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Home My WebLink About20200255 Ver 2_Winterlake PCN 081220_Compiled_20200813Preliminary ORM Data Entry Fields for New Actions WEPGWetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2019 - 00967 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Wlnterlake Drive site 2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: PCN for safety upgrades to existing dam associated with a residential development 4. Property Owner / Applicant [PCN Form A3 or A4]: ,JP Development Group (Applicant) 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.2302 N/-81.1654W - Intersection of Elam Street & Winterlake Drive, Gastonia, NC 8. Project Location - Tax Parcel ID [PCN Form 61a]: Numerous parcels - tax parcel map attached 9. Project Location — County [PCN Form A2b]: Gaston 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Gastonia 11. Project Information — Nearest Waterbody [PCN Form 132a]: Catawba Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050101 Catawba Authorization: Section 10 ❑ Section 404 W1 Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 3 ❑ Regional General Permit # ❑ Jurisdictional Determination Request R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. August 12, 2020 Ms. Krysta Stygar U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive, Charlotte, NC 28262 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Subiect: Pre -Construction Notification for NWP #3 for the 19.2-acre the Winterlake Drive site, Gastonia, Gaston County, North Carolina Ms. Stygar, and Messrs. Johnson, Wojoski and Hamstead, Enclosed is a Request for Nationwide Permit #3 for the Winterlake Drive site on 19.2 acres east of Union Road, near the intersection of Elam Street and Winterlake Drive in Gastonia, NC. The site is a proposed residential development and consists of four streams, three wetlands, and one open water pond. A Preliminary Determination request was previously submitted and approved by USACE (Catherine Janiczak) on 7/10/2019. Please refer to the Jurisdictional Determination section for updated information on onsite surface waters. A subsequent Preconstruction Notification for a Nationwide Permit #29 was approved on 3/22/2020. This permit is limited to a dam improvement in the northeast portion of the site to meet safety requirements. As shown on the attached exhibits, the proposed project will include impacts to Pond A, Stream I, and Wetlands F and E for fill associated with dam upgrades. Overall impacts to site surface waters associated with the upgrades were limited through design of the upgrade. It was not possible to minimize impacts further due to design and layout requirements, but efforts were made to shorten the total length of the impact, and all the impacts are related to adhering to dam safety standards. The total permanent impacts include 0.016 acres to Pond A, 59 linear feet to Stream I, 0.003 acres to Wetland E, and 0.011 to Wetland F. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Efforts of impact minimization were implemented during the design to preserve the existing hydrology and limit adverse effects to existing, onsite natural habitat. Under the NWP 29, the road crossing was designed to be as narrow as possible with 2:1 slopes, baffles were used within the culvert to aid in the accumulation and retention of natural substrate, and rip rap installed to armor the banks below the road crossing will be placed above the OHWM and will not require additional impacts. A French drain was installed upslope of Wetland D to maintain hydrology. Utility crossings were bored to avoid additional impacts, as well. The impacts in the attached permit application are restricted to dam safety upgrades that are important for integrity of the dam. The spillway is sloped to maximum grade to shorten the impact length while maintaining appropriate dam design. Overall, the applicant has demonstrated substantial avoidance and minimization efforts in which 85% of the 1,015 linear feet of stream channel onsite will be avoided. Please refer to the exhibits for additional details on design modifications associated with proposed avoidance and minimization efforts. Cumulative permanent impacts include the previously permitted 0.066 acres to Wetland D and 82 linear feet to Stream C, resulting in total impacts of 0.08 acres of wetland and 141 linear feet of stream. Due to the limited cumulative impacts, no compensatory mitigation is proposed. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (704)999-5279 or email at heath. caldwell@wetlands-epg.com. Sincerely, �qaav ',�fw Heath Caldwell, PWS Environmental Scientist Len Rindner, PWS Principal Permit Application w a rZ'�Qc qJ � Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑?C 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: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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 ❑?t No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes 0 No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Winterlake Drive (Phase 2) 2b. County: Gaston 2c. Nearest municipality 1 town: Gastonia 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: JM Gunter Family Trust 3b. Deed Book and Page No. please refer to attached parcel map 3c. Responsible Party (for LLC if applicable): Roberta Gunter 3d. Street address: 113 Patrick Street 3e. City, state, zip: Gastonia,NC, 28054 3f. Telephone no.: 704-864-6828 3g. Fax no.: 3h. Email address: lemmondaid37@gmail.com / scott@garner-brown.com 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: Developer 4b. Name: Thomas Pearson 4c. Business name (if applicable): J P Development Group 4d. Street address: 4301 Fairview Oaks Drive 4e. City, state, zip: Charlotte, NC 28217 4f. Telephone no.: 704-617-7200 4g. Fax no.: 4h. Email address: tdpearson@bellsouth.net 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Leonard S. Rindner, PLLC -Wetlands & Environmental Planning Group 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28227 5e. Telephone no.: 704-999-5279 5f. Fax no.: 5g. Email address: heath.caldwell@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): please see attached parcel map 1b. Site coordinates (in decimal degrees): Latitude: 35.2302 Longitude:-81.1654 1 c. Property size: 19.2 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Catawba Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: 03050101 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: The entire site is wooded; there is a disturbed pine dominated forest on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwood forest community. 3b. List the total estimated acreage of all existing wetlands on the property: 0A 55 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,015 3d. Explain the purpose of the proposed project: Update existing dam to comply with safety requirements 3e. Describe the overall project in detail, including the type of equipment to be used: Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property ! project(including all prior hoses in thepast? ❑X Yes ❑ No ❑ Unknown Comments: See comment below 4b. If the Corps made the jurisdictional determination, what type of determination was made? preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The site was field -verified by USACE (Catherine Janiczak) on 7110119. A copy of the signed Notification of Jurisdictional Determination (PJD) is attached. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. & Future Project Plans 6a. Is this a phased project? QYes ❑ 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 ❑X 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. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or IJWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.003 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.011 W3 Choose one Choose one Yes/No W4 Choose one Choose one YeslNo W5 Choose one Choose one Yes/No - W6 Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.014 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact Fill 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Stream I PER DWQ 3 59 S2 - Choose one - - S3 - Choose one - - S4 Choose one S5 Choose one - S6 Choose one 3h. Total stream and tributary impacts 59 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually 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 Pond A Choose one Pond 0.016 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.016 4g. Comments: 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 DWO) 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 B1 Yes/No B2 - Yes/No B3 Yes/No B4 - Yes/No B5 Yes/No B6 - YeslNo 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to site surface waters associated with the proposed dam upgrade +ere limited through location, design, & Iocationforientation of the proposed area and access routes. The spillway was sloped to maximum grade to shorten impact length to the stream, while maintaining appropriate dam design. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsiteladjacent offsite receiving conveyances. Work will be done from the existing dam berm or from side banks to limit the need for access fromfin surface 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 N❑ 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. fie. 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ No within one of the NC Riparian Buffer Protection Rules? 1b. 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? oho 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This phase is associated with safety upgrades to dam only. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is thisproject? ❑ 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 El Yes ❑X 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPAISEPA)? 1c. 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 (1 SA NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violations): 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. This application is the final phase of proposed construction onsite 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from Wastewater the proposed project, or available capacity of the subject facility. the be transported the treatment facility lines. generated on site will o nearest via sewer Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X 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? A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat but the project is exempt as noted in the T&E report in the previous application. 6. Essential Fish Habitat (Corps Requirement) 5a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No fib. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 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? SHPO's webs ite: http:llgis.ncdcr.govlhpowebl 8. Flood Zone Designation (Corps Requirement) 8a. Wi1I this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? GastonCounty GIS: www.fema.gov Daniel Digitally signed by Daniel Kuefler Daniel Kuefler, PWS for WEPG DN:cn—Daniel Kuefler, o—WEPG, ou, email—daniel.kuefler@wetlands- August 13, 2020 Kuefler Date: 2020.08..113 14:56:04-04'00' Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signa:ure is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wodands ivid Environmentat Pfarmin Allent Authorization Letter Leonard S.Rirdner_ phhC- The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Winterlake Drive site Property Address: Winterlake Drive /Elam Street, Gastonia, NC Parcel Identification Number (PIN): 3554367139, 3554366093, 3554366725, 3554352765, 3554259284, 3554350294, 3554352203,3554353222,3554354250 Select one: I am other Name: Thomas D. Pearson Company: J P Development Group, LLC Mailing Address: 4301 Fairview Oaks Drive, Charlotte, N. C. 282117 Telephone Number: 704-617-7200 Electronic Mail Address: tdpearson@bellsouth.net Property Buyer"' / Other' �e Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: w Nwe.wedands-epg.com Asheville Offac8: f 06I2-D Premvidence }fig, 1070 Tunnet Rd., Bldg, I PMF €50 suite t0, PM8 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 len.rindnerg ovvetlands-epg.com N _rd V) Q ►0 Maps/Plans 274 �a Gastonia f.7a 22, SITE South Gastonia Creed !e k 10 'se Hudson owd LmvL: 2445 Ci Ge, 0 R I V E R W I N D ��ya ct�e Ci 0,a abarr Or J0 ALDI 9 Spectrum19Cook Out Papa Johns Pizza o � PROJECT BOUNDARY STUDY LIMITS 2$ Malott', L+1 Qua +z5t)I LOCATION Lat: 35.2302 2N Long:-81.1654 2W HUC: 03050101 (Catawba) Acres: Winterlake Drive Prepared for: +/- 19.2 Gaston County, NC Wetlands and Environmental Planning Group FIGURE Pearson Land Corporation 05101118 VICINITY MAP Subject to USACE/NCDEQ verification ,. 90. Li `� �~41• a � r �-,7-Fd �- 1 tk'4 t S � F - `_. "• x r PROJECT BOUNDARY STUDY LIMITS +. r Focus Area ems. t •* I �'� e AF Lr- r r �. IF .1ti y 0 LOCATION Y%L Lat: 35.2302 9N Long:-81.1654 9W + HUC: 03050101 (Catawba) Acres: Winterlake Drive Prepared for: +/- 19.2 Gaston County, NC Wetlands and Environmental Planning Group FIGURE Leonard S. Rindner, PLLC. 2 AERIAL MAP Pearson Land Corporation 05/01/18 Subject to USACE/NCDEQ verification ,. •,. i /!x ft 1 ■ PROJECT BOUNDARY lot � STUDY LIMITS Focus Area N-1� n R.640 mill 11 ■ + ■ SCALE LOCATION �. USGS QUAD 1:24,000 Lat: 35.2302 9N Gastonia ACRES Long:-81.1654 9W South, NC 19.2 HUC: 03050101 (Catawba) ti ,ti r" Acres: Winterlake Drive Prepared for: IWFP +/- 19.2 Gaston County, INC Wetlands and Environmental Planning Group FIGURE Pearson Land Corporation Leonard S. 11indner, PLLC. 3 USGS MAP 05/01/18 Subject to USACE/NCDEQ verification ,. 90. ■ r - :; A. s Area r1 f k. fir r %r zA � wa yA�pB WeD .. 4 "iv A PROJECT BOUNDARY ter# STUDY ter• `N . Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. l e n. rin d n er@wet I an ds-ep g"t (704)904-2277 www.wetiands-epg.com Sail Map—Gastan County, North Carolina Map Unit Legend Map Unit Symbol Map Unit FIGURELeonard 4b +/- 19.2 Gaston County, NC Wetlands and Environmental Planning Group S. Rindner, PLLC. Pearson Land Corporation , . • , . 05/01/18 NRCS SOILS MAP - Legend Subject to USACE/NCDEQ verification Home Acres in AOI Percept of AOI Ap8 Applirig sandy loam. I to percent slopes 22.4 44.$°% CfB Cecil -Urban land complex, 2 to 8 percent slopes 10.3 24_B°�O PaE Pacaletsandy loam, 15 4a 25 percent stapes 3.4 6.8°!O 'A, Water 1.1 2.39fi ',14re❑ Wedowee sandy loam, o to 15 percent slopes 12.8 25.2°�6 Vtrar, Worsham loam, 0 to 2 percent slopes 0.2 0.39fi Totals for Area of Interest 50.0 7DI7.0°l0 t # Jo. _ 4 � � i ` ri • •� �Nb(41 Qt61y a �l r1a2.•' a use F Focus Are r r A i 13 - •• I i_ C f F1 PROJECT BOUNDARY W ro STUDY LIMITS - rH CtB • f APB { ' G Acres: Winterlake Drive Prepared for: +/- 19.2 Gaston County, NC Wetland, and Environmental Planning Group FIGURE Leonard S. Rindner, PLLC. 5 SOILS MANUSCRIPT MAP Pearson Land Corporation 05/01/18 Subject to USACE/NCDEQ verification ,. •,. % r' M f I PROJECTSTUDYLIIM TSARY Focus Area All parcels within Project Boundary Study Limits now or formerly registered to: JM Gunter Family Trust & Windley Family Trust 113 Patrick Street Gastonia. NC. 28054 Parce■D: 3554367139 D:3554366093 Parcel ID: 3554366725 Parcel ID: 3554352765 .ice T (.Parcel ID: 3554259284 Parcel ID: 3554350294 I Parcel ID: 3554352203 Parcel ID: 3554353222 LOCATION Lat: 35.2302 °N r�) Parcel ID: 3554354250 Long:-81.1654 °W HUC: 03050101(Catawba) Acres: Winterlake Drive Prepared for: +/-19.2 Gaston County, NC Wetlands and Environmental Planning Group FIGURE 6 TAX PARCEL MAP Pearson Land Corporation Leonard S. Rindner, PLLC. 05/01/18 Subject to USACE/NCDEQ verification , . • , . MCIN1TY MAP ,p •. . . -- _ - 1'+ - - NO SCALE 0�,,-L 14 r !r lrlrllr♦:'!''fi/ry" ,. �.. `.}�`,ll s ��, f+ titi ',v.vN• t _ r•i` 5 1 , + Y 5 T 9EARNGS BhSW ON IV E xC Caem(N!m ea) _ • r, r PF..R OPUS STA sEss10N • 1 _� -" � a� - _ _ r ��' � -- y ` _��'.-'` �.�, r F ' / , 's ..� �, PP.RENNSAL j I � • _ vi + � _� � � r l • ' f ` r r / �'v ,�, �a ` S7•REAM F[ + - ' ' � ! + !+! ' . ! !•� �__-f- -` -_-� r.r r �f 1+ r � i ! / , t �' 1 ', 70,37 LF. \ �, li • �r i, 0 0.004 ACRE 11.•I I,51ti, L � �� V,"�-� 1 ril 1 , ! I Y�1 f •• � , � .. �.1 �:. •�,. � -_ �_ _--- _� 1 r i + ISTREAM [ �flir _, +f I+f f`s�r `N 164,44L.F.I,r ! fill !'....N, IA WETLAN\• =•'Y-�; `�_+ _:' __^��-i-~f=�'--,• fll •_ r. 7S0_ i .- fl � I I f rr,l,! � 1 r/I Y71..' � ! _ •0.024ACR8�- f' IwEn - - _--ti`.71 y` r s � +' - - [ d f , i I I,�r! - - i'1r•' '�J• r� _ , • r • V - .Y■lT M alll/lrl 1MY■T a ; • f f 7 f 1 +I . — - ,` 1 1 nlWFm■ , r ! ' r r err r� I +cs ncxrs-P -�1 ,r . _ _ . .�y ! III / rl - r , '• f � r Lr I r I r 0.073 ACRE+� _- _ 11 ! - LIIL - -r' ' rr� -.I i III '` ' ! 1 C _ , 1, 'f 1 r• 330,49 L.F. f • N. rrr--'r, _ ,`• , `1 0.022ACRE -- /• i r r , . �rl.r l,, _`--__' Mar T ■ r + r f r , @ ;l�`y• - am Jam'- � _ _ _. N��L .. � �, , _ r - � �`• !{,` !• ^i ._$�� 'a`� �TL �. -.`� _ - ! ! III ; �- I •`x 1`fE[.M:_�li••+' . ' � !r! ! rr f' �, •l � ..�_�� ` - rr ` �\•� �`� r. r I - 1 11 i r' i . -_ - _ ' �. I , � . —_ _ _ - •, � �f; ',• `, GRAPHIC SCALE 200 0 100 200 100 + W FIRET y ! 1 inch = 300 !t SHEET TT�LE A"mErrNO. �+ �a G 71MG SM CONDI'!'IONU wOSsc 06 20 PROJECT WKp oMo er WDUADUAU POND CITY OF GASfGhvA GASWN COUNTY. N C. FOR: LAND !ON rrrm er YA:a�nvcc T■sus R Houz$, I>`ic. aMAr 0 , �1'l.apwwiwt - a 5rrrgir■l - BR�ir■afir■t mmaktµ I'lathtL qu*ln% M= ftl<■$ . Fw~!3 COaI>oa =34 x d,i -oapa "4bKlana 70CscaIX415 h] 1 6 VICINITY MAP �•,o . NO SCALE c wA �KOW ,y9 i-'l :�rri��ri�r •fi �:• r 1'�y, •+1 v `v `+ `+ j '�'1l lr rll1�i�f`�r N4 '•r .•.. !!'fr if �l,I-�,NIl�'r �'� '.L,��.La +`•AIL,,}+L VV 1 1.` +� 1 suefl ' eEuitics SASED ON W E G INNAO 83) _,y +p�,•µ !. ., 1.�`!f . PER Opus SWtc SESSION pKRFNMAL ?- 1 ' — __'� t f� 1 . r �� • • STREAM H • I r ti i . `tv f • .rr�• '��-r-_� ��f _ _ I 1 I r P6REMIIAI.STREAM 7137 L.F. BRACT SEEDWO4 ` •t •'� ,C. OA04 ACRE •, ° r _ . IL WETLAM[f BRACE _ r SEBDWG3 --MIDn 1.260 AC _ „! !• - cuss Hess '-' • ` _ f _ _ ..off v ' r 1 N e ! ll r �e - WG , 111 GRAPHIC SCALE i ►' ` sav ° 100 200 400 'S V { IN FEET I inch = 300 ft. SHEET TITLE PRaccz "a � OVER■�+11r� OF WACTS WINTERLAKE PO =300' SITE IMPERVIOUS AREA 28.01% 9fls/Ds/2D PROJECT ORAWN By WKO wMERLAM DJM PRDPJMff 0leacm .r CITY OP GASTONbt GASTON COUN91'Y. N.C. FOR EAR D CORPD r�ePrm m YAxa OUIUK-WILLU s t Hovis, brc. yPfas>,iss o Srrveyies 9 Ex slindarims NOS 7s0 :a . 0A O.A 1196 >rc cespnnte OEviaSa, Milk Ca b k 211M PMVIU. IfWth C-db.. 2E12r 114n x j earoum � 40iL6um 701 K! 0606{!u 1 2 6 PEREl INLkL. STREAM H 70.3 L.F. :004 ACRE I I , I I I PEPENNTAL STkEAM:' :1 164.49 L.F. WETI;AND II F , 0.021 ACRE 0' 024 ACRE. 4 Ir3C15TFN(G DAM A�1D SQILUWA 'r JUIRISDIC IIONAL WATERS OF THE U.S. AND WATERS OF THE STATE OF NORTH CAROLINA STREAM AREA (AC +/-J LENGTH {FT STREAM H 5TREAM 1 0.004 0.021 70.37 164.49 JURISDICTIONAL WATERS OF THE U.S. AND WATERS OF THE STATE OF NORTH CAROLINA WETLAND AREAIAC+J-} LENGTH FT+/-f PONE} A WETLAND E WE IT F 1.2E8 0.007 0.024 N/A N/A N/A WETLAND E (E30-E36) 0.007 ACRE POND A 1.268 ACRES- - I N 0 60, 120' r SCALE: AS SHOWN EXISTING CONDITIONS DWG 1C. ARNER DRAWN BY: JFG PHASE 2 PLAN ENGINE ERI ING DATE: 07/30/2020 10 DAVIS LANE REV: WINTERLAKE DRIVE DAM FAIRVIEW, NC 28730 WINTERLAKE DRIVE www.garncr-eng.com PROF. ENG. FIRM 828.,937.5716 NO. G-4451 GAST❑NIA, NC 3 OF 61 PERENNIAL STREAM H 70.37.L.F. 0,604 ACRE BOUNDARY PERENNIAL S TREAM I ; 164.49 L.F. 0.021 AC E PERENNIAL STREAM IMPACT SEE DWG 4 0 60' , 20' mmmol SCALE; M. ARNER DRAIN BY: ENGINLLRINGDATE: 9 DAVIS LANE REV: FAIRVIEW, NC 28730 WWW.gufner-Cng,com PROF- ENG.FIRM 828 :-33T 57I6 No. c-4451 PON ❑ IMPACT - S��EfEf ❑FWfG4 A KPOND WETLAND IMPACT - SEE DWG 3 POND A 1.268 ACRES WETLAND , F , 0.024 ACUJ ; WETLAND IMPACT SEE DING 3 V � i 11 WETLAND E (E30-E36) 0,007 ACRE AS SHOWN JURISDICTIONAL JFG IMPACTS PH 2 PLAN 07/30/2020 WINTERLAKE DRIVE DAM WINTERLAKE DRIVE GASTONIA, NC A DWG 2 40F6 j WETLANDIF f'f -•- - I M PACT AR EA = 0.011 AC AL IVA- 1 I� �•' ► li r f , WETLAND E ` 1 IMPACT AREA 0.003 Z 4 WET LAN D I M PACT = 0.014 AC SCALE: AS SHOWN WETLAND IMPACTS ❑WG [C. ARNER DRAWN BY: JFG PHASE 2 PLAN CNGIN E E R I N G DATE; 07/30/2020 ) DAVIS LANE REV: WINTERLAKE DRIVE DAM FAIRVIEW, NC 28730 WINTERLAKE DRIVE �+ Www.garncr-erig.ccm PROF. ENG. FIRM 3 �I' 828.;237 5716 NO. C-4451 GASTONIA, NC PERENNIAL STREAM I IMPACT AREA = 0.011 AC IMPACT LENGTH = 58.75 FT .......... I I � 1 � POND A IMPACT AREA = 0.016 AC WINTERLAKE POND IPOND IMPACT 0 3o, sot PERENNIAL STREAM fMPACT PERENNIAL STREAM IMPACT l 0.016 AC N 0.011 AC 58.75 FT SCALE: AS SHOWN PON D f M PACTS DWG A. ARNER DRAWN BY: JFG PHASE 2 PLAN E N G I N L E R I N G DATE: 07/3012020 9DAV1S LANE REV: WINTERLAKE DRIVE DAM FAIRVIEW, NC 26730 WINTERLAKE DRIVE WWw.gurncr-ong.com PROF. ENG. FIRM 4 VF 828.3,37.5716 NO. c-4451 GASTONIA, NC O .4-j .E v v w O _u Ln .Jurisdictional Determination Information U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00967 County: Gaston U.S.G.S. Quad: NC- Gastonia South NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: JP Development Group, LLC Thomas D. Pearson Address: 4301 Fairview Oaks Drive Charlotte, NC 282117 Telephone Number: 704-617-7200 E-mail: tdpearson(&,bellsouth.net Size (acres) 19.2 Nearest Town Gastonia Nearest Waterway Catawba Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.2302 Longitude:-81.1654 Location description: The review area is located 100 feet Northwest from the intersection of Winterlake Drive and Elam Street in Gaston Countv. PIN(s): 3554367139. 3554366093. 3554366725. 3554352765. 3554259284. 3554350294. 3554352203. 3554353222,3554354250. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/17/2019 (Revised 07/10/2019). Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-00967 ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or C atherine.M.Janiczak(a .usace. armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 9/5/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: 67 Date of JD: 9/5/2019 Expiration Date of JD: Not applicable SAW-2019-00967 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p-136:4:0 Copy furnished: Agent: WEPG Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(&,wetlands-ep2.com Property Owner: JM Gunter Family Trust Roberta Gunter Address: 113 Patrick Street Gastonia, NC 28054 Telephone Number: 704-864-6828 E-mail: robbiegunter(&,carolina.rr.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND 4 REQUEST FOR APPEAL Applicant: JP Development Group, LLC, Thomas D. File Number: SAW-2019-00967 Date: 9/5/2019 Pearson 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.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 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 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR 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: Catherine M. Janiczak 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 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni 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: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 9/5/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: JP Development Group, LLC, Thomas D. Pearson, 4301 Fairview Oaks Drive,Charlotte, NC 282117 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Winterlake Drive Site PJD, SAW- 2019-00967 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 100 feet Northwest from the intersection of Winterlake Drive and Elam Street in Gaston County. PIN(s): 3554367139, 3554366093,3554366725,3554352765,3554259284,3554350294,3554352203,3554353222,3554354250. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Gastonia Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2302 Longitude:-81.1654 Universal Transverse Mercator: Name of nearest waterbody: Catawba Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 07/10/2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic Latitude (decimal Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number review area (acreage "may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) Pond A 35.2305 -81.1648 1.6 acres Non -wetland Sec. 404 Intermittent 35.2294 -81.1648 245 linear feet Non -wetland Sec. 404 Stream B Perennial 35.2293 -81.1661 450 linear feet Non -wetland Sec. 404 Stream C Wetland D 35.2297 -81.1659 0.05 acres Wetland Sec. 404 Wetland E 35.23 -81.1653 0.1 acres Wetland Sec. 404 Wetland F 35.2312 -81.1643 0.07 acres Wetland Sec. 404 Perennial 35.2315 -81.1643 60 linear feet Non -wetland Sec. 404 Stream H 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 7 (Dated 05/17/2019 [Revised 07/10/2019])_ ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:2400 Gastonia South NC Quadrangle ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Figure 2 (Dated 05/01/2019) or ®Other (Name & Date): Photopages (Dated 05/01/2018) ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of R ulatory staff member completing PJD 9/5/2019 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. i � a I � . WETLAND F PROJECT BOUNDARY II PERENNIAL STREAM H �LVERT I r -0.024 ac STUDY LIMITS -70If I PERENNIAL STREAM I I 165 If IUSACE Verification 7110119 • f, --- 4 - 1 3 - PIPE 1 WETLAND E 2 DAM (Fringe around pond) 0.058 ac LO I � WETLAND D ` -0.073 ac f k PERENNIAL STREAM C { ,1 -450 If -rD r _ r Y POND:ac NCDEQ STR 10 7 -1.27 FORM C INTERMITTENT STREAM B 3301f 18 NCDEQ STR II - FORM B USACE •• _ � -- UPLAND DP1 CULVERT :Fr *** USACE Verification Acres: Winterlake Drive Prepared for: +/- 19.2 Gaston County, NC Pearson Land Corporation FIGURE 7 05117118 DELINEATION MAP Drawn By: Reviewed By: Updated 7/10/19 Subject to USACE/NCDEQ verification DCK LSR