you will find a Notification ofApp eal Process(NAP)fact sheet and Request for Appeal(RFA)form. Ifyou request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin,Appeal Review Officer
60 Forsyth Street SW,Room 1 OM 15
Atlanta,Georgia 30303-8801
Phone:[phone]
AND
PHILI P.A.SHANNIN(a4USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form,it must be received at the above address byNot applicable.
It is not necessary to submit an RFA form to the Division Office ifyou do not object to the determination in this
correspondence.

SAW-2019-02298 4
Corps Regulatory Official:
KrXsjyn11aBSjygar
Date of JD:04/O1/2022 Expiration Date ofJD:Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete our Customer Satisfaction Survey,located online athttps://re ator .ops.usace armymil/customer-service-survey.
Copy furnished:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:MA Homes of Charlotte,LLC,Cody File Number:SAW-2019-02298 Date:04/01/2022
Simoneaux
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
f
PRELIMINARY JURISDICTIONAL DETERMINATION E
TION I- The following identifies yourrights and options regardingan administrative appealof the above decision.
itionalinformationmaybefoundatorhttl2://www.usace.army.mil/Missions/CivilWorks/Re 1gu ato yProuamandPennits.aspx
e Co s 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 orLOP)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 yourconcerns,(b)modify the permit to address some of your
objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in
Section B below.
B: PROFFERED PERMIT: You may acceptor appeal 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.
• 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 Appeal Process 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 denial of a permit underthe Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the 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 Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections toaninitial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourrea sons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum forthe
record of the appeal conference ormeeting,and any supplemental information that the review officerhas determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However,you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If youhave questions regarding this decision and/orthe If you only have questions regarding the appea I process you m a y
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 303 03-8803
Charlotte,North Carolina 28262
PHONE:[phone];FAX[phone]
EMAIL:PHILIP.A.SHANNIN(�,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 appeal process. You will be provided at 5-day
notice of any site investigation,and will have the opportunitv 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,8430 University Executive parkdrive,suite
615,Charlotte,NC 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,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 3 0303-8801
Phone:[phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 04/01/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: M/I Homes of Charlotte, LLC, Cody
Simoneaux, 5350 77 Center Drive, Suite 100, Charlotte,NC 28217
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Jim Johnson Road/MA
Homes of Charlotte, LLC, SAW-2019-02298
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located Southeast of the
intersection of Jim Johnson road and Travertine Trail in Concord, Cabarrus County,North Carolina.PIN(s):
46820348350000, 46820247670000
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County:Cabarrus City: Concord
Center coordinates of site (lat/long in degree decimal format):Latitude:35.449310 Longitude:-80.744068
Universal Transverse Mercator:
Name of nearestwaterbody:Rocky River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑X Office(Desk) Determination. Date:April 1,2022
❑X Field Determination. Date(s): Field confirmed, may21, 2021
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE"SUBJECT TO
REGULATORY JURISDICTION
Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to
(decimal (decimal amountof resources(i.e., which the aquatic
degrees) degrees) aquatic wetland vs. resource"may be"
resources in non-wetland subject(i.e.,Section404
reviewarea waters) or Section 10/404)
(acreage and
linear feet,if
applicable
Wetland A1000 35.44978 -80.743317 0.61 acres Wetland Section 404
Wetland A1100 35.44934 -80.74308 0.047 acres Wetland Section 404
Wetland A1200 35.44738 -80.74316 0.02 acres Wetland Section 404
Wetland A1300 35.44685 -80.74437 0.09 acres Wetland Section 404
Wetland A2100 35.4478 -80.74462 0.08 acres Wetland Section 404
Wetland A2200 35.44861 -80.74563 0.2 acres Wetland Section 404
Pond A2000 35.4481 -80.74494 0.75 acres Non-wetland Section 404
waters
Pond A2300 35.44835 -80.74579 0.18 acres Non-wetland Section 404
waters
Tributary 1 35.44899 -80.74347 1850 LF Non-wetland Section 404
waters
Tributary 1A 35.44814 -80.74366 445 LF Non-wetland Section 404
waters
Tributary 113 35.44915 -80.7433 105 LF Non-wetland Section 404
waters

Tributary 1C 35.344866 -80.74339 130 LF Non-wetland Section 404
waters
Tributary 1C-a 35.44863 -80.74333 85 LF Non-wetland Section 404
waters
Tributary 1C-b 35.44863 -80.74347 25 LF Non-wetland Section 404
waters
Tributary 1D 35.44767 -80.74398 80 LF Non-wetland Section 404
waters
Tributary 1D-a 35.44803 -80.74334 65 LF Non-wetland Section 404
waters
Tributary 2 35.44767 -80.74398 170 LF Non-wetland Section 404
waters
Tributary 3 35.44658 -80.74345 335 LF Non-wetland Section 404
waters
Tributary 3a 35.44664 -80.74339 20 LF Non-wetland Section 404
waters
Tributary 3b 35.444219 -80.744388 72 LF Non-wetland Section 404
waters
I. The Corps of Engineers believes that there may be jurisdictional 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 (NWT) 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 AJD 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 NWT 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 affected by 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:Figure 1 a.Approximate Delineation of Surface waters and wetlands
(09/20/2021)
©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:
❑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 Quad 01/18/2021
❑X Natural Resources Conservation Service Soil Survey. Citation:Figure 4.NRCS Web Soil Survey 0 1 A 8/2021

MNationa I wetlands inventory map(s). Cite name:Figure 5.National Wetland Inventory Map 01/18/2021
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
M Photographs: M Aerial (Name & Date): Figure 2.Cabarrus CountyGIS,01/12/2021
or M Other(Name&Date): Consultant field photos. 01/12/2021
❑Previous determination(s). File no. and date of response letter:
❑Other information(please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
4�0 -,/*
Signature and date of Regulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtainingthe signature is
04/01/2022 impracticable)'
' Districts may establish timeframes for requester to return signed PID 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.