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HomeMy WebLinkAbout20200663 Ver 1_401 Application_20200519Preliminary ORM Data Entry Fields for New Actions ACTION ID 4: SAW- SAW-2017-02383 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Secrest Commons Development 2. Work Type: ZPrivate ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Residential Housing Development 4. Property Owner / Applicant [PCN Form A3 or A41: MT Land 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Lowrys Environmental & Ecological Services, LLC - S. Paul Petitgout 6. Related Action ID Number(s) [PCN Form 135b]: N/A 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 34.9778-80.5745: M L King Boulevard, near the intersection of Waxhaw Highway (NC Hwy 75), Monroe, Union County, NC. 8. Project Location —Tax Parcel ID [PCN Form B l a] : 09321004 80; 09321004 90 9. Project Location — County [PCN Form A2b]: Union 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Monroe 11. Project Information — Nearest Waterbody [PCN Form 132a]: Bearskin Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin -Pee Dee/03040105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit 4 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ ❑Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20200663 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Nboresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Secrest Commons 1a. Who is the Primary Contact?* S. Paul Petitgout 1b. Primary Contact Email:* ppetitgout@gmail.com Date Submitted 5/19/2020 Nearest Body of Water Bearskin Creek (SIN: 13-17-36-6) Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 34.9778 A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project r Yes r No Longitude: -80.5745 Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (803)992-0910 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Secrest Commons DIMS Acceptance Letter.pdf 1h. Is the project located in any of NC's twe nty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? 4 Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: MT Land, LLC 2b. Deed book and page no.: DB 07444 PG 0646-0647 2c. Responsible party: Charles M. Myers 2d.Address Street Address 141 Providence Road Address Line 2 aty Charlotte Rbstal / Zip Code 28207 2e. Telephone Number: (704)778-6002 2g. Email Address:* char[es.n.myers@gmail.com State / Province / Region NC Country USA 2f. Fax Number: 310.05KB r Yes r No r Yes r No U 3. Applicant Information (if different from owner) 3a. Name: Charles N. Myers 3b. Business Name: MT Land, LLC 3c.Address Street Address 141 Providence Road Address tine 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28207 USA 3d. Telephone Number: 3e. Fax Number: (704)778-6002 3f. Email Address:* charles.n.myers@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: S. Paul Petitgout 4b. Business Name: Lowrys Environmental & Ecological Services, LLC 4c.Address Street Address 1823 Quinn Road Address Une 2 City Slate / Prmince / Fbgion Chester SC Fbstal / Zip Code Country 29706 USA 4d. Telephone Number: 4e. Fax Number: (803)992-0910 4f. Email Address:* ppetitgout@gmail.com Agent Authorization Letter* Signed_Agent Authorization form_Secrest Commons_02.13.2020.pdf 42.21 KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) Secrest Commons 1c. Nearest municipality/ town: Monroe, Union County, NC 2. Project Identification 2a. Property Identification Number: 2b. Property size: 09321004 80; 09321004 90 124 2c. Project Address Street Address Waxhaw Highway (NC Hwy75) near the intersection with M L King Boulevard Address Line 2 City Slate / Prmince / Fbgion Monroe NC Postal / Zip (ode Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Bearskin Creek (SIN: 13-17-36-6) 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050501 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* NC Land Cover Categories that generally occur on site: Cultivated Land Forest land - Mixed Deciduous -Coniferous Forest (oak -pine) Forest Land - Broadleaf Deciduous Forest (Bottomland and Wet Hardwood) NC Land Use Categories that occur on site: Agricultural Land — Cropland and Pasture — Row Crops Active Forest Management and Harvesting (Passively Managed Forest Stands) Water Bodies (Non -Used or Passively Used) Current Site Conditions The subject property is currently comprised of a majority of agricultural land (crop land). The forest cover varies between hardwoods that occur near the existing tributaries, flood plain/wetland areas, and mixed pine dominated stands on slightly higher elevations. The forest community is dominated by Sweetgum (Liquidambar styraciflua) and red maple (Acer rubrum), with some mixed oaks and loblolly pine (Pinus taeda). Jurisdictional waters of the US were classified according to USAGE guidance. The results of the jurisdictional determination investigation (completed by others) indicated that there were several jurisdictional streams present within the subject property. Streams T1, T2, T3, and T4 are all unnamed tributaries that drain to Bearskin Creek. All of these streams would be considered non -wetland waters of the US that are a part of the Yadkin -Pee Dee River Basin (HUC# 03040105)(USGS 1974). Jurisdictional wetlands were also located within the project area. Wetlands W1000, W1100, and W3000 are all adjacent to the Ur to Bearskin Creek (T1-Perennial). Wetland W2000 occurs at the head of the unnamed tributary T2 (Intermittent). Wetland W3100 occurs above the head of the unnamed tributary T3 (Intermittent). Wetland W4000 occurs near the unnamed tributary T4(Intermittent). 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Sheet 1 Topo.pdf 692.68KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Sheet 3 Soils.pdf 1.83MB 4f. List the total estimated acreage of all existing wetlands on the property: ±3 acres 4g. List the total estimated linear feet of all existing streams on the property: ±5,000 feet 4h. Explain the purpose of the proposed project:* The growth of the housing market in the greater Charlotte metropolitan area including Union County, has been enormous since the end of the "Great Recession." The demand for housing has skyrocketed since 2011. However, within the last quarter, inventories have been increasing, suggesting that the housing market may be growing more slowly than in years past. This slowing of growth has not translated into significant changes in demand, even with the onset of the Covid-19 Pandemic. Currently, demand is still strong in the eastern portion of the greater Charlotte metropolitan area. With this in mind, the applicant proposes to construct a ±124-acre single family residential development. The overall purpose of the project is to provide additional housing to meet the growing needs of this area of Union County and the greater Charlotte Metropolitan area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project consists the following impact: Impact #1 consists of the placement of fill for a road crossing across a 0.13-acre wetland area. This road fill will affect approbmately 60 percent of the wetland. The remaining 40 % of the wetland area is proposed to be be filled also. This will create one lot. Although the filling of the area for the lot is beneficial for the development, the remaining wetland area, if left open would be degraded or eliminated completely by the grading and filling of the sub -watershed that feeds this wetland area. With the water source cut off from this wetland, it would no longer function properly. Therefore, the entire wetland area would be impacted by the proposed development. The filling of this remaining wetland area will aid the area by not trapping the runoff from adjacent areas and creating an open water ponded area that would have little or no function. Typical construction equipment will be used for this project. Those pieces of equipment include, but are not limited to: bulldozers, track hoes, dump trucks, etc. 4j. Please upload project drawings for the proposed project. 2818-Wetland_Stream Impacts (1).pdf 1.72MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2017-02383 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Wetlands & Waters Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR 02/06/2019 5d1. Jurisdictional determination upload SAW-2017-02383 MT Land, Secrest Commons (Preliminary Jurisdictional Dete....pdf 1.15MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? None anticipated D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers r Open Waters F Pond Construction 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason(?) 2b. Impact type * M 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Impact Jurisdicition*(?)]2g. area* 1 Fill P Forest W3100 Yes Both 0.130 ��alwater (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.130 2h. Comments: 2g. Total Permanent Wetland Impact 0.130 E. Impact Justification and Mitigation U 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project consists one impact where a small wetland (0.13-acre) that will be filled for a road crossing (and lot). This road fill will affect appro>mately 60 percent of the wetland. The remaining 40 % of the wetland area is proposed to be be filled also. This will create one lot. Although the filling of the area for the lot is beneficial for the development, the remaining wetland area, if left open would be degraded or eliminated completely by the grading and filling of the sub -watershed that feeds this wetland area. With the ureter source cut off from this wetland, it would no longer function properly. Therefore, the entire wetland area would be impacted by the proposed development. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The site was designed to minimize impacts to the greatest e)dent practicable. There is a single impact that consists of 0.13-acre of fill associated with a road crossing and subsequent lot fill which will occur because the wetland will no longer function due to its water source being developed above the wetland. This 0.13-acre impact represents appropmately 4 percent of the wetland area located on site. The remaining 96 percent (appro)dmately 3- acres) will not be impacted by the project. Additionally, there are no stream impacts proposed for this site. All ±5,000 linear feet of stream present on the site will not be impacted by the project. The avoidance and minimization of these areas was made possible by utilizing engineering designs to avoid grading disturbances in these sensitive areas. 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): P DWR fJ Corps 2d. If yes, which mitigation option(s) will be used for this project? F Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments Requested 0.13-acre from NC Division of Mitigation Services. Approval letter attached. 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.13 acre 4g. Coastal (tidal) wetland mitigation requested: (acres) 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: This project occurs in an area that is not subject to the NC Riparian Buffer Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r NtA- project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs rJ Phase II r NSW P USMP r' Water Supply Please identify which local government stormwater program you are using. City of Monroe, NC Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) land? r Yes r No u 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes f• No 3b. If you answered "no," provide a short narrative description. This commercial development is a single and complete project that has been master -planned, so all reasonably anticipated impacts have already been accounted for in this permit application. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage disposal will be handled by the City of Monroe. We are unsure of capacity of the facility that will receive the discharged wastewater, but will request info from the City of Monroe (if needed). 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Database Search USFWS - Northern Long -Eared Bat Watershed Maps USFWS - Union County List Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA-National Marine Fisheries Service Essential Fish Habitat Mapper 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO Website (HPOWEB 2.0), however the archaeological component is not viewable by the public. Based on our review of HPO WEB 2.0, no listed resources with historic significance were located on the subject property. However, there is a portion of a National Register Historic District located adjacent to the development (UN0501 - Waxhaw-Weddington Roads Historic District) that contains 5 historic structures (The OP Heath House (UN0457); the Robert B Redwine House (UN0500); the Edward Crow House (UN0496); the Crowds Nest (UN0498); and the Redwine Tenant House (UN0499). The permittee has included a vegetated buffer area (appro>amately 100 feet wide) that will separate the development area from the historic district. This buffer area will help protect the viewshed from the portion of the historic district adjacent to the development. Additionally, there are 5 other designated entities within a 0.5-mile radius of the site. Those include: the John R Welsh House (UN0589); the Houses (UN0588); the Thomas Gordon House (UN0587); the N W Tharpe House (UN0599); and the Dr. B C Readfearn House (UN0600). 7c. Historic or Prehistoric Information Upload HPOWEB 2 - Secrest Commons.pdf 771.37KB UN0501 (3).pdf 2.44MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM Panels 3710542500J & 3710542400J (both effective 10/16/2008). We have included 2 FEMA Firmettes to show the project area. A portion of the western portion of the site does contain a small amount of floodplain area (Zone AE). However, this area will not be impacted as a part of the development. Miscellaneous U Comments Miscellaneous attachments not previously requested. Deed.pdf 82.73KB FIRMETTE_Secrest Commons.pdf 401.16KB FIRMETTE_Secrest Commons2.pdf 417.44KB Parcel Report.pdf 84.64KB Parcel Report2.pdf 64.42KB Preliminary ORM Data Entry Fields for New Actions -Secrest Commons.pdf 35.6KB Sheet 2 Aerial.pdf 916.77KB Sheet 4 NWl.pdf 1.38MB NC WAM Rating Calculator v4.1+ Secrest Commons_ Wetland W3100.pdf 326.66KB Signature U 17 By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: S. Paul Petitgout Signature aj° �trcxL�je� Date 5/19/2020 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Charles Myers MT Land, LLC 141 Providence Road Charlotte, NC 28207 "N QUAM`1111�/ NORTH CAROLINA Environmental Quality March 12, 2020 Expiration of Acceptance: 9/12/2020 Project: Secrest Commons County: Union 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 (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.13 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Paul Petitgout, agent Sincerely, FOR James. B Stanfill Asset Management Supervisor NORTH CARo ND_EQ�� oeparlment of Environmental Duali North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 PROJECT NAME: SECREST COMMONS DEVELOPMENT PARCEL ID: 09321004 80 & 09321004 90 PROJECT STREET ADDRESS: WAXHAW HIGHWAY, MONROE, UNION COUNTY, NC AGENT AUTHORIZATION FORM PROPERTY OWNER: MT Land PROPERTY OWNER'S ADDRESS: 141 Providence Road Charlotte, NC 28207 PROPERTY OWNER'S EMAIL,/PHONE: C` ,,-b , Vl , b'1'1+..!lei&f �/}�1 % rt t e_c4,4 -7 The undersigned, registered property owner(s) of the above noted property, do hereby authorize S. Paul Petiteout, of Lowrvs Environmental & Ecological Services, LLC, (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this Jurisdictional Determination, Permit or Certification and any and all standard and special conditions attached. AUTHORIZED SIGNATURE: DATE: RIGHT OF ENTRY AUTHORIZATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/or NC Division of Water Resources (NCDWR) to enter upon the property herein described (accompanied by the authorized agent) for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination and/or permit pursuant to Section 404/401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. I hereby certify the above information submitted in this jurisdictional determination/application is true and accurate to the best of our knowledge. PROPERTY OWNER: MT Land PROPERTY OWNER' S ADDRESS: 141 Providence Road Charlotte, NC 28207 PROPERTY OWNER'S EMAIL,/PHONE:I AUTHORIZED SIGNATURE: DATE: 2- — i'--� m SO 4p AV E � A n 14Q- <pTj AA�ON 5 (J PEE NRT L7R ,p d GOL MINE-RD KING E 6Op� 'i o ¢h J q LYDI. S Sn/ PHIF6R ST _x Q�ooa RMN �S�LN ' � 600 SCE N = 0 ST fA 0 00 1 CE,HORLFEis �p��� Secrest Commons Development a ±124-acres � o s � mr Tp z r UACKSp ST z 84 � I CRo EW iI- sr 75 � rW�FRAfS LKLK 1SS ST N ¢ S C � LO �/i/WINDSOAST C` AVE a 5 z � P - o b � t LExw�roN r 0 � 650 O Hq 200 <Q eJ 6Sp L Wand ' o y morial m P. rk Ce a La Lan 5 Co a Memonal CQ Park J Gy �P� �= Nf1NLE _pR R gD 0 0 -� '� � fDRE57NlL'_sDR � BUCK -HI L RD Ph / 650 Secrest Commons Development OWavERLY ON 0 1,000 2,000 PR Feet O 1 inch equals 2,000 feet Source: USGS Monroe, NG (2019) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. "� Q Secrest Commons Development Lowrys Environmental 8� City of Monroe, Union County, North Carolina USGS 1:24,000 Topographic Map Ecological Services, LLC Drawn By: SPP Date: 3-2-20 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:24,000 Sheet: 1 803-992-0910 Secrest Commons Development ►,.4 ;' ` ' " .' :' - - ±124-acres f Secrest Commons Development 0 500 1,000 Feet 1 inch equals 1,000 feet Source: Union County, NC GIS (2020) '•0,; y, , -""4, _ y Disclaimer The information depicted on this figure is for ' -� informational purposes only and was not prepared for, and •' is not suitable for legal or engineering purposes. Secrest Commons Development City of Monroe, Union County, North Carolina Aerial Photograph Map Drawn By: SPP Date: 3-2-20 Rev. Project Mgr. SPP Scale: 1:12,000 Sheet: 2 Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 SOILS LEGEND CmB Cid Channery Silt Loam 1-5% Slope GsB Goldston-Badin Complex 2-8% Slope TbB2 Tarrus Gravelly Silty Clay Loam 2-8% Slope Secrest Commons Development Ad ±124-acres i 1i�'AU----- WC11111al PaB Secrest Commons Development 0 500 1,000 Feet 1 inch equals 1,000 feet Source: USDA NRCS Web Soil Survey (2020) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Secrest Commons Development City of Monroe, Union County, North Carolina USDA NRCS Soils Map Drawn By: SPP Date: 3-2-20 Rev. Project Mgr. SPP Scale: 1:12,000 Sheet: 3 F ral INA ,Eon Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 1'1`N I A N 1[Allll'I' •L k4'M I- U.S. Fish and Wildlife Service National Wetlands Inventor Wetlands Wetlands ❑ Freshwater Emergent Wetland 0 Lake ❑ Estuarine and Marine Deepwater ❑ Freshwater Forested/Shrub Wetland ❑ Other JW Estuarine and Marine Wetland U Freshwater Pond Riverine Secrest Commons Development Scale: As Shown Source: USFWS NWI Mapper(2020) Disclaimer: The information depicted on this figure is for informafional purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Secrest Commons Development Lowrys Environmental 8� City of Monroe, Union County, North Carolina USFWS National Wetlands Inventory Map Ecological Services, LLC Drawn By: SPP Date: 3-2-20 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: As Shown Sheet: 4 803-992-0910 IMPACT #1 PLAN VIEW - WETLAND WETLANDS IMPACTS (THIS VIEW): 0.13 AC. (5,662.8 SQFT) STREAM IMPACTS (THIS VIEW): 0.00 LF Secrest Commons Union County - City of Monroe, North Carolina 29, -50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. ♦ Joe Engineering Planning ♦ ♦ 1 Associates, Excise Tax $2,232.00 Parcel Identifier No. 0932100490 (Union County) Recording Time, Book and Page FILED UNION COUNTY, NC CRYSTAL D. GILLIARD REGISTER OF DEEDS FILED Aug 20, 2019 AT 03:52 pm BOOK 07444 START PAGE 0646 END PAGE 0647 INSTRUMENT # 24692 EXCISE TAX $2.232.00 CpG Mail after recording to: Christopher F. Brislin, Post Office Drawer 36250, Rock Hill, SC 29732 This instrument was prepared by: A. Stuart McKaig 1I1, 219 Greenwich Road, Charlotte, NC 28211 Brief description for the Index: 122.976 ac. Waxhaw Highway NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this &IKIMY of August, 2019, by and between 14W.A.M SECREST DRUG COMPANY, a NC corporation 4214 Doster Road Monroe, NC 28112 GRANTEE: MT LAND, LLC, a NC limited liability company 141 Providence Road Charlotte, NC 28207 Enter in appropriate block far each parry: name address, and, if appropriate, character of entity, e.q. 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 Monroe, Township, Union County, North Carolina and more particularly described as follows: All that certain tract of land lying in Monroe Township, Union County, North Carolina, being shown and designated as Tract 1, containing 102.385 acres, more or less, and Tract 2, containing 20.59, more or less, on Annexation Plat entitled "Annexation of 122.976 Acres of the Secrest Drug Company Inc. Property," prepared by Metrolina Engineering & Associates dated October 30, 2017 and recorded as Plat Cab O, File 162, 163 & 164, in the office of the Register of Deeds for Union County, North Carolina, reference to said plat is hereby made for a more particular description of the premises. 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 except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: All valid and enforceable easements, covenants, conditions and restrictions of record, and 2019 ad valorem taxes, which Grantee assumes and indemnifies Grantor against any liability therefore. IN WITNESS WHEREOF, Grantor has hereunto set his or her hand and seal, or if an entity, has caused this instrument to be signed in its name in the ordinary course of business of the entity by its duly authorized officer, or Member and/or Manager, or partner and/or limited partner, the day and year first above written. SECREST DRUG COMPANY�� By: Mary He n Treece, President (Corporate Seal) STATE OF NORTH CAROLINA COU11UY OF MECKLENBURG I, to s et AA& *. t. m a Notary Public for the above stated County and State, certify that MARY HELEN TREECE personally cam efore me this day and acknowledged that she is President of SECREST DRUG COMPANY, a North Carolina corporation, and that she, as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official seal, this the /'T'day of August, 2019. ,f.�ioCaQi�y,iV y. J Notary Public � �YY d e-r fmL kR +I Jz Print +, 15 My Commission Expires: National Flood Hazard Layer FIRMette 34°58'53.03"N !?M .tv �JI i 4W W�—� v �*7 ■ II USG;S TWNation& A .0 nnn ��• 1 .v7vvv 0 250 500 1,000 1,500 2,000 O FEMA Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT KA IC Without Base Flood Elevation (BFE) Zone A. V. A99 SPECIAL FLOOD With BFE or Depth zone AE, AD, AH, VE, AR HAZARD AREAS Regulatory Floodway 0.2%Annual Chance Flood Hazard, Areas of 1%annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x wI Future Conditions 1%Annual Chance Flood Hazard zone x pr Area with Reduced Flood Risk due to THER AREAS OF Levee. See Notes. zone x FLOOD HAZARD 'or� Area with Flood Risk due to Leveezono D NO SCREEN Area of Minimal Flood Hazard zone x Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone D GENERAL ---- Channel, Culvert, or Storm Sewer STRUCTURES I I I I I I I Levee, Dike, or Floodwall e xo.s Cross Sections with 1%Annual Chance 17•5 Water Surface Elevation o- - - Coastal Transect —513— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS ® Unmapped 9 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 3/3/2020 at 7:47:14 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. National Flood Hazard Layer FI RMette O FEMA Legend 34°59' 1.31 "N 0 250 500 1,000 1,500 2,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zone A, "A99 SPECIAL FLOOD With BFE or Depth Zone AE, AD, AH, VE, AR HAZARD AREAS Regulatory Floodway 0.2%Annual Chance Flood Hazard, Areas of 1%annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x wI Future Conditions 1%Annual Chance Flood Hazard zone x pr Area with Reduced Flood Risk due to ITHER AREAS OF Levee. See Notes. zone x FLOOD HAZARD Area with Flood Risk due to Leveezono D NO SCREEN Area of Minimal Flood Hazard zone x Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone D GENERAL ---- Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall e xo.s Cross Sections with 1%Annual Chance 17•5 Water Surface Elevation o- — — Coastal Transect —513— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS ® Unmapped 9 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 5/19/2020 at 10:13:24 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. 5/19/2020 Parcel Report Parcel Number 09321004 90 Owner MT LAND LLC Mailing Address 141 PROVIDENCE RD CHARLOTTE NC , 28207 Account Information Land Value $636,500.00 Building Value $26,600.00 Description OPCO162 PLUS 1.56 AC. 90=121.397/122.976 AC. Total Value $663,100.00 Situs Address 0 WAXHAW HWY Acreage 121.3970 Property Class RESIDENTIAL Sales Information Sale Date Sale Amount Book & Page Grantor 08/20/2019 $1,116,000.00 7444 646 SECREST DRUG CO INC Location Information Municipal Union County 12 Mile Service Area No Administration County Zoning Code CITY School School Assignment Information Zoning Administration Monroe Census Tract Number 205.01 ETJ FEMA Panel 5435,5424,5425 Fire District Springs FEMA Zone AE,0.2% Annual Chance Soils TbB2,GsB,CmB,BaC,BaB,BuB Building Information Total Living Area 0 Improvement Type Year Build 0 District Voting Assignments (Jurisdictions) Polling Place Mt. Carmel United School District 3 Congressional 8 Methodist Church District Precinct District #7 State House 55 Senate 35 District gis-web.unioncountync.gov//gomaps/Reports/UserDefined/parcelReport.cfm?objectids=15634632&bbox=-8970561.577229165,4159773.176266336,-... 1 /1 61Mlf IN11 Parcel Report Parcel Number 09321004 80 Owner MT LAND LLC Mailing Address 141 PROVIDENCE RD CHARLOTTE NC , 28207 l� yw �rankli�t5t f x F ■ w Account Information Land Value $15,000.00 Building Value $0.00 Description OPCO162 MINUS 1.56A 80=3.139/122.976A Total Value $15,000.00 Situs Address 0 WAXHAW HWY Acreage 122.9760 Property Class UNBUILDABLE Sales Information Sale Date Sale Amount Book & Page Grantor 08/20/2019 $1,116,000.00 7444 646 SECREST DRUG CO INC Location Information Municipal p Union County 12 Mile Service Area No Administration County Zoning Code CITY School School Assignment Information Zoning Administration Monroe Census Tract Number 205.01 ETJ FEMA Panel 5425 Fire District Springs FEMA Zone AE,0.2% Annual Chance Soils TbB2, GsB Building Information Total Living Area 0 Improvement Type Year Build 0 District Voting Assignments (Jurisdictions) Polling Place Mt. Carmel United School District Methodist Church Precinct District #7 State House 3 Congressional 8 District 55 Senate 35 District gis-web.unioncountync.gov//gomaps/Reports/UserDefined/parcelReport.cfm?objectids=15634631 &bbox=-8969196.73032806,4161264.92055289,-89... 1 /1 4/21/2020 HPOWEB 2.0 cal •'�� L.I PO�' Find address/historic resource Q ... a` 1 2.0 Audience' Gsr"P��ch [2]u �1C rn p• ► Dickerson Park or S t� nsion 3 - v] rs h V � �zu 5t a_ r 2 jar_Kgorr St Weddington Rd C R U N 0a01 INAXNA"l-WED DI TLn ROADJ�ISTORIC DISTRIt= IaIJO4�+�1FRcd�v[ne TenanE hoU�e c�R � ■ Ssfc Dr cn uy m r a 4d T D n G7 AVc ci o ^ ❑�jSRa aCO3nd w Syca crest' c Sr ss ' N °'�r 5 Ou Vie �f�?tch r 7Dr o a Piz 1riS3 O r�i� ��a� • 2J9 �exingLOs1 A� e ? � (�� ❑ �brel�Way R oO, O c tLay r tie �s O Gamma 44 � ' a Ro � ` ant Andra10y 1 r -80.564475 34.979011 Degrees q °v4,, r Gate 0.2mi https://www.arcgis.com/apps/webappviewer/index.html?id=79ea671 ebdco45639fO860257d5f5ed7&center=-8805200,4311130,102100&scale=18056514 1 /1