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HomeMy WebLinkAbout20010755 Ver 2_401 Application_20171116Corps Submittal Cover Sheet Please provide the following info: 0 6)1 V f' `� v0-1-- 1. Project Name Gates at Waterside Crossing Phase 10 2. Name of Property Owner/Applicant: Waterside Crossing Residential LLC 3. Name of Consultant/Agent: Jennifer Robertson, Atlas Environmental, Inc. *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 2017-00134 5. Site Address: Meadow Run Drive, Stanley, NC 28164 DWR # none known 6. Subdivision Name: Gates at Waterside Crossing 7. City: Stanley 8. County: Lincoln 9. Lat: 35.425603 Long: -8o•990699 (Decimal Degrees Please) 10. Quadrangle Name: Lake Norman South 11. Waterway: Unnamed UT to UT to Johnson Crk 12. Watershed: Upper Catawba HUC 8 13. Requested Action: X Nationwide Permit # �9 General Permit # _ Jurisdictional Determination Request Pre -Application Request The following infonnation will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Authorization: Section 10 Project Description/ Nature of Activity/ Project Purpose: residential Section 404 Site/Waters Name: Unnamed UT to UT to Johnson Crk (WS -IV) Keywords: Begin Date AQ 1lIRONMENTAL US Army Corps of Engineers Asheville Regulatory Field Office Attn: Mrs. Cathy Janiczak 151 Patton Avenue, Room 208 October 26, 2017 NC Division of Water Resources 401 & Buffer Permitting Unit Attn: Mrs. Jennifer Burdette 1617 Mail Service Center Asheville, North Carolina 28801-5006 Raleigh, NC 27699-1617 Re: Gates at Waterside: Phase 10 — 18.76 Acres Meadow Run Drive, Stanley, NC 28164 Nationwide Permit 29 Request Corps Action ID: SAW -2017-00134 Cathy/Alan: The applicant, Mr. Steve McLeod of Waterside Crossing Residential, LLC, is requesting approval of the enclosed Nationwide Permit 29 in order to develop Phase 10 of a residential development — Gates at Waterside on Meadow Run Drive in Stanley, Lincoln County, NC. The application includes requests for a total of 50 linear feet of intermittent stream impacts for the installation of a shared driveway in Phase 10. Cathy, you have conducted two site visits. Alan, you have conducted one site visit. Cathy, during the second site meeting with yourself and Scott Jones the Corps agreed to allow a nationwide permit for the requested shared driveway crossing under the proposed nationwide permit 29 if impacts were mitigated at a 1:1 ratio. The jurisdictional determination was issued on February 15, 2017. A copy of the issued jurisdictional determination from the Corps has been included for reference. A copy of the jurisdictional determination request package has been included with DWR's copies. Included in this package request are the agent authorization form, the pre -construction notification, the site plan cover sheet, the overall site plan, the impact map, a cross section of the stream crossing, the approved preliminary jurisdictional determination, the FWS no effect letter, the SHPO no comment letter, and the DMS stream mitigation credit approval letter. Following is impervious information from the project engineer for DWR. The builder wants to use a 60'x 65' building pad. ATLAS Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte VIRONMENTAL TOTAL IMPERVIOUS: Approx. Driveways = 1,250 SF x 18 lots = 22,500 SF Approx. Driveways (lot 494) = 2,400 SF Approx. Bldg Pads = (60'x 65� x 17 lots + (3000 SF) + (2000 SF) = 71,300 SF Approx. Sheds = 200 x 19 = 3,800 SF Sidewalk = 4,001 SF New Driveway = 2,453 SF Road = 321409 SF APPROXIMATE TOTAL IMPERVIOUS = 138,863 SF Impervious area/Phase 10 property area = 138,863 SF/817,185.6 SF = 16.99% THEREFORE 16.99% < 24% Density (Low Density Status) Thank you in advance for your review of this request. Please contact me if you need any additional information or have any questions about the permit application request. Best regards, �"#' d,&kztW-' Jennifer L Robertson, President ]Robertson@atlasenvi.com ATLAS Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte k'�P�:lifit . TLAS j. RONMENTAL AGENT AUTHOIRIZA77ON FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams - Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, or right to purchase holder of the property identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or WQP. Project Name: L)d&Ars.dJ OrAmt* Property Owner of Record: t A&"tae Cea : � 1:6a- Ai JLLc Contact Name: �' _ r4a'�i.�ol AN66SC4 Address: �Rna t Address: COtv�elius NC Z'4sC�31 Phone/Fax Number: '9r!itl mqt" SS52 Email Address: Project Address: �e,.,u�►��s.w� V Project Address: ZywA Tax PIN: %-W1%10 Signature: Date: 'g- t S - 11. ATLAS Environmental Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704512-12061828-712-9205 j robertson@atlasenvi.o= www��nvi.com O`/ 0� . V4yW AT 4_9 I ILJ11J1�1' Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Gates at Waterside Phase 10 2b. County: Lincoln 2c. Nearest municipality / town: Stanley 2d. Subdivision name: Gates at Waterside 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Waterside Crossing Residential LLC 3b. Deed Book and Page No. 2024/331 3c. Responsible Party (for LLC if applicable): Steve McLeod 3d. Street address: 19710-D W Catawba Ave 3e. City, state, zip: Cornelius NC 28031 3f. Telephone no.: 704-896-5552 3g. Fax no.: no fax 3h. Email address: s19mcleod@mcleodcorp.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: same as above 4c. Business name (if applicable): same as above 4d. Street address: same as above 4e. City, state, zip: same as above 4f. Telephone no.: same as above 4g. Fax no.: same as above 4h. Email address: same as above 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 712 English Tudor Lane 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: JRobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4601751810 1 b. Site coordinates (in decimal degrees): Latitude: 35.42559 Longitude: - -80.99168 1 c. Property size: 18.76 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Johnson Creek 2b. Water Quality Classification of nearest receiving water: WS -4 2c. River basin: Upper Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: surrounding land use is a mix of mature forest and the exising Gates residential subdivision (phases 1-9). The location of the requested stream crossing is forested. 3b. List the total estimated acreage of all existing wetlands on the property: no wetlands present on site 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,098 linear feet 3d. Explain the purpose of the proposed project: To construct a shared driveway for two residential lots within Phase 10. 3e. Describe the overall project in detail, including the type of equipment to be used: Gates at Waterside is a residential development, Phase 10 consists of 19 lots 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ®Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jennifer Robertson/Jacob Sinclair Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 2/15/17 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. previous permits have been issued for previous phases at Gates at Waterside, 290 linear feet of stream impact and 0.225 acre of wetland impact has been approved in the past 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. this is Phase 10 of the project, no additional phases are anticipated at this time Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. Wetland impact number Type of impact Permanent (P) or Tem ora T 2c. Type of wetland (if known) 2d. 2e. 2f. Type of jurisdiction Area of Forested Corps (404, 10) or impact DWQ (401, other) (acres) W11 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: none 2h. Comments: there are no wetlands on site 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ — non -404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT to Johnson Creek INT Corps 3 50 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 50 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Tem ora T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: none 4g. Comments: there is no open water on site 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: no pond is proposed 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require miti ation, then vou MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. Buffer impact number- Reason for impact Permanent (P) or Temporary (T) 6d. Stream name 6e. 6f. 6g. Buffer Zone 1 Zone 2 mitigation impact impact required? (square (square feet) feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments: no protected riparian buffer impacts are proposed, Lincoln County has local buffer requirements Page 5 of 10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to the intermittent stream are limited to 50 linear feet. Additional stream impacts were avoided by using a shared driveway as opposed to two driveways. Stream impacts are proposed to 2% of the streams on site. All other streams (2,048 linear feet) have been avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The side slopes of the driveway are as steep as are allowed in order to get local approval. Required rip -rap energy dissapators will be installed above the ordinary high water mark to avoid additional stream impacts. 50 linear feet is as narrow as the driveway crossing can be constructed considering the topography. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: 50 linear feet 4c. If using stream mitigation, stream temperature: Warm 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. not applicable Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 17% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: <24% 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered 'yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered 'yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered `yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. existing sanitary sewer Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR Natural Heritage Program GIS review request and FWS IPAC, see enclosed "no effect" letter from FWS 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCHPO GIS Service, see enclosed "no comment" letter from SHPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson f �l� 10/26/2017 Applicant/Agent's Printed Name fd". Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009 4E•—Mptll%�NLCLEA�4N� �ia�w-v i C°�u"nu'�"ox,00mos xwulNo �cea. wlaem�sie�rcewnlx®er�u mem Iw�swmrn�mva r�iwap n�°[t [�iclEs w rx.o[ vrwrc rteruunaxs. EXISTING WE NOTEB ox:'i*o ee`xeau�nl xiee:/rE� — ..a u+IwNxa Mtm .ilenm',wc ICR naw EXC•1.0 EXISTING CONDITIONS AND DEMOLITION PIAN S•2 OVERALL SITE PIAN EC•11 b EC -12 EROSION CONTROL PIAN (PHASE 1) EC- 3 to K•14 EROSION CONTROL PIAN (PHASE 2) EC -3.5 to K•17 EROSION CONTROL DETAILS EC -IR EROSION CONTROL DETAILS AND SPECS GR"" GRADING AND STORM PLAN GR•9.2 GRADING PROFILE GR`L3 GRADING AND STORM DETAILS GR -4.4 GR_A5 INLET DRAINAGE PIAN POST DRAINAGE PIAN / eostC'Nf`\�I PIN#4601.66.0869 EAS7WOOD / m..C. .. I --'_ - - rid 7, ,r CONSTRUCTION CO. DB 2 609 PG 144- Uncdn County, NC ZPned; PD-RALI .. 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W e11FFER w' cos Zoned: R•T cos Zoned: R -T & PD -Ft _ ° iraF rR,m PIN#4601.65.7320 NBO'Oo'04'lf 1198.20' PIN n. D. Miler 8 Anne D. Miler T4• , Larry & Annette Grim9ey DB 84E -PG 251 / D8 1151 -PG 406 1 Lincoln County, NC SITE LEGEND Lincoln County, NC Zoned: R -T oeTn R Zoned: R -T smeoL NeoPDITr uNE AIA�ALL nsFlo�lan�la�Fnl�wE�Ln.A'RorFu2fEn ---- uw'vFwA, GRAPHIC SCAIE YRL EHBUL PUBUC UTaIttEASFNENT EwsnxG aea un[ Auk Know what's below. , — — — uasnNcsiAN,w�rM CBII before you dig. LRCRIAPn: PUBLICATION OR REUSE OF THESE ORAw1NGS OR ANY DETAILS WITH IN MUST BE WITH TME WRITTEN CONSENT OF PIEDMONT DESIGN ASSOCIATES, P.A. Owner: Approved: DRU RI ba W: 1. ILL RiROVEMENTS ANO CONSTRUCTION SPIAIL DE W S. CDNNACTDR 91ALL SAW -CUT EXISTING ASPHALT ACCORDANCE NTN STATE AND LOCAL STAIOAADS. PAVOIDIT AREAS TO TE N SMOOOAY 10 PROPOSED PAVE ENT AT DANANAY ENTRANCES ANO Ur,IIY 2. ANE GENERAL CONMACTLIR SMALL CONTACT ALL O'MIFAS OF EASEMENTS, u -TES. AND OPEN ROAD Cum RIDIT-OF-WAYS, PUBLIC AND PNVAAE. PAN TD MANWG W MSE AREAi 7. APPROVAL a THIS PLAN SEt DOES NO' APPROVE MIT NON-STAN)ANO ITEMS IN NE RIOFT-OF-WAY, J. GDIFNK CONTRACTOR SHALL MANTARI M SIRE W A & CONTACT M UTUTY C— TO RELOCATE ANT W SO MAT WORKMEN AND M PUBUC SHALL BE PROTECTED FROM INJURY. E.. uAI11TY POLES ALL —1.o 1— YMOI CONRJCl YM M 1101 VEMENTS :1NOER 11 4. ALL SIGNS, PAVEMENT MMMwGS, AND OTNDL 1RM BOOK OF THIS INN3,0 T WS' AT RELOCATED AT ME V(PENSE Or M APPUDMT. 0>ITROL DENCES SHALL C—OAM TO M YAWK ON uNIFWIA MR CONTAM Dlt—(WAD), 2003 FpDON AS AMENDED. 9. US CORP PERLRT Fill BE REOUN+EC FOR STREAM DSNRBANCE PMON 10 COMMFNC[u[NT nr O_AY A Q 3. All wR`AOR CURB FAp SIgYM ARE TO BACK OF DDNBTRUC1pN. CURB. Io. eEFONE Y0, DI& STOP. CMI I.< NC CAE -c— CENTER AT 1— 32— IT, nI- IAN. VICINITY MAP NO SGML RK:f1T .E! 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NAN.25'SIOPN DMINM.46NT. PIN#4601.55.6953 a�.j I T�NT�� J _I wNNAra Ewr. I- — — Steve D. 9f(ord DB 2245 -PG 887 Gary & lanet Duckworth �� �F" R L — — — — — — — — — — — — REAR IuePIR sTeAa lm.) Unooln county, NC DB 1266 -PG 135 J Lincoln County, NC J. W. BUFKR LN. W e11FFER w' cos Zoned: R•T cos Zoned: R -T & PD -Ft _ ° iraF rR,m PIN#4601.65.7320 NBO'Oo'04'lf 1198.20' PIN n. D. Miler 8 Anne D. Miler T4• , Larry & Annette Grim9ey DB 84E -PG 251 / D8 1151 -PG 406 1 Lincoln County, NC SITE LEGEND Lincoln County, NC Zoned: R -T oeTn R Zoned: R -T smeoL NeoPDITr uNE AIA�ALL nsFlo�lan�la�Fnl�wE�Ln.A'RorFu2fEn ---- uw'vFwA, GRAPHIC SCAIE YRL EHBUL PUBUC UTaIttEASFNENT EwsnxG aea un[ Auk Know what's below. , — — — uasnNcsiAN,w�rM CBII before you dig. LRCRIAPn: PUBLICATION OR REUSE OF THESE ORAw1NGS OR ANY DETAILS WITH IN MUST BE WITH TME WRITTEN CONSENT OF PIEDMONT DESIGN ASSOCIATES, P.A. Owner: Approved: DRU RI ba W: GRADNO AND DRAINAGE NOTES GRAD STORM STRUCTURE TABLE wrMu cwo w:sa•m m x[erexxr m —e mAna PIPES qR NETWORK [ rov w nxrt.uv ue • nnstl .., [ MMrcn AOVER,v uME o. msnw wAla [e*En +s. wcwoxc v.w.c. uw .xP uxoscu< sxow w a[wnrs naw[ rixzB [ro ( NM • .ffi41 -- - •[�-wxv UNE —w—st— EI�TIMG Sva[ulv.Yw91 qpF xc.s. z[cmrs. �'B OUT R6I0 1411 RmeaMSL GIMIN[lwarR a � � � � Ewn mG WRa IIME _ems_ EpSTNGSWITMYSEWFA e141NO1f xn sxru xx[ - 0•M swrr Day[iaw• (ovv Bl — — — — — CEMERu MbI1C uRlury Fxsbea • • • EIDSTIYc sM1wM vBE x na Ana m c. wp sxwr wr L..• loop BI STORM STRUCTURE TAKE mx.aA Dmr°IG ua BAsaz STR NAME: DETAII3 PIPES OUT NETVARK ---�--- EnnwG s[41DR COMIOUR ------ PROPGSED.cr. . aa..a mis cams[. =.rx•o.u.¢•s q,4 NM •�jHw aPURrsaau% Olenz m— nmwsED eMaa coxraa Lai PP.eor�O viol a.eR (wl eBwm..m ury art.)xm ss —Tt0 OPoYD MAp0. [ONTWR PROPOSED f1MmExD SKTOM waBaaae.mcRa ro [.aiul T lo•aL teIQI•N1RMaER[N0410R.RIAMeI DIS •).250 CE IT RdeI)S% EJren ENMwaY—w—w—EMISTgG WxIERUM ® PROPORO RIPiW NRW w•srar4r/cTal•EMrnw� "" D�BSTW�RRENroMNr f NDPDgDP[RMWRM[swxF VICINITY MAP xo 9CAIL �y TpF S � � .' In 1 �f �t / I � _ t II 5 I\ \ ` C -. l 1 �i/3 /. ;. I�F•�;:�-- 1 \I PINJt4601.66.m9 i C �=' % .. \ �`\` �h - EASTWOOD CONSTRUCTION CO ll DB 2 9 -PG 1 NC •PaRt,„O.h`T�r .''�'.r j x ROSS/iyG S,�gBp {yq TF/? ` I,y.N\�� \ zoned:I PPR \• d�yg -tQ ' 4sLstwsa�rw+[' ✓ r .3G -`'`'a !moi' / I I I � ' r l / tys' // / ' .�� �-. / EGWOE InIHG A �5�_-- __ �'fl►= , / - I Il /// > _ a � �-r � � lep- /; 4ol/! / I11i�1,- I. i. ,,r>._ � , � ' "fin.: v ! v 4 :1 � � 1 i � I l� • • .ws�' f� '/ / -��� fA.. / sg 'i 'mac.• - - � -� `�h i• o k a S I � A REIwF m�sToS.na_ - - " � Y_y'B f - `� � \U��� •: / �' i �' iT r r,. 116URE ALL �. - .- �/' 77 .wo MCE ��,. - w{ y RMIa ����,y �` "6%✓/ � _ AL!i.J t I 1 I 1' % acvmr 11[ \ •MIRr - x 4.. '� r — a\\ / _ Es, J \ fY' J`' 1 on Q�rr f Ol 1 1 i ,! 3. J a,•^'d' . 1 ag p� a' k ° �� I E % I A k3 1 /, tPs 'ire r PI04601.85.3279 Steve D. Word DB 2245 -PG 887 Gary 8 Janet Dud[vrorlh a as aI ROPE , ,fn kAl e•ilkD sDnROt ( :L / / DB 1266 -PG 135�. I Lincoln County, NC Un Coun , NC a Tie , ;_ on R- ,.•N#4601-75.3348 ;� / /a • / - / 1 / ^a Anne D. MN1 PERM.- r (d PINI 460Y 65 320 4rD nadir 11315.20 R / Larry & Ann"IS GRmAey i "i / aAvem:. \\ \', DB 69E -PG 251 1 / Drta I 1 DB 1151 PG 406 i I .'.f - 1 DwrcTn ) \\'', Uncdn County, NC II II I Uxdn County, NC -y1 j / / . \\•', ned: R -T __ I R ! ! GONTAACiOR NOTE GRAPHIC 3CALE m .au aB .,.w...lBB.w.B[ K—tuIrsbelow. Call before you dg. LxB4on: PUBLICATION OR REUSE OF THESE DRAWINGS OR ANY DETAILS WITHIN MUST BE WITH THE WRITTEN CONSENT OF PIEDMONT DESIGN ASSOCIATES. P.A. Owner. D.1..1 hew: Y b 1 ` •n GRAPHIC SCALE GRADING PROFILE WATERSIDE CROSSING MEADOW RUN DRIVE MOORESVILLE, NORTH CAROLINA t N o P � . b 1 ` k t v GRADING PROFILE WATERSIDE CROSSING MEADOW RUN DRIVE MOORESVILLE, NORTH CAROLINA McLEOD CORPORATION 19701—D WEST CATAWBA AVE. CORNELIUS, NC 28031 704-896-5552 T DESIGN , Ayy«lates, P.A. sin. 101 Waste la enter to �u ri.a tM.� r„aoe:(7a)e�a�.ixxa'F`>u:(7oi) 71778 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-00134 County: Lincoln U.S.G.S. Quad: NC -South Lake Norman NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Waterside Crossin¢ Residential LLC Steve McLeod Address: 19109 W. Catawba Ave., Suite 200 Cornelius, NC, 28031 Telephone Number: 704-905-2415 E-mail: s19mcleodArncleodcorp.com Size (acres) 18.76 Nearest Town Stanley Nearest Waterway Johnson Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.425603 Longitude: -80.990699 Location description: 18.76 acres off Meadow Run Drive in the Gates at Waterside Development. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way 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 contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the 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 CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable 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 consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend 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 consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to 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 on SURVEY SIGNED DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Scott Jones at 828-271-7980 or Scott.Jones(ii) usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 2/15/2017. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: JONES.MICHAELSCOTT.1258314073 Date of JD: 2/15/2017 Expiration Date of JD: 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 at hqp://corpsmgu.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: Agent: Atlas Environmental, INC Jennifer Robertson Address: 712 English Tudor Lane Charlotte, NC, 28211 Telephone Number: 704-512-1206 E-mail: JRobertson(&atlasenvixom NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL. Applicant: Waterside Crossina Residential LLC, Steve File Number: SAW -2017-00134 Date: 2/15/2017 McLeod Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C F-11 APPROVED JURISDICTIONAL DETERMINATION D ZI PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at or http://v �N-NN .usace.army.mil/Missions/CivilWorks/ReizulatoryProffamandPermits.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 your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • 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 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section I1 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 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 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR Q UESTIONS OR INFORMATION: If you have questions regarding this decision and;'or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Scott Jones CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room l OM 15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the onvortuni to participate in all site investiations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Scott Jones, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 2/15/2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Waterside Crossing Residential LLC, 19109 W. Catawba Ave., Suite 200, Cornelius, NC, 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Waterside Crossing Residential LLC, SAW -2017-00134 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 18.76 acres off Meadow Run Drive in the Gates al Waterside Development. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Lincoln City: Stanley Center coordinates of site (lat/long in degree decimal format): Latitude: 35.425603 Longitude: -80.990699 Universal Transverse Mercator: Name of nearest waterbody: Johnson Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 02/02/2017 TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) ST1 35.42610579 -80.99218861 652 Non -Wetland Waters Sec.404 ST2 35.42624476 -80.99065991 672 Non -Wetland Waters Sec.404 ST3 35.42561938 -80.9912436 774 Non -Wetland Water Sec.404 1) 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 (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 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 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 subject permit 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 or judicial 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: See Topographic Map ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with 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: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: _ ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Gates at Waterside (Google Maps). 10/2016 or ®Other (Name & Date):Site Photos 1-3, 09/2016 ❑ 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. JONES.MICHAEL.SCOT T.1258314073 .11 .22..1`°"" Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 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. awA United States Department of the Interior putt&w-RVIC.-;E---E [3E FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street,„ Asheville, North Carolina 28801 October 24, 2017 Jennifer Robertson Atlas Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 Dear Ms. Robertson: Subject: Gates at Waterside Phase 10 Residential Development Project; Lincoln County, North Carolina Log No. 4-2-17-464 The U.S. Fish and Wildlife Service (Service) reviewed your correspondence received via email on October 2, 2017 (dated September 14, 2017) wherein you provided this office with survey results requested in our earlier correspondence (July 19, 2017). The Service submits the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided you, on behalf of your client, are seeking necessary permits for impacts to jurisdictional waters of the U.S. associated with the construction of a residential subdivision on approximately 19 acres of land in Stanley, North Carolina. The current project landcover is a mixture of successional pine -hardwood forest, maintained utility line right of way, and access road (Meadow Run Drive). Our records and the information provided indicate the presence of >2,000 linear feet of stream. Beyond the project location, no project description, site plans, description of impacts to waters of the U.S., or description of impact avoidance, minimization, or mitigation measures were included in your correspondence. Federally Listed Endangered and Threatened Species According to the information provided, Atlas Environmental staff conducted a pedestrian survey for dwarf -flowered heartleaf (Hexastylis naniflora), Michaux's sumac (Rhus Michauxii), and Georgia aster (Symphyotrichum georgianum) on August 16, 2017. Suitable habitats for these species were investigated, but no evidence for these plants were detected. Service records do not indicate the presence of any other federally protected species in the project vicinity and we require no further action at this time. However, obligations under section 7 of the Endangered Species Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following recommendations in the interest of protecting fish and wildlife resources: Floodplain Development Executive Order 11988 requires federal agencies (and their designated nonfederal representatives) to consider and protect floodplain functions. We believe the examples of flooding in this area of North Carolina highlight the importance of avoiding the long- and short-term impacts associated with the occupancy and modification of floodplains and that we should avoid any direct or indirect support of floodplain development. Therefore, we do not believe the subject project should be built in the 100 -year floodplain or in any way result in the alteration of the 100 -year floodplain. Impervious Surfaces and Low -Impact Development The Service is concerned about the proposed increase in impervious surface and stormwater- mediated impacts to streams. Studies' show that areas of 10- to 20 -percent impervious surface (such as roofs, roads, and parking lots) double the amount of storm -water runoff compared to natural cover and decrease deep infiltration (groundwater recharge) by 16 percent. At 35- to 50 -percent impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Additionally, the adequate treatment of storm water in development areas is essential for the protection of water quality and aquatic habitat in developing landscapes. Additionally, these impervious surfaces collect pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via storm -water runoff) to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States, posing one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in human populations from exposure through drinking water and contact recreation. Increased storm -water runoff also directly damages aquatic and riparian habitat, causing stream -bank and stream -channel scouring. In addition, impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new developments, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition in order to avoid any additional impacts to habitat quality within the watershed. 'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government). Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices. GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN -0-934213-59-3. 2 We recommend the use of low -impact -development techniques,' such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. We also recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Stream Buffers Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: 1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from reaching streams; 2. enhance the in -stream processing of both point- and nonpoint-source pollutants; 3. act as "sponges" by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods); 4. catch and help prevent excess woody debris from entering the stream and creating logjams; 5. stabilize stream banks and maintain natural channel morphology; 6. provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web; and 7. maintain air and water temperatures around the stream. Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater]) should be created and/or maintained along all aquatic areas. Within the watersheds of streams supporting endangered aquatic species, we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of all intermittent streams, or the full extent of the 100 -year floodplain, whichever is greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructures that require maintained, cleared rights-of-way and/or compromise the functions and values of the forested buffers should not occur within these riparian areas. 'We recommend visiting the Environmental Protection Agency's Web site(http://www.epa.gov/polluted-ninon- nonpoint-source pollution/urban-y-iino -low-impact-development) for additional information and fact sheets regarding the implementation of low -impact -development techniques. The Service appreciates your consideration for our interest to protect fish and wildlife resources. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-17-464. Sincerely, - - original signed - - Janet A. Mizzi Field Supervisor 4 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona \I. Bartos, Administrator Governor Roy Cooper Seeretan' Susi 11. I lamilton July 24, 2017 Jacob Sinclair Environmental Specialist Atlas Environmental, Inc. jsinclair@atlasenvi.com Office of Archives and I listory• Deputy Sccrctan• Kevin Chcrry• Re: Waterside Crossing Residential Subdivision, Meadow Run Drive, Stanly, Lincoln County, ER 17-1214 Dear Mr. Sinclair: Thank you for your letter of June 22, 2017, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or renee.gledhill- earley(a)nedcr.gov. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, Ramona M. Bartos Location: 109 Nast Junes Street, Italcigh NC 27601 Mailing Address: 4617 \fail Service tenter, Raleigh NC 27699-4617 Telephone/Fax: (719) tp17-6570/807-6577 r: Afitiglation Services [NV IR6NMENTA L QUALITY November 2, 2017 Steve McLeod Waterside Crossing Residential, LLC 19701-D W. Catawba Ave. Cornelius, NC 28031 Project: Gates at Waterside Phase 10 ROY COOPER MICHAEL. S. REGAN Expiration of Acceptance: 5/2/2018 County: Lincoln 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 issued 404 Permit/401 Certification 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 Impact Type f Impact Quantity Catawba 03050101 Warm Stream 50 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 and 15A NCAC 02B.0295 as applicable. 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 at (919) 707-8915. Sincerely, /Asmset FORes. B Stanfill Management Supervisor cc: Jennifer Robertson, agent State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Gates at Waterside Crossing Phase to 2. Name of Property Owner/Applicant: Waterside Crossing Residential LLC 3. Name of Consultant/Agent. Jennifer Robertson, Atlas Environmental, Inc. *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): none known 5. Site Address: Meadow Run Drive, Stanley, NC 28164 6. Subdivision Name: Gates at Waterside Crossing 7. City: Stanley 8. County: Lincoln 9. Lat: 35.425603 Long: -80.990699 (Decimal Degrees Please ) 10. Quadrangle Name: Lake Norman South 11. Waterway: Unnamed UT to UT to Johnson C12 DWR # none known 12. Watershed: Upper Catawba HUC 8 13. Requested Action: Nationwide Permit # _ General Permit # X Jurisdictional Determination Request _ Pre -Application Request The following information will be completed by Corps office: MR Prepare File Folder Assign number in ORM Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: residential Site/Waters Name: Unnamed UT to UT to Johnson Creek (WS -IV) Keywords: Begin Date RONMENTAL US Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. Jason Randolph 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Re: Gates at Waterside: Phase 10 — 18.76 Acres Meadow Run Drive, Stanley, NC 28164 Jurisdictional Determination Request Jason: August 4, 2016 The Gates at Waterside Crossing Subdivision are requesting approval of the enclosed Jurisdictional Determination package for phase 10. Atlas staff traversed the property on July 22, 2016 to identify the presence of jurisdictional Waters of the United States. Atlas determined that there is one perennial stream and one seasonal stream that becomes non-jursidictional moving upslope on the property. A Trimble GPS with sub- meter accuracy was used in the field to mark the location the feature transitioned from seasonal to non -jurisdictional. The unnamed tributary on site drains west to another unnamed tributary at the Western property line and eventually to Johnson Creek South of the property. Atlas staff is aware of other 404 permits for this subdivision but there are no known requests for delineation approvals on phase 10 that Atlas can find record of. Enclosed are the necessary jurisdictional determination documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, �"4e -.dlu Jennifer L Robertson JRobertson@atlasenvi.com ATLAS Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 (m) / 828-712-9205 (m) / 980-819-7780 (o) / 980-819-7876 (f) www.atlasenvi.com / Offices in Asheville, Charlotte, and Raleigh Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: City, State: County: Directions: Meadow Run Drive Stanley NC 28164 Lincoln HW 16 to East on HW 73, R in -1 mile onto Killian Farm Rd 0.5 mile R on Siffard, R on Pinkney, L on Brookdale, L Meacb Parcel Index Number(s) (PM): 4601751810 B. REQUESTOR INFORMATION Name: Jennifer L Robertson, Atlas Environmental, Inc. Mailing Address: 712 English Tudor Lane, Charlotte, NC 28211 Telephone Number: (704) 512-12o6 Electronic Mail Address': JRobertson (a)atlasenvi.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant2 ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Waterside Crossing Residential LLC Mailing Address: 191o9 W Catawba Ave Suite 200 Cornelius NC 28031 Telephone Number: 704-512-12o6 (Jennifer Robertson) Electronic Mail Address3: JRobertson(@atlasenvi.com ✓❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) 1 If available 2 Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. *see agent authorization form Property Owner (please print) Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: August 4, 2016 Date ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does NOT include a delineation. F] I am requesting that the Corps investigate the property/project area for the presence or absence of WoUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. ❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). ° For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS ❑✓ Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ✓❑ Size of Property or Project Area 18.76 acres n✓ I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: W- Completed and signed Preliminary Jurisdictional Determination Form6. Project Coordinates: 35.425603 Latitude -80.990699 Longitude Maps (no larger than 1 l x 17) with Project Boundary Overlay: © Large and small scale maps that depict, at minimum: streets, intersections, towns © Aerial Photography of the project area USGS Topographic Map © Soil Survey Map aOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets8 ❑ Upland Data Sheets ❑✓ Landscape Photos, if taken Tributaries: USACE Assessment Forms ❑ Other Assessment Forms (when appropriate) © Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: htto://www.usace.armv.mil/Missions/CivilWorks/ResulatorvProxramandPermits/reit suoo.asox Wetland and Stream Assessment Methodologies can be found at: htto:/Ioortal.ncdenr.ora/c/document librarv/aet file?uuid=76f3c58b-dab&4960-ba43-45b7faf06f4c&arounld=38364 and, htto://www.saw.usace.armv.mil/Portals/59/docs/reaulatorv/oublicnatices/2013/NCSAM Draft User Manual 130318.odf ° Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets9 Tributaries: ❑ USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") ❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 jurisdictional Determination Request I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard- copy submittals include at least one original Plat (to scale) that is no larger than 11 "x 17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11 "x 17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL Must be sealed and signed by a licensed professional land surveyor Must be to scale (all maps must include both a graphic scale and a verbal scale) 1-1 Must be legible F1Must include a North Arrow, Scale(s), Title, Property Information ❑ Must include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points 1-1 Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) ❑ When wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries Must include the location of wetland data points and/or tributary assessment reaches Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non - jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Jurisdictional Determination Request (2) CERTIFICATION LANGUAGE 1-1 When the entire actual Jurisdictional Bound= is depicted: include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official. Title: Date: USACE Action ID No.: When uplands may be present within a depicted Jurisdictional Boundar: include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: be at sub -meter accuracy at each survey point. include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: 2/3/2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Waterside Crossing Residential LLC, 19109 W Catawba Ave Suite 200 Cornelius NC 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, SAW -2017-00134 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Lincoln city: Denver Center coordinates of site (lat/long in degree decimal format): Lat.: 35.425173 Long.: -80.989430 Universal Transverse Mercator: Name of nearest waterbody: UT t0 Johnson Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ■❑ Field Determination. Date(s): 2/2/2017 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) ST 1 35.42610579 -80.99218861 652 Non -Wetland Waters Section 404 ST2 35.42624476 -80.99065991 672 Non -Wetland Waters Section 404 ST3 35.42561938 -80.9912436 774 Non -Wetland Waters Section 404 1) 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 (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 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 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 subject permit 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 or judicial 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: 0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: OR U.S. Geological Survey Hydrologic Atlas: GIS data sources R USGS NHD data. R USGS 8 and 12 digit HUC maps. FE -1 U.S. Geoloaical Survev maD(s). Cite scale & auad name: 1:24,000 GIS data sources R Natural Resources Conservation Service Soil Survey. Citation: GIS data sources ■❑ National wetlands inventory map(s). Cite name: GIS data sources ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: GIS data sources ❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑■ Aerial (Name & Date): Google maps, imagery date 10/2016 or ❑■ Other (Name & Date): Site photos, 9/2016 ❑ 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. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. •..y��:1!7tl ;. AONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, or right to purchase holder of the property identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff. Alfas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or WQP. Project Name: o1ra",9*5 Property Owner of Record: Contact Name: 8616SC4 Address: I -A _ASI-e— Address: doelket%%in . Nc _ZTso31 Phone/Fax Number: MwA fK9t. SSSZ Email Address: Project Address:,�d���w�. L�w� Project Address: t1W A,%kf-q Tax PIN: L1t.0'r!St!V-A Signature: Date: Is - f A7XAS Environmental Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 / 828-712-9205 jrobertson@atiasenvi.mm www.atlasenvi.com LINCOLN COUNTY Tuesday, April 08, 2008 SrAiE OF _00.00 1- ► Real Esate Excise Tax 1,%j%j%j ?`tt COOK -4-4 1.1410 4 PAGE 331 FILED DATE 4/8/2008 TIME: 8:44 AM BOOK 2024 PAGE 331 ELAINE N. HARMON REGISTER OF DEEDS LINCOLN COUNTY, NC �3 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: i '0049. n" Parcel Identifier No. 33 I,2 5 Verified by ^_ County on the ___ day of 120 Mail/Box to: This instrument was prepared by: Baker 6 Baker, PLL,, 9.620 lolly Point Dr., Ste. 102, uHMM e1! Brief description for the Index: THIS DEED made this 1st day of January 2Cb 7 , by and between GRANTOR East Lincoln Investments, LLC (a NC limited liability company) GRANTEE Waterside Crossing Residential, LLC (a NC limited liability company) 19109 W. Catawba Ave., Suite 200 Cornelius, NC 28031 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, &&ii v Al County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book page NC Bar Association Form No. 362 1976, Revised 62 1977, 2002 + James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliwns.com BOOK 2 0 2 4 PAGE 332 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: A) All easements, restrictions and rights-of-way of record. B) Ad valorem taxes for the current year. C) Those facts which a current survey of the property would disclose. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (Entity Name) By: Title: By: Title: By: Title: (SEAL) z BY: (SEAL) 0 z 9 • L v• f �! J /Nt.nn[i /►t<Naye't; (SEAL) u a J w (SEAL) State of North Carolina - County of 2 O 1, the undersigned Notary Public of the County and State aforesaid, certify that i personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my < hand and Notarial stamp or seal this day of 20_ My Commission Expires: Notary Public State of North Carolina -County of u u CQrede/l kar/ A. err;f ix/ �;. LONA � �. i, the undersigned Notary Public of the County and State aforesaid, certify that y " _ 1 ✓ . rally came before rine this day and acknowledged that _he is the mem/e. -I%la dye ✓ of has t e s vee f'+I ✓�s�ir+r v/s L t C� North Carolina eefpo iispA.imited liability companyig = ership (strike through the inapplicable), and that by authority duly given and as the act of each entity, Ve� he signed the forgoing instrument in its name on its behalf as its act and dead. Witness my hand and .� Notarial stamp or seal this / S L day of J ue «, 20cj w My Commission Expires: l / G U.Q / I a < <-•-R ' 1 Notary Public } State of North Carolina - County of z I, the undersigned Notary Public of the County and State aforesaid, certify that z a Witness my hand and Notarial stamp or seal this day of .,20—. My Commission Expires: Notary Public The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. _ _—Register of Deeds for _ _ _ _ County By: Deputy/Assistant - Register of Deeds NC Bar Association Form No. 3 C 1976, Revised ® 1977, 2002 * James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com BOOK 2 U 2 4 PAGE 333 EXHIBIT A BEGINNING at a found stone at a # 8 rebar, said stone being the Northeastern corner of Anne D. Miller, (now or formerly, Lincoln County Clerk of Court, Estate File # 84E251, and being a portion of Lot formerly known as # 3); and runs thence with the Northern line of Miller and the Northern line of Larry E. Grimsley, (now or formerly in Deed Book 1151 at Page 406) North 89-00-04 West 1136.83 feet to a found '/2 inch pipe, said pipe being the Northwestern comer of Grimsley and the Northeastern corner of lona K. Dellinger, (now or formerly in Deed Book 681 at Page 001), and the Southeastern comer of Edna M. Duckworth (now or formerly, Lincoln County Clerk of Court, Estate File 485E53); and runs thence with the Northeastern line of Edna M. Duckworth, North 33-29-20 West 154.55 feet; and continues thence North 33-29-20 West 25.00 feet to a # 4 rebar in the center of a creek; and runs thence with the center line of said creek the following 22 courses and distances: (1) South 80-01-57 East 14.75 feet; (2) North 41-08-22 East 40.40 feet; (3) North 02-13-01 East 117.06 feet; (4) North 46-38-00 West 31.66 feet; (5) North 05-21-35 East 55.86 feet; (6) North 29-29-06 East 122.87 feet; (7) North 21-00-08 East 64.06 feet; (8) North 60-22-03 East 36.71 feet; (9) North 16-56-22 East 66.34 feet; (10) North 32-08-24 East 45.50 feet; (11) North 25-14-29 West 23.23 feet; (12) North 6649-10 East 34.71 feet; (13) North 56-57-37 East 32.78 feet; (14) North 29-08-29 East 55.95 feet; (15) North 44-45-25 West 43.02 feet; (16) North 32-29- 50 East 191.75 feet; (17) North 19-16-40 East 121.31 feet; (18) North 01-08-44 East 39.49 feet; (19) North 49-37-17 East 14.15 feet; (20) North 57-55-53 East 46.82 feet; (21) North 04-13-13 East 109.83 feet; (22) North 31-52-13 East 24.67 feet to a # 4 rebar in the center of a creek; and runs thence with the Southern line of Waterside Crossing Residential, LLC, (now or formerly in Deed Book 1197 at page 565), South 73-40-33 East 1444.56 feet to a # 4 rebar (passing a # 4 rebar at 25.00 feet, and passing a # 4 rebar at 1302.43 feet,), a new comer of Stephen Dennis Sifford; and runs thence with a new line of Stephen Dennis Sifford, South 06-23-33 West 348.16 feet to a set #4 rebar, a new Southwestern corner of Stephen Dennis Sifford; and tuns thence with the Southern line of Stephen Dennis Sifford South 69-50-53 East 49.35 feet to a 44 rebar set in the centerline of the center of a gravel drive (a 30 foot wide Reciprocal Driveway and Utility Easement Deed Book 1343 at Page 733); and continues thence South 69-50-53 East 206.51 feet to a found stone, said stone being the Southeastern comer of Stephen Dennis Sifford and the southwestern corner of Waterside Crossing Residential, LLC (Deed Book 1197 at Page 569); and runs thence with the Southern line of Waterside Residential, LLC, South 69- 50-53 East 782.15 feet to a #4 rebar; and continues thence with another line of Waterside Crossing Residential LLC, South 22-45-11 East 266.59 feet to a # 4 rebar; and continues thence with another line of Waterside Crossing Residential LLC, (now or formerly in Deed Book 1196 at Page 236), South 49-13-39 West 142.56 feet to a 1 %: inch bent pipe; and continues thence South 49-13-39 West 63.08 feet to a found % inch solid iron; and continues thence South 49-13-39 West 10.82 feet to a # 4 rebar set in the center of a 150 foot wide Duke Power Company Transmission Line Right -of Way, (now or formerly in Plat Book G at Page 101); and runs thence with the center line of said right-of-way North 69-49-52 West 1215.95 feet to a found # 4 rebar at the center of a 30 foot wide private gravel drive (Deed Book 1343 at Page 733); and runs thence with the Northern line of the GAClients Namcd Folders\WCR-GATES\WATERSIDE SIFFORD LEGAL.doc BOOK ZUZ4PAGE J J 4 Sifford Family Limited Partnership property, South 57-20-14 West 395.15 feet to the point and place of BEGINNING containing 49.06 acres more or less, all as shown on that certain survey by Jimmy N. Faires, PLS #4311 of Charles H. Sells, Inc. dated July 21, 2004. GAClicnts Named Folders\WCR-GATES\WATERSIDE SIFFORD LEGAL.doc NC DENR - DIVISON OF WATER RESOURCES 2B .0300 .0308 CATAWBA RIVER BASIN Name of Stream Description Class Class Date Index No. Lucky Creek From source to Lake Norman, WS-IV,B;CA 08/03/92 11-110 Catawba River Ramsey Creek From source to Lake Norman, WS -IV 08/03/92 11-111 Catawba River CATAWBA RIVER (Mountain From Cowan's Ford Dam to Water WS-IV;CA 08/03/92 11-(112) Island Lake below elevation 648) Intake at River Bend Steam Station Johnson Creek From source to a point 0.6 mile WS -IV 08/03/92 11-113-(1) upstream of mouth Johnson Creek From a point 0.6 mile upstream of WS-IV;CA 08/03/92 11-113-(2) mouth to Mountain Island Lake, Catawba River CATAWBA RIVER (Mountain From Water Intake at River Bend WS-IV,B;CA 08/03/92 11-(114) Island Lake below elevation 648) Steam Station to Mountain Island Dam (Town of Mount Holly water supply intake) McDowell Creek From source to U.S. Hwy. 21 C 09/01/74 11-115-(1) McDowell Creek From U.S. Hwy. 21 to a point 0.7 WS -IV 08/03/92 11-115-(1.5) mile upstream of mouth Caldwell Station Creek From source to 1-77 C 09/01/74 11-115-2-(1) Caldwell Station Creek From 1-77 to McDowell Creek WS -IV 08/03/92 11-115-2-(2) Torrence Creek From source to McDowell Creek WS -IV 08/03/92 11-115-4 McDowell Creek From a point 0.7 mile upstream of WS-IV;CA 08/03/92 11-115-(5) mouth to Mountain Island Lake, Catawba River Gar Creek From source to a point 0.6 mile WS -IV 08/03/92 11-116-(1) upstream of mouth Gar Creek From a point 0.6 mile upstream of WS-IV;CA 08/03/92 11-116-(2) mouth to Mountain Island Lake, Catawba River CATAWBA RIVER (Lake Wylie From Mountain Island Dam to WS-IV;CA 08/03/92 11-(117) below elevation 570) Interstate Highway 85 Bridge at Belmont Harwood Lakes and Brinkley Entire lakes and connecting streams WS-IV;CA 08/03/92 11-118 Twin Lakes to Lake Wylie, Catawba River Dutchmans Creek From source to a point 0.8 mile WS -IV 08/03/92 11-119-(0.5) downstream of Taylors Creek Leepers Creek From source to a point a point 0.8 C 08/03/92 11-119-1-(1) mile upstream of mouth Sawmill Branch From source to Leepers Creek C 08/03/92 11-119-1-2 Lippard Creek From source to Leepers Creek C 08/03/92 11-119-1-3 Link Creek From source to Lippard Creek C 08/03/92 11-119-1-3-1 Ore Bank Branch From source to Leepers Creek C 03/01/62 11-119-1-5 Lick Run From source to Leepers Creek C 03/01/62 11-119-1-6 Reed Creek From source to Leepers Creek C 03/01/62 11-119-1-7 Bradshaw Branch From source to Leepers Creek C 03/01/62 11-119-1-8 Dellinger Branch From source to Leepers Creek C 03/01/62 11-119-1-9 Armstrong Branch From source to Dellinger Branch C 03/01/62 11-119-1-9-1 Crooked Creek From source to Leepers Creek C 03/01/62 11-119-1-10 McClure Branch From source to Leepers Creek C 03/01/62 11-119-1-11 22 mWA wA tIc- earth o �-Iie fig 00 oft ado w,F,,u IDOW, u --,► Gate acr...os-sioa+ _� F i re Hyd ra n t� :nd of JUrisdictional Channel 35.425304 -80 D89872Xf ooc ccearth Tv 1i -ogle I _. io ft Updated 9/12/2016 USGS Topographic Map — '� VIRONMENTAL a f - J _ _ i -i • f Inn -3 75 0 75 150 225 300 m `% m .wA rtes at Waterside IA 1% Flood Map REFERENCE LAVERS NFHL Data Puailalole FIRM Panel Boundary LOMB Boundary SPECIAL FLOOD HAZARD ARE 196 Annual Chance Flood t 20neA.A-, A9%A0. AkAP, Regulatory Floodway OTHER AREAS OF FLOOD HAi 02% AnnualGhanca Floa LUJU x tvs Future Conditions 1% Ann, Chance Flood Hazard 2�Dm jr" Area with Reduced Flood F due to Leuee tare X Areas Outside the 0.2% An MO*MM Chance Floodplain 2me x Areas of Undetermined Flo Hazard 2WeD CRM SECTIONS & BEES E 'a r Cross Sections with 1% Ani J Chance Water Surface Ele, ---- CoastalTramsect Coastal Transect Baseline ProTle Baseline —au— Base Flood Elembon SUPPORTING INFORMATION -- - L un] of Study ,anoa[ Reepsville Ile Lincolnton West General Project Location � IRONMENTAL Maiden Lincolnton AL Legend South Fork Catawba Q Phase 10 Boundary Q USGS Quadrangles HUC 8 Denver I Lake Norman North Lowesville I Lake Norman South Upper Catawba Updated 9/12/2016 Project Location End of Jurisdictional Channel �RONMENTAL a � r " � •, _ _ Meer {: e ow nR Oil Legend • GPS End of Jurisdictional Channel Q Phase 10 Boundary Q parcels Georeferenced site plan o Streets w ti 25 0 25 50 75 100 m ,w A USACE AID# DWQ #, Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET -.Aoqp Provide the following information for the stream reach under assessment: 1. Applicant's name: Waterside Crossing Residential 2. Evaluator's name: J Sinclair J Robertson 3. Date of evaluation: 722/2016 4. Time of evaluation: 8:oo am 5. Name of stream: UT to UT to Johnson Creek 6. River basin: Upper Catawba HU 8 7. Approximate drainage area: +/- 24 acres 8. Stream order: 1 9. Length of reach evaluated: Total Length 11. Site coordinates (if known): prefer in decimal degrees. Latitude (ex. 34.872312): 35.425603 10. County: 12. Subdivision name (if any): Gates at Waterside Crossing Longitude (ex. -77.556611): -8o'990699 Lincoln Method location determined (circle): GW Tcp6&,et Ort1/(.Aerial) Photo/GIS Other G::S Other Google Earth 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): Flows West across center of parcel 14. Proposed channel work (if 15. Recent weather conditions: Clear. 85 degrees F during site visit. 16. Site conditions at time of visit: Sunny. Not much rainfall 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed IV 18. Is there a pond or lake located upstream of the evaluation point? YES V If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES 1116 21. Estimated watershed land use: 50 % Residential 50 % Forested 22. Bankfull width: 4 20. Does channel appear on USDA Soil Survey? VS NO _% Commercial _% Industrial _% Agricultural _% Cleared / Logged _% Other ( TOTAL 100 ) 23. Bank height (from bed to top of bank): 2 24. Channel slope down center of stream: _Flat (0 to 2%) Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (>10%) 25. Channel sinuosity: Straight V Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 52 Comments: iw+ dz August 22, 2016 Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET * "These characteristics are not assessed in coastal streams. ECOREGION POINT RANGE # CHARACTERISTICS SCORE Coastal Piedmont Mountain 1no Presence of flow / persistent pools in stream 0 — 4 0-5 1 flow or saturation = 0• strongflow = maxpoints)0-5 2 Evidence of past human alteration 0-6 0-5 0-5 extensive alteration = 0• no alteration = maxpoints)5 3 Riparian zone 0-6 0-4 0-5 no buffer = 0; contiguous, wide buffer = maxpoints)5 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 extensive discharges = 0• no discharges = maxpoints)5 *4 5 Groundwater discharge 0-3 0-4 0-4 2 d no discharge = 0• springs, sees wetlands etc. = maxpoints) 0.4 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 no floodplain = 0; extensive floodplain = max points Entrenchment / floodplain access 0— 5 0— 4 0— 2 2 91 (deeply entrenched = 0• frequent flooding= max points) 8 Presence of adjacent wetlands 0-6 0-4 0-2 0 no wetlands = 0; large adjacent wetlands = maxpoints) 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0• natural meander = maxpoints) 10 Sediment input 0-5 0-4 0-4 3 extensive deposition= 0; little or no sediment = maxpoints) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 2 fine homogenous = 0• large, diverse sizes = maxpoints) 12 Evidence of channel incision or widening 0-5 0-4 0-5 >0 (deeply incised = 0; stable bed & banks = maxpoints)3 13 Presence of major bank failures 0-5 0-5 0-5 4 1.4 severe erosion = 0• no erosion stable banks = maxpoints) 11 Q 14 Root depth and density on banks 0-3 0-4 0-5 3 Ey no visible roots = 0• dense roots throughout = maxpoints) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 4 substantial impact =0; no evidence = maxpoints) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 1 no riffles/ripples or pools = 0; well-developed = maxpoints) E d 17 Habitat complexity 0-6 0-6 0-6 1 F little or no habitat = 0; frequent, varied habitats = max points a1 18 Canopy coverage over streambed 0-5 0-5 0-5 5 no shading vegetation = 0• continuous canopy = maxpoints) x 19 Substrate embeddedness NA* 0-4 0-4 (deeply embedded = 0; loose structure = max)3 20 Presence of stream invertebrates (see page 4) 0 — 5 0-5 p no evidence = 0• common numerous types = maxpoints)0-4 U21 Presence of amphibians 0-4 0-4 0-4 0 Q no evidence = 0; common numerous types = max points 22 Presence of fish 0-4 0-4 p no evidence = 0; common numerous es = max oints H0-4 23 Evidence of wildlife use 0-6 0-5 0-5 1 no evidence = 0; abundant evidence = maxpoints) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 52 * "These characteristics are not assessed in coastal streams. NC DWO Stream Identification Form Version 4.11 Date: 7/22/2016 Project/Site:Waterside Crossing R40 Latitude: 35.425603 Evaluator: J Sinclair J Robertson County: Lincoln Longitude: -80.990699 Total Points: Stream Determination (circle one) Other South Lake Norman Stream is at least intermittent 23.5 Ephemeral Intepflittent Perennial e.g. Quad Name: if 2 19 or perennial if z 30' 2 3 A. Geomorphology Subtotal = 11 Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 Sketch: artificial ditches are not rated; see discussions in manual R Hvrirnlnnv lSiihtntnI = 7_r, 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1.5 17. Soil -based evidence of high water table? 0 No = 0 Yes = 3 1.5 (. Rinlnrnv Miihtntal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 2 2 1 1 1 0 1 1 1 1 0 1 1 0.5 1 1 3 3 1 0 0 0 0 1 O O -� -ary 9 +ilro Non -Jurisdictional —60 yards up slope from "End of Jurisdictional Feature" point Map data ©2016 Google 2 mi Charlotte, NC Get on 1-277 N/NC-16 N from N College St 5 min (1.1 mi) t 1. Head northeast on S Tryon St toward W Trade St 482 ft r' 2. Turn right onto E 5th St 479 ft 41 3. Turn left onto N College St 0.6 mi '1 4. Use the left lane to turn left onto E 12th St 0.2 mi 5. Use the left lane to take the ramp onto 1-277 N/NC-16 N 0.2 mi Continue on NC -16 N. Take 1-85 S, 1-485 Inner and NC -16 N to NC -73 E in Catawba Springs. Take the NC -73 exit from NC -16 N 26 min (24.8 mi) 6. Merge onto 1-277 N/NC-16 N 0.5 mi t 7. Continue onto NC -16 N 2.5 mi Charlotte, NC to Meadow Run Drive, Drive 29.2 miles, 38 min Go gle Maps Stanley, NC 28164 to 0 w„ 7Y ch.~hC -. ...... Wry ., Go Map data ©2016 Google 2 mi Charlotte, NC Get on 1-277 N/NC-16 N from N College St 5 min (1.1 mi) t 1. Head northeast on S Tryon St toward W Trade St 482 ft r' 2. Turn right onto E 5th St 479 ft 41 3. Turn left onto N College St 0.6 mi '1 4. Use the left lane to turn left onto E 12th St 0.2 mi 5. Use the left lane to take the ramp onto 1-277 N/NC-16 N 0.2 mi Continue on NC -16 N. Take 1-85 S, 1-485 Inner and NC -16 N to NC -73 E in Catawba Springs. Take the NC -73 exit from NC -16 N 26 min (24.8 mi) 6. Merge onto 1-277 N/NC-16 N 0.5 mi t 7. Continue onto NC -16 N 2.5 mi 0.2 mi Continue on NC -73 E. Take Killian Farm Rd to Meadow Run Drive in Lowesville 8 min (3.3 mi) P' 14. Turn right onto NC -73 E 1.4 mi f 15. Turn right onto Killian Farm Rd 1.2 mi r 16. Turn right onto Sifford Rd 8. Use the left 2 lanes to turn left to merge onto 1-85 S toward Gastonia 0.2 mi r 5.6 mi ' 9. Take the Interstate 485 Inner N exit toward Interstate 77 N/Statesville 0.9 mi 41 10. Merge onto 1-485 Inner 4.4 mi 11. Take exit 16 for NC-16/Brookshire Blvd toward Newton 19. Turn left onto Meadow Run Drive 0.4 mi '1 12. Use any lane to turn left onto NC -16 N/Brookshire Blvd 0.1 mi 0 Continue to follow NC -16 N 10.3 mi 13. Take the NC -73 exit toward NC -16 N/Lincolnton/Huntersville 0.2 mi Continue on NC -73 E. Take Killian Farm Rd to Meadow Run Drive in Lowesville 8 min (3.3 mi) P' 14. Turn right onto NC -73 E 1.4 mi f 15. Turn right onto Killian Farm Rd 1.2 mi r 16. Turn right onto Sifford Rd Meadow Run Drive Stanley, NC 28164 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the rrap results, and you should plan your route accordingly. You must obey all signs or notices regarding you, route. 0.2 mi r 17. Turn right onto Pinkney PI 318 ft 41 18. Turn left onto Brookdale Ln 0.3 mi ♦1 19. Turn left onto Meadow Run Drive 0.1 mi Meadow Run Drive Stanley, NC 28164 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the rrap results, and you should plan your route accordingly. You must obey all signs or notices regarding you, route. NC DWO Stream Identification Form Version 4.11 Date: 2/2/2017 Project/Site:Waterside Crossing Re Latitude: 35.425173 Evaluator: J Sinclair J Robertson County: Lincoln Longitude: -80.989430 Total Points: Stream Determination (circle one) Other South Lake Norman Stream is at least intermittent 10.5 if z19 or Perennial if Z30* em Eph7"'eral Intermittent Perennial e.g. Quad Name: A. Geomorphology Subtotal = 5 Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 Sketch: artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 2.s ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1.5 17. Soil -based evidence of high water table? 0 No = 0 Yes = 3 1.5 C. Bioloov (Subtotal = q 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 1 1 0 1 1 0 0 0 0 1 0 0 0 1 0.5 1 0 2 1 0 0 0 0 0 O 0