20200143 Ver 1_401 Application_20200122

JOJ 6 6N,3
W ETLAN DS
8' WATERS, INC
Mr. Bryan Roden -Reynolds
US Army Corps of Engineers
Charlotte Regulatory Field Office
c/o Asheville Regulatory Field Office
151 Patton Ave. Room 208
Asheville, North Carolina 28801
RE: Nationwide Permit 12 Verification
Cresswind at Wesley Chapel
Union County
SAW-2019-001154
Messrs. Roden -Reynolds and Johnson,
Mr. Alan Johnson
Division of Water Resources
Mooresville Regional Office
610 East Center Ave. Suite 301
Mooresville, N(
2 440
January 20®
Attached please find a Pre -Construction Notification for a Nationwide Permit 12 Verification for impacts
associated with construction of gravity fed sanitary sewer connections to service a proposed residential
development on the subject property, referred to as Cresswind at Wesley Chapel. The site is located on
Potter Road Union County, North Carolina. Impacts associated with this request include 70 linear feet of
temporary impacts to jurisdictional non -wetland Waters of the US and 0.09 acres of temporary impacts
to jurisdictional wetlands Waters of the US. Impacts to isolated, non -jurisdictional features total 0.22
acres and are included for notification purposes to NC DWR. We are also requesting a 401 WQC from
NC DWR for the above referenced impacts. An Approved Jurisdictional Determination request was
received by the Army Corps Asheville Field Office on behalf of the Charlotte Field Office on 06/28/19,
with a site visit conducted by Mr. Bryan Roden -Reynolds on 08/14/19. The issued Approved
Jurisdictional Determination is included with this request.
ProiectPurpose and Need
The purpose of the proposed project is to construct gravity fed sanitary sewer connections to service a
residential subdivision to meet the growing demand for housing within the region.
Project Description
The proposed project consists of the proposed development, appurtenant parking and infrastructure,
stormwater facilities, and connection to an existing on -site sanitary sewer system. 70 linear feet of
temporary impacts to jurisdictional tributaries are necessary for two sewer crossings in order to tie into
existing facilities, with each crossing consisting of 30 linear feet of temporary impacts for open -cut
sewer installation and 5 linear feet for temporary pump -around. 0.09 acres of temporary impacts to
jurisdictional wetlands are proposed in order to utilize open -cut sewer installation. Permanent impacts
are only proposed to two features determined to be isolated, including a small isolated wetland and
livestock watering pond, and total 0.22 acres. The site will be constructed under an approved sediment
and erosion control plan in order to minimize risk of materials incidental to construction activities being
transported into downstream receiving waters.
Christopher Huysman WtTLANDIS & WAT<RN, INC. Tamp Bandy
170 Dew Drop Road 4108 LB Propst Drive
Sparta, NC 28675 Conover, NC 28613
336.406.0906 828.302.3437
[e-mail] [e-mail]

Avoidance and Minimization
The project has been carefully designed to minimize impacts to aquatic resources to the maximum
extent practicable. The site has been designed such that no permanent impacts to jurisdictional 404
Waters of the US are required. Temporary impacts are necessary for utility access only and have been
located in narrow portions of the subject wetlands and at near perpendicular crossings. Impacts within
the temporary construction easements will be allowed to naturalize following construction activities.
Impacts within the permanent easements will be returned to pre -construction grades with stockpiled
materials such that no loss occurs. These impacts areas will be permanently maintained and thus will be
converted into a non -forested condition.
Compensatory Mitigation
As impacts to jurisdictional wetlands and tributaries are temporary in nature and less than 1/loth acre
and 150 LF respectively, compensatory mitigation is not proposed for these impacts. Impacts to isolated
features total less than % acre, and thus compensatory mitigation is also not proposed for these
features. These impacts are included for notification purposes only.
Attached documentation to support this request is as follows:
1. Pre -Construction Notification
2. Impact Exhibits
3. North Carolina Natural Heritage Program Report
4. Parcel Ownership information
5. Approved Jurisdictional Determination
Please do not hesitate to reply if you have any questions or require further information to process this
request.
Best regards,
Perry Isner
704.773.4239
CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY
1 70 DEW DROP ROAD 41 OB LB PROPST DRIVE
SPARTA, NO ZB675 CONOVER, NO 2EI61 3
336.406.0906 B2B.302.3437
CHRIS. H UYSMANQQ GMAIL.COM [e-mail]

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
A.
1.
Pre -Construction Notification (PCN) Form
Applicant Information
Processing
1 a.
Type(s) of approval sought from the Corps:
❑x Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
X❑ Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
[I Yes ❑X No
For the record only for Corps Permit:
El Yes ❑9 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 0 No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑x No
2.
Project Information
2a.
Name of project:
Cresswind at Wesley Chapel
2b.
County:
Union
2c.
Nearest municipality / town:
Wesley Chapel
2d.
Subdivision name:
Cresswind at Wesley Chapel
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
see attached additional sheets
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑x Other, specify: Buyer under contract to purchase
4b. Name:
Mike McLendon
4c. Business name
(if applicable):
Kolter Homes, LLC
4d. Street address:
4807 PGA Blvd.
4e. City, state, zip:
Palm Beach Gardens, FL 33418
4f. Telephone no.:
704.891.6004
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Perry Isner
5b. Business name
(if applicable):
Wetlands & Waters, Inc.
5c. Street address:
328 East Broad Street, Suite D
5d. City, state, zip:
Statesville, NC 28677
5e. Telephone no.:
704.773.4239
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
06027007, 06009008
1 b. Site coordinates (in decimal degrees):
Latitude: 34.98746 Longitude:-80.66696
1 c. Property size:
292 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
East Fork Twelvemile Creek / Molly Branch
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
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:
Site consists of primarily agricultural and vacant, forested land. Two existing sanitary sewer outfalls are present on site. The general land use in the
vicinity of the project is primarily agricultural and residential.
3b. List the total estimated acreage of all existing wetlands on the property: 12
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential, age -restricted community in order to meet the growing need for housing of this type
in the region.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes the development and supporting infrastructure including stormwater facilities, utilities, parking, and amenities. Typical earth
moving equipment will be utilized, including but not limited to excavator, pan, bulldozer, dump -truck, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall riot phases)in the past?
X❑ Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Perry Isner
Agency/Consultant Company: W&W, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2019-001154 (see attached).
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes X❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes 0 No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
x❑ Wetlands x❑ 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.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 A T
Land Clearing
Bottomland Hardwood Forest
Yes
Corps
0.02
W1 T
Excavation
Bottomland Hardwood Forest
Yes
Corps
0.022
W2 A T
Land Clearing
Bottomland Hardwood Forest
Yes
Corps
0.026
W2 T
Excavation
Bottomland Hardwood Forest
Yes
Corps
0.022
W3 P
Fill
Hardwood Flat
Yes
DWQ
0.09
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.18
2h. Comments:
Temporary construction easement will be allowed to re -naturalized following construction. 20' permanent easement will be permanently maintained,
however existing grades will be restored with stockpiled materials so that no loss of wetlands occurs. Impact W3 determined to be isolated per
attached Jurisdictional Determination. Included for notification purposes only.
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 A T
Pump -around
East Fork Twelvemile
PER
Corps
15
5
S1 T
Open -cut sewer
East Fork Twelvemile
PER
Corps
15
30
S2 A T
Pump -around
LIT to E.F. Twelvemile
INT
Corps
3
5
S2 T
Open -cut sewer
LIT to E.F. Twelvemile
INT
Corps
3
30
Choose one
Choose one
3h. Total stream and tributary impacts
70
3i. Comments:
Temporary pump -around will be utilized immediately upstream of proposed open -cut installation such that work can be done in the dry and aquatic
function is maintained.
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
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
n/a
Fill
Pond
0.13
02
Choose one
Choose
03
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
0.13
4g. Comments: Isolated pond per attached Jurisdictional Determination. Included for notification purposes only.
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:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
131
Yes/No
62
Yes/No
B3
Yes/No
B4
Yes/No
135
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project has been designed such that no permanent impacts to jurisdictional Waters of the US are necessary. Temporary impacts are only required in
order to tie into existing sanitary sewer facilities. Crossing locations have been chose in narrow portions of existing wetlands at near perpendicular
angles in order to minimize impacts as much as possible.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project will be constructed under an approved sediment and erosion control plan in order to minimize risk of materials incidental to construction
activities being transported into downstream receiving waters.
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 ❑x 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
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
` 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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 x❑ 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
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes 0 No
within one of the NC Riparian Buffer Protection Rules?
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?
25 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project will adhere to Phase II stormwater requirements and includes construction of several large, permanent Stormwater Control Measures.
Stormwater
Management Plan will be under review by Union County.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Union County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Union County
X❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes g] No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has ,the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
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
x❑ 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
El 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
❑Yes
❑ No
letter.)
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
❑x No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
0 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
El Yes
❑X 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.
Project includes construction of sanitary sewer facilities to tie into existing on site systems.
Page 9 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: BBABA85F-8578-4222-8379-724D4F64B1D4
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑x Yes ❑ No
habitat?
5b. Have you checked with the t1SFWS concerning Endangered Species Act
❑ Yes No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program occurrences report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X 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 ❑x 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?
NC SHPO WebGIS service.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑x Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project will comply with FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?
FEMA National Flood Hazard Layer
Mike McLendon
oowalpna by: � '"
C11114 htttt.ln.oLaw
1/14/2020
ApplicanUAgent's Printed Name
Date
DBEB2MATpplicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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SCALE: HORZ.: 1" = 60'
VERT.: 1" = 6'
WESLEY CHAPEL
EXHIBIT:
WETLAND IMPACT #1 -PROFILE VIEW
CLIENT:
KOLTER HOMES
LOCATION: UNION COUNTY
DATE: 01.02.20 DRAWN BY: GL
JOB NUMBER: J-27842.0000 REVIEWED BY: MSK
SHEET: 3 OF 5
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WESLEY CHAPEL
EXHIBIT:
WETLAND IMPACT #2 - PROFILE VIEW
CLIENT:
KOLTER HOMES
LOCATION: UNION COUNTY
DATE: 01.02.20 DRAWN BY: GL
JOB NUMBER: J-27842.0000 REVIEWED BY: MSK
SHEET: 5 OF 5
SCALE: 1" = 60'
2+00 2+50
RUN 2
T THOMAS
HUTTON
1020 Euclid Avenue
Charlotte, NC 28203
www.thomasandhutton.com

PROPERTY OWNER NAMES/ADDRESSES
Ownership for Tax Parcel 06027007:
• Lovell Family III, LLC, a North Carolina limited liability company (as to a 67%
undivided interest), 1814 Farrow Drive, Rock Hill, SC 29732, Telephone: (803) 981-
2260, Email: krvs franksAvahoo.com
• Carley Gams Lovell (as to a 8.8% undivided interest), 7400 Turner Road, Henrico, VA
23231, Email: carleylovell(a).yahoo.com , Telephone: [phone]
• William Charles Lovell (as to a 8.8% undivided interest), 13004 Oak Creek Court,
Midlothian, VA 23114, ( Email: William. lovell87(a%email.com Telephone: (804) 387-
0628
• Kassi Brittain Sandifer (as to a 7.7% undivided interest), 762 S. Kings Grant Drive,
Columbia, SC 29209, Telephone: [phone], Email: kassi(cudmonison-law.com
• Krysten Gillette Franks (as to a 7.7% undivided interest), 1814 Farrow Drive, Rock Hill,
SC 29732, Telephone: [phone], Email: krys franks(dyvahoo.com
Ownership for Tax Parcel 06009008:
• Kassi Brittain Sandifer (as to a 1/4 undivided interest), 762 S. Kings Grant Drive,
Columbia, SC 29209, [phone], Email: kassi(c-vdmorrison-law.com
• Krysten Gillette Franks (as to a 1/4 undivided interest), 1814 Farrow Drive, Rock Hill,
SC 29732, [phone], Email: krvs franks(uvahoo.com
• South State Bank as successor to Park Sterling Bank by virtue of merger, Trustee of the
Lovell Trust under will for the benefit of William C. Lovell (as to a 1/4 undivided
interest), 4222 Cox Road, Glen Allen, VA 23060, Telephone: [phone], Attn:
Shannon Edwards, Email: Shannon. Edwards(d;SouthStateWealth.com
• Carley Gams Lovell (as to a 1/4 undivided interest), 7400 Turner Road, Henrico, VA
23231, Email: carleylovell(a),vahoo.com Telephone: [phone]
CHAR2\2157876v1

SAW-2019-01154
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01154 County: Union U.S.G.S. Quad: NC- Waxhaw
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Kolter Homes, LLC
B. Stevens
Address:
4807 PGA Boulevard
Palm Beach Gardens, FL 33418
Telephone Number:
704-897-6004
E-mail:
bstevensAkolter.com
Size (acres) 292 Nearest Town Monroe
Nearest Waterway East Fork Twelvemile Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 34.98746
Longitude:-80.66696
Location description: The review area is located on the west side of Potter Road: auoroximately 1.5 miles south of the
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands 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, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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, including wetlands 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, including wetlands 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, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands 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, including wetlandson 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, including wetlands 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.

SAW-2019-01154
® The waters, including wetlands 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 8/15/2019. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination 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 [phone] 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 Bryan Roden -Reynolds at 704-510-1440 or
bryan.roden-reynolds(i ,usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 10/8/2019.
D. Remarks: For the isolated wetland (Isolated Wetland 0.09 acres) there was no apparent hydrological
surface or subsurface connection observed in the field. LiDAR indicates the wetland is located in a
relatively higher area than confirmed downslope waters. The farm pond (Isolated Pond 0.13 acres)
appears to be constructed in high ground as a stock watering pond for previous agricultural activities.
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 10/19/2019.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

SAW-2019-01154 RODEN Digitally signed byRODEN
REYNOLDS.BRYAN.KEN N ETH.1263385574
Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 D'aie:2019.10.0809:59:58-04'00'
Date of JD: 10/8/2019 Expiration Date of JD:08/18/2024
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/Pp=l 36:4:0
Copy furnished:
Agent:
Wetlands and Waters
Perry Isner
Address:
4108 LB Proust Drive
Conover, NC 28613
Telephone Number:
704-773-4239
E-mail:
perry.isnerAgmail.com
Property Owner: Lovell Family Limited Partnership
Krvsten Gillette Franks
Address: P.O. Box 1567
Smithfield, NC 27577
Telephone Number: 803-981-2260
E-mail: krys franksaa,yahoo.com
Property Owner: Kassi Sandifer
Address: 762 S. Kines Grant Drive
Columbia, SC 29209
Telephone Number: 864-981-2260
E-mail: kassiAdmorrison-law.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
Applicant: Kolter Homes LLC, B. Stevens File Number: SAW-2019-01154 Date: 08/20/2019
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www usace armv mil/Missions/CivilWorks/RegulatorvProeramandPennits aWx
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 II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• 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 terns 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 II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• 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 II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
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: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM 15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 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: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 10/8/2019
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Kolter Homes, SAW-2019-01154
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located on the west side of Potter Road;
approximately 1.5 miles south of the intersection of Potter Road and Weddington Road. PINs: 06027007 and 06009008. Reference review
area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Printed Date of 06/27/2019.
State: NC County/parish/borough: Union City: Monroe
Center coordinates of site (lat/long in degree decimal format): Lat. 34.98746 , Long.-80.66696
Universal Transverse Mercator:
Name of nearest waterbody: East Fork Twelvemile Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03050103
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑Office (Desk) Determination. Date:
®Field Determination. Date(s): 08/14/2019
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):t
❑TNWs, including territorial seas
❑Wetlands adjacent to TNWs
®Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑Non-RPWs that flow directly or indirectly into TNWs
®Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
®Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
®Impoundments of jurisdictional waters
®Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: —8,900 linear feet, wide, and/or acres.
Wetlands: 12 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):3
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: The features on the attached vicinity map identified as 'isolated wetland' and 'isolated pond' lacked a
surface and/or subsurface hydrologic connection to other downslope jurisdictional aquatic resources. The isolated
wetland is within a topographic depression surrounded by uplands. The isolated farm pond is constructed entirely
within uplands.
SECTION III: CWA ANALYSIS
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

A: TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section HI.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1: TNW
Identify TNW:
Summarize rationale supporting determination:
Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody^ is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed 2.26 square miles
Drainage area: 2.26 square miles
Average annual rainfall: 48 inches
Average annual snowfall: 2 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick Listtributaries before entering TNW.
Project waters are 15-20river miles from TNW.
Project waters are 1 (or less)river miles from RPW.
Project waters are 10-15 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW': Molly Branch to East Fork Twelvemile Creek to Twelvemile Creek to Catawba River
Tributary stream order, if known: 2
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
°Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 15 feet
Average depth: 1 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
® Cobbles ® Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Banks exhibit moderate signs of erosion
Presence of run/riffle/pool complexes. Explain: Common
Tributary geometry: Meandering
Tributary gradient (approximate average slope): 2 %
(c) Flow:
Tributary provides for:Perennial
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: Perennial
Other information on duration and volume:
Surface flow is: Discrete and confined.Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
®OHWM6(check all indicators that apply):
®clear, natural line impressed on the bank
®changes in the character of soil
❑shelving
❑vegetation matted down, bent, or absent
❑leaf litter disturbed or washed away
❑sediment deposition
❑water staining
❑other (list):
❑ Discontinuous OHWM.' Explain:
❑ the presence of litter and debris
❑ destruction of terrestrial vegetation
❑ the presence of wrack line
® sediment sorting
® scour
❑ multiple observed or predicted flow events
❑ abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: []Mean High Water Mark indicated by:
❑oil or scum line along shore objects ❑ survey to available datum;
❑fine shell or debris deposits (foreshore) ❑ physical markings;
❑physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
[]tidal gauges
❑other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water color is clear with no odor; appears relatively clean
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): 100 feet
®Wetland fringe. Characteristics: some riparian wetlands in place
❑Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
7Ibid.

❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: 0.1-1.0 acres
Wetland type. Explain: Bottomland Hardwood forest and headwater
Wetland quality. Explain: Medium -High
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is:Ephemeral flow. Explain: Wetland surface water releases at higher rain events. Wetland flow parallel to
the floodplain and then into tributary
Surface flow is: Discrete
Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
® Directly abutting
® Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by benn/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 15-20river miles from TNW.
Project waters are 10-15 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 20 - 50-year floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Watershed contains some residential development but is primarily agricultural or
forested. Water quality appears to be relatively good.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width): 100 feet or wider
®Vegetation type/percent cover. Explain: Forested/100% cover
❑Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 11
Approximately 12 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres)
A 100 (N)
0.1
A200 (Y)
0.01
F1000 (Y)
1.35
F2000 (Y)
9.24
F3000 (Y)
1.08
Directly abuts? (Y/N)
Size (in acres)
B 100 (Y)
0.49
B200 (N)
0.16
B300 (Y)
0.003
B400 (Y) / B500 (Y)
0.27 / 0.04
B600 (Y) / B700 (Y)
0.19 / 0.58
Summarize overall biological, chemical and physical functions being performed:

C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
;1! Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: Wetland B500 and Wetland B600 displayed a surface hydrologic connection to downstream RPW.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs: linear feet, wide, Or acres.
❑Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: Lack of observed aquatic life; morphologic and hydrologic characteristics indicating features are dry
during certain periods of the year. Some features observed without continuous flowing water.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters:—8,9000 linear feet wide.
®Other non -wetland waters: 2.21 acres.
Identify type(s) of waters: Pond/open water
3� Non-RPWss that flow directly or indirectly into TNWs.
❑Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW
is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
'See Footnote # 3.

❑ Tributary waters: linear feet, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Observed surface/hydrologic connection between floodplain wetlands and perennial tributaries.
®Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Headwater wetland consolidates to form seasonal tributary and then loses discrete flow at
floodplain. Hydrologic connection is continuous.
Provide acreage estimates for jurisdictional wetlands in the review area: 12 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.16 acres.
61 Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
® Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
❑which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
❑Wetlands: acres.
F NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: For the isolated
wetland (Isolated Wetland 0.09 acres) there was no apparent hydrological surface or subsurface connection observed in
the field. LiDAR indicates the wetland is located in a relatively higher area than confirmed downslope waters. The farm
pond (Isolated Pond 0.13 acres) appears to be constructed in high ground as a stock watering pond for previous
agricultural activities.
®Other: (explain, if not covered above): Section II.B.2 above
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑Lakes/ponds: acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
❑Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
®Lakes/ponds: 0.13 acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
®Wetlands: 0.09 acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 1-7
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ 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: Figure 4, USGS Topo Quad (1:24,000 Waxhaw, NC)
® USDA Natural Resources Conservation Service Soil Survey. Citation: Figure 5, Soil Survey (Soil Survey of Union County)
® National wetlands inventory map(s). Cite name: Figure 6, National Wetland Inventory Map (USFWS NWI Mapper)
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps: Figure 7, FEMA Floodplain (FEMA FIRM Panel No. 5566 of 6602)
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 1, Vicinity Map (Open Street Map 2019), Figure 2, Approximate Depiction of
Waters and Wetlands (Dated 06/27/2019)
Or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify): Figure 3, County GIS (Union County GIS Layer)
B. ADDITIONAL COMMENTS TO SUPPORT JD: For the isolated wetland (Isolated Wetland 0.09 acres) there was no apparent
hydrological surface or subsurface connection observed in the field. LiDAR indicates the wetland is located in a relatively higher
area than confirmed downslope waters. The farm pond (Isolated Pond 0.13 acres) appears to be constructed in high ground as a
stock watering pond for previous agricultural activities.

East Fork
Twelvemile Ci
-3525 LF
Trib 5
-415 LF
Trib 4
-60 LF
'Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended
to be relied upon for exact location, dimensions, or orientation. All findings and assessments made
by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to
verification by the US Army Corps of Engineers and other appropriate state and local authorities.
Trib 3
—65 LF �T
�1 200 ft 1 N
Wetland
F100011100
-1.35 acres
Trib 2
~--1110 LF
Wetland
F2000/1400
-9.24 acres
Trib 1 I
-335 LF
Wetland A300
Pond A100 -0.01 acres
-2.21 acres
DF6
Isolated Welland
-0.09 acres
Wetland A100
-0.10 acres
Evaluation Area
- -
Isolated Pond
DFi � -0.13 acres
Trib 6
1
-200 LF
DF4 DF2
Trib 7
-995 LF
Wetland Trib 6 Wetland B100
DF3
tl
`
-0.58 acres -290 LF
ores �- -0 49 acres
F300
F300c
\\i
-1.08 acres
DF5 Linear
\i
Trib 9 Wetland B300
-445 LF -0.003 acres
\y
Wetland B400
` - i *",-- -0.27 acres
Molly Branch
-1630 LF
V P
WTLANDS
fa'�ATERS
Owner / Deve
City / County:
Tax PIN(s):
Wetland B600
-0.19 acres
Figure 2: Approximate Depiction
of Waters and Wetlands Let: 34.98746 Long:-80.66696
Wetland B500
-0.04 acres
Potter Road
Queen City Land
Wesley Chapel / Union County
06027007,06009008
Scale: Date: 06/27/19
graphic Revised Date: 08/15/19

Eon Roy Cooper, Governor
.;BM NC DEPARTMENT OF Susi Hamilton, Secretary
,10 MORON NATURAL AND CULTURAL RESOURCES
a •os Walter Clark, Director, Land and Water Stewardship
NCNHDE-8995
May 16, 2019
Meagan Jolly
Wetlands & Waters, Inc.
529 North Graham Street
Charlotte, NC 28202
RE: Potter Rd Queen City Land
Dear Meagan Jolly:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httos //www.fws.goy/off ces/Directory/istOffi s fm'�stat od = 7
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney butlerlcancdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
'r:EET 44-., 1H N('.:... ,,; S[.kACF CC k. P,n„f IAA, ',__•,7
ti OFC ) s. ' i _, FAX', I

Natural Heritage Element Occurrences,
Natural Areas, and Managed Areas Intersecting the Project Area
Potter Rd Queen City Land
May 16, 2019
NCNHDE-8995
Element Occurrences Documented Within Project Area
Taxonomic EO ID
gVee i i me Common Name
Last i ent
Accuracy Federal
State
Global
State
Group
Observation Occurrence
Status
Status
Rank
Rank
Date Rank
a
Freshwater 3346
Villosa constricta Notched Rainbow
1951-Pre H
3-Medium ---
Threatened
G3
S3
Bivalve
Freshwater 29551
Villosa delumbis Eastern Creekshell
2013-08-28 E
3-Medium ---
Significantly
G4
S4
Bivalve
Rare
Freshwater Fish1O412
Etheostoma collis Carolina Darter
2013-05-28 E
3-Medium ---
Special
G3
S3
Concern
Natural Areas Documented Within Project Area
Creek Aquatic
No Managed Areas Documented within the Project Area
C4 (Moderate)
Definitions and an explanation of status designations and codes can be found at Ii /ZocEibde,oltwreserve.org/content/help. Data query generated on May 16, 2019; source: NCNHP. o2 Apr 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Potter Rd Queen City
Land
May 16, 2019
NCN H DE-8995
Element Occurrences Documented
Within a One -mile Radius of the Project Area
st
Element
Accuracy
Federal ', e
Global ,
rvation Occurrence
Status tus
Rank
9
Date
Rank
Freshwater
3346
Villosa constricta Notched Rainbow
1951-Pre
H
3-Medium
--- Threatened
G3
S3
Bivalve
Freshwater
29551
Villosa delumbis Eastern Creekshell
2013-08-28
E
3-Medium
--- Significantly
G4
S4
Bivalve
Rare
Freshwater
115
Villosa vaughaniana Carolina Creekshell
2011-06-09
E
3-Medium
--- Endangered
G2G3
S3
Bivalve
Freshwater Fish1O412
Etheostoma collis Carolina Darter
2013-05-28
E
3-Medium
--- Special
G3
S3
Concern
Natural
30094
Mesic Mixed Hardwood---
2011-03-23
B
2-High
--- ---
G3G4
S4
Community
Forest (Piedmont
Subtype)
Natural
31126
Piedmont Alluvial ---
2011-03-23
AB
2-High
--- ---
G4
S4
Community
Forest
Vascular Plant
15141
Rhus michauxii Michaux's Sumac
1794-07-21
H
5-Very
Endangered Endangered
G2G3
S2
Low
Natural Areas Documented Within a One -mile Radius of the Project Area
CTB/Twelvemile Creek Aquatic Habitat IRS (General) C4 (Moderate)
East Fork Twelvemile Creek Floodplain R3 (High) C4 (Moderate)
Managed Areas Documented Within a One -mile Radius of the Project Area
Preservation Trust Fund Easement
Catawba Lands Conservancy Easement - Howey Frank Howey Private
Farm - Tract C
Definitions and an explanation of status designations and codes can be found at httos On nhd oat irry oro/ ont nt/h lo. Data query generated on May 16, 2019; source: NCNHP, Q2 Apr 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

NCNHDE-8995: Potter Rd Queen City Land
3 ey Chapel
ek
:,-JmmN rm
n
Ell
1
May 16, 2019
❑
Project Boundary
❑
Buffered Project Boundary
E]
NHP Natural Area (NHNA)
[]
Managed Area(MAREA)
Page 4 of 4
1:29,195
0 0.25 0.5 1 mi
0 0.4 0.8 16 km
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GAONPS, NRG , G—o .ION. W r NL. OrJw rance Se,, EsnW
Jen.
WTI . En, CNN. (lbq .1). (c) OW!ANdVVa, c kndkxs, and Ve GIS
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