20201208 Ver 1_Griffith Lakes Phase1 PCN 100920_20201026

10/26/2020 Leonard S. Rindner, PLLC Mail - Pre -Filing Meeting not required for Griffith Lakes - 20201208 Ver 1
MGmail Daniel Kuefler <[e-mail]>
Pre -Filing Meeting not required for Griffith Lakes - 20201208 Ver 1
1 message
[e-mail] <[e-mail]> Mon, Oct 19, 2020 at 12:00 AM
To: [e-mail]
Cc: [e-mail]
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Griffith Lakes that
you submitted on 9/18/2020 3:29 PM. The ID number for that project is 20201208, Version 1.
It has been decided that no meeting is required for this project.
Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1299869
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
https://mail.google.com/mail/u/4?ik=558adcd2fb&view=pt&search=all&permthid=thread-f%3Al 680951267126379004&simpl=msg-f%3A16809512671... 1 /1

Preliminary ORM Data Entry Fields for New Actions WEPG
and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2019 - 01091 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Griffith Lakes Phase 1
2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form B3d and B3e]:
PCN request for a Residential Development
4. Property Owner / Applicant [PCN Form A3 or A4]: Toll Brothers (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 B5b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
35.3273 N/-80.8222, Charlotte, NC
8. Project Location -Tax Parcel ID [PCN Form B1a]: 04306202, 04323294, 04324101, 04306209
9. Project Location — County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form B2a]: Mallard Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105
Authorization: Section 10 ❑ Section 404 W1 Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ 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.
October 9, 2020
Mr. Bryan Roden -Reynolds
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Asheville, NC 28801-5006
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301, Moorseville, NC 28115
Mr. Paul Wcjoski
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
Subject: SAW-2019-01091 Application for NWP # 29 for the Griffith Lakes — Phase 1 site,
Charlotte, Mecklenburg County, NC.
Messrs. Roden -Reynolds, Johnson, Wcjoski and Hamstead,
Enclosed is an Application for NWP # 29 for Phase 1 of the approximate 400 -acre site known as
the Griffith Lakes site located southeast of the intersection of Old Statesville Road and West
W.T. Harris Blvd in Charlotte, NC. The site was field verified by NCDEQ (Alan Johnson) on
5/8/19 and USACE (David Shaeffer) on 9/20/19. A Preliminary Jurisdictional Determination for
the entire project area (all phases) was issued on 2/6/2020 (SAW-2019-01091). Please refer to
the Jurisdictional Determination section for information on onsite surface waters.
As shown on the attached exhibits, the proposed Phase 1 development will include permanent
impacts to one stream (Stream X) for two road crossings, as well as minor temporary impacts to
one wetland (Wetland Z/ZZ/ZZZ) for the installation of a sanitary sewer to serve the residential
development. Overall impacts to site surface waters associated with the proposed development
were limited through site selection location, design, location/orientation of the proposed lots and
access routes. Due to the location of the features in relation to existing roads and municipal
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
len. ri [e-mail]
www.wetiands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PM 283
Asheville, NC 28805

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
infrastructure, opportunities to completely avoid these features were limited. The total permanent
impacts proposed include 2401f of perennial stream.
Efforts of impact minimization were implemented during the design to preserve the existing
hydrology and limit adverse effects to existing, onsite natural habitat. Large headwalls and large
box culverts are used at both crossings to keep the crossings as narrow as possibly in order to
minimize impacts. Minor temporary wetland impacts required for sewer line installation will be
restored as noted on the attached plans.
The applicant has demonstrated substantial avoidance and minimization efforts with specific
respect to the crossing design. Retaining walls were employed to shorten the length of impacts
from culverts as much as the City of Charlotte allows. Large box culverts with multiple internal
baffles were introduced to create a primary channel for base flows and secondary channel for
higher flow events as well as to help retain the 1 to 2 ft of soil in the bottom of the culvert added
for aquatic passage. Given the large contributing drainage areas and increasing upstream
development, there is no practical culvert design that would allow discharge rates that would not
require additional energy dissipation at the exit of the culvert. Multiple dissipation measures
were analyzed and the plunge pool lined with stone was found to be the least impactful as it most
effectively reduced velocities to the level needed to avoid downstream erosion of the stream
channel in the design events. The plunge pool was designed minimizing its dimensions to those
required by FWHA's HEC-14 Hydraulic Design of Energy Dissipators for Culverts and
Channels. The plunge pool stone is being set into the bottom of the of the measure and is
anticipated to partially silt in overtime.
To compensate for the anticipated permanent impacts the applicant is proposing payment to the
NCDMS at a 2:1 ratio for impacts to 1401f of perennial warm water stream. Please refer to the
enclosed conditional acceptance letter from NCDMS.
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, [phone] or email at [e-mail].
Sincerely,
Daniel Kuefler
Environmental Scientist
Len Rindner, PWS
Principal
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 2
[e-mail]

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Permit Application

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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
1 a.
Type(s) of approval sought from the Corps:
❑ Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
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.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Griffith Lakes Phase 1
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Harris Woods LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
James Griffith
3d.
Street address:
1944 Brunswick Ave Ste 2A
3e.
City, state, zip:
Charlotte, INC 28207
3f.
Telephone no.:
704-365-2515
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Developer
4b.
Name:
Dan Rossi
4c.
Business name
(if applicable):
Toll Brothers, Inc.
4d.
Street address:
14529 Grand Palisades Parkway
4e.
City, state, zip:
Charlotte, NC, 28278
4f.
Telephone no.:
704-430-9392
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Daniel Kuefler
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group (WEPG), PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
336-554-2728
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
04306202,04323294,04324101,04306209
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.3273 Longitude:-80.8222
1 c.
Property size:
399 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Mallard Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Upper Rocky River (03040105)
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 site is almost entirely covered with disturbed successional woods on slopes and stream corridors. There are three open water ponds on site, and
it is laced with gravel and dirt roads and trails. The topography is gently to moderately sloped with the elevation ranging from 730 to 830ft.
3b.
List the total estimated acreage of all existing wetlands on the property: 4.63
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,503
3d.
Explain the purpose of the proposed project:
The project consists of 2 road crossings, utility installation & BMPs for Phase 1 of a residential subdivision
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment- excavator, dump truck, 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 (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X 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 (David Shaeffer) on 9/20/19 and NCDEQ (Alan Johnson) on 5/8/19. A copy of the signed JD is attached.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
Phase 1 includes permanent impacts required for 2 road crossings required to develop/access phase 1 of a residential
development. Future phases will include additional crossings to be designed/permitted, as shown on the attached plans.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
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
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 T
Excavation
Bottomland Hardwood Forest
Yes
Corps
0.002
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.002
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
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
Culvert
Stream X
PER
Corps
3
92
S2 P
Stabilization
Stream X
PER
Corps
3
38
S3 T
Access
Stream X
PER
Corps
3
20
S4 P
Culvert
Stream X
PER
Corps
3
72
S5 P
Stabilization
Stream X
PER
Corps
3
38
S6 T
Access
Stream X
PER
Corps
3
20
3h. Total stream and tributary impacts
280
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
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
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 DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts associated with the proposed development were limited through site selection, location, design, and location/orientation of the proposed
lots and access routes. Headwalls and large box culverts are used to keep the crossings as narrow as possible. Crossing A is located per
connectivity requirements with WT Harris Blvd and Crossing F was located strategically at a narrow, straight stream reach to minimize impacts.
1 b. 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 onsite/adjacent offsite receiving conveyances.
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?
❑X Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X 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.
❑X Yes
4b.
Stream mitigation requested:
240 linear feet
4c.
If using stream mitigation, stream temperature:
warm
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.
A 2:1 ratio is proposed for 240 LF of permanent impacts to Perennial Warm Water Stream.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
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?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
>30 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
A stormwater plan has not yet been submitted to the City of Charlotte but is being prepared to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Charlotte
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑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 ❑X 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)
1 a.
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 (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑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.
No
additional phases proposed at this time.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater
generated on the site will be transported to the nearest treatment facility via sewer lines.
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?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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?
A cultural resources study was conducted in which no cultural resources were identified on site - please refer to the attached report.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No grading/ will occur in the floodplain.
8c. What source(s) did you use to make the floodplain determination?
https://msc.fema.gov/portal/home
Daniel Digitally signed by Daniel
Kuefler
Daniel Kuefler
Kuefler Date: 2020.10.02 15:42:14
-04 00
October, 2, 2020
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Wetlands and Environmental Planning Group
Agent Authorization Letter
Leonard S. Rindner, PLLC.
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. Lindner, 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: Griffith Lakes
Property Address: NE of intersection of Pete Brown Rd & Old Statesville Rd, Charlotte, NC
Parcel Identification Number (PIN): 04306202
Select one: I am an interested buyerlseller
Nance: Dan Rossi
Company: Toll Brothers Inc
Mailing Address: 14529 Grand Palisades Parkway Charlotte, NC 28278
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Owner l
I Other
* The Interested Buyeil01her acknowledges that an agreement andlw• formal contract to purchase andlor conduct
dire diligence activities exists behveen the current property owner- and the signatory of this authorization in cases
inhere the property is not owned by the signatory.
Charlotte Office: www.wetlands-epg.com Asheville Office:
I0617-p Providence Rd. 1070 Tunnel Rd., Bldg.
PM8 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
len.rindner c wetlands-epg.com

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Dan Rossi
Toll Brothers, Inc
14529 Grand Palisades Parkway
Charlotte, NC 28277
NORTH CAROLINA
Environmental Quality
October 6, 2020
Expiration of Acceptance: 4/6/2021
Project: Griffith Lakes- Phase 1 County: Mecklenburg
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-di it HUC
Impact Type
Impact Quantity
Yadkin
03040105
Warm Stream
240
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly. [e-mail].
cc: Daniel Kuefler, agent
Sincerely,
AvJames. B Stanfill
Asset Management Supervisor
NORTHCAROLINAD_E I
DwW al Envimnwn%1Quay
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
I en. ri nd ner@wet Ian ds -epg. co m
For: Griffith Lakes
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
October 12, 2020
www.wetiands-epg.co m
Ashesrile Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Griffith Lakes site (396.29 acres) is located just east of Hwy 115, Old
Statesville Road, and Henderson Road, and just south of W.T. Harris Blvd. in
Mecklenburg County, North Carolina. It can be found on the Derita USGS
Topographic Quadrangle Map; latitude is 35.3273 N, longitude is 80.8222 W. The
site is almost entirely covered with disturbed successional woods on slopes and
stream corridors. There are three open water ponds on site, and it is laced with
gravel and dirt roads and trails. The topography is gently to moderately sloped
with the elevation ranging from 730 to 830ft. (Figure 1).
Figure 1:
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HUC:03040105 ACRES LISG5�LIAD
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Me{kl en In urg Co., NC
Pre pa red for: ►/Lf
YY
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Mecklenburg County North Carolina, the results of which are listed below (Table
1). Maps and aerial photographs were assembled and the site was investigated
during the weeks of April 22 and May 6, 2019, and October 12, 2020.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on April 22, 2019 ***Updated October 12, 2020
Group
Name
Status
Record Status
Invertebrate
Carolina Heelsplitter (Lasmigona
Endangered
Current
decorata
Invertebrate
Rusty -patched Bumble Bee (Bombus
Endangered
Historic
affinis)
Vascular Plants
Smooth Coneflower (Echinacea
Endangered
Current
laevi ata
Vascular Plants
Schweinitz's Sunflower (Helianthus
Endangered
Current
schweinitzii)
Vascular Plants
Michaux's Sumac (Rhus michauxii)
Endangered
Current
Vertebrate
Northern Long -Eared Bat (Myotis
Threatened
Probable/Potential
septentrionalis)
Vertebrate
Bald Eagle (Haliaeetus leucocephalus)
Protected under the Bald
Current
and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
SPECIES DESCRIPTIONS:
A total of three plant species with federal protection are listed as potentially occurring in
Mecklenburg County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered,
is typically found in open habitats which historically have been maintained by
wildfires and grazing bison and elk herds. Now most occurrences are limited to
roadsides, woodland and field edges, and utility rights -of -way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is
typically found in open woods, cedar barrens, roadsides, clear cuts, dry
limestone bluffs and power line rights -of -way, requiring abundant sunlight and
little competition from other plant species.
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires
habitat of sandy forests and woodland edges. This species requires periodic fire
as a part of its ecology.
A total of four animal species with federal protection are listed as potentially occurring in
Mecklenburg County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle
Protection Act, typically inhabits forested areas near large bodies of open water
such as lakes, marshes, seacoasts and rivers, where there are suitable fish
populations and tall trees for nesting and roosting.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is
restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds
are required for this species. Typically, stable areas occur where the stream
banks are well -vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened.
During summer, northern long-eared bats roost singly or in colonies underneath
bark, in cavities, or in crevices of both live and dead trees. Males and non -
reproductive females may also roost in cooler places, like caves and mines. It
has also been found, rarely, roosting in structures like barns and sheds. Northern
long-eared bats spend winter hibernating in caves and mines, called hibernacula.
Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered,
live in colonies that include a single queen and female workers. Rusty -patched
Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble
bees need areas that provide nectar and pollen from flowers, nesting sites
(underground and abandoned rodent cavities or clumps of grasses), and
overwintering sites for hibernating queens (undisturbed soil).
WEPG 4
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
RESULTS:
The site is almost entirely covered with disturbed successional woods on slopes
and stream corridors. There are three open water ponds on site, and it is laced
with gravel and dirt roads and trails. There is an overhead power line that
parallels the road corridor along Henderson Road, and a large power
transmission line right-of-way traversing the site northeast to southwest. Pines
dominate the uplands and more recently disturbed areas, and hardwoods
become dominant on the slopes and stream corridors.
Some of the largest trees are over 2 ft. in diameter, with the average diameter at
breast height (DBH) at 12". Canopy trees include Loblolly Pine (Pinus taeda),
Shortleaf Pine (P. echinata), Virginia Pine (P. virginiana), White Oak (Quercus
alba), Black Oak (Q. velutina), Southern Red Oak (Q. falcata), Northern Red Oak
(Q. rubra), Willow Oak (Q. phellos), Post Oak (Q. stellata), Mockernut Hickory (C.
tomentosa), Pignut Hickory (C. glabra), Shagbark Hickory (Carya ovata),
Sweetgum (Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera),
Cottonwood (Populus deltoides), and Sycamore (Platanus occidentalis). The
subcanopy contains Sourwood (Oxydendrum arboreum), Umbrella Tree
(Magnolia tripetela), American Beech (Fagus grandifolia), Ironwood (Carpinus
caroliniana), American Holly (Ilex opaca), Red Maple (Acer rubrum), Eastern Red
Cedar (Juniperus virginiana), Flowering Dogwood (Cornus florida), Hackberry
(Celtis laevigata), Redbud (Cercis canadensis), Silverbell (Halesia caroling), Red
Mulberry (Mortis rubra), Black Gum (Nyssa sylvatica), Winged Elm (Ulmus alata),
and Black Cherry (Prunus serotina). The shrub layer includes Spicebush
(Lindera benzoin), Blueberry (Vaccinium sp.), Pinxter Azalea (Rhododendron
nudiflorum), Black Haw (Viburnum prunifolium), Autumn Olive (Elaeagnus
umbellate), Paw Paw (Asimina triloba) and Chinese Privet (Ligustrum sinense).
Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper
(Campsis radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine
(Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer is
sparse on the drier uplands and slopes, becoming more dense on the lower
slopes and drainages, and includes Christmas Fern (Polystichum
acrostichoides), Crane -fly Orchid (Tipularia discolor), Spotted Wintergreen
(Chimaphila maculata), Dayflower (Commelina sp.), Grapefern (Botrychium sp.),
River Oats (Chasmanthium latifolium), and Japanese Stiltgrass (Microstegium
vimineum).
The open water ponds have mostly wooded perimeters with transitional wetland
edge habitat dominated by typical wetland vegetation including Sedges (Carex
spp., Cyperus spp., Scirpus spp.), Rushes (Juncus spp.), and Cattails (Typha
latifolia).
The disturbed, open, roadside and power line along Henderson Road, and
transitional open edges are dominated by planted Fescue (Festuca sp.) with
mixed shrubs, vines and herbs that typically occur in this habitat. The large
WEPG
Wetlands and Environmental Planning Group

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
power transmission line right-of-way is somewhat overgrown with small tree
saplings of Pines, Sweet -gum and Tulip Poplar, and shrubs of Blackberry (Rubus
sp.), Russian Olive, Chinese Privet, Smooth Sumac (Rhus g/abra), and
Groundsel Tree (Baccharis halimifolia). Herbs present are Johnson Grass
(Sorghum ha/epense), Plume Grass (Erianthus contortus), Sericea Lespedeza
(Lespedeza cuneata), Pokeweed (Phyto/acca americans), Rabbit Tobacco
(Gnapthalium obtusifolium), Tickseed (Coreopsis major), Ragweed (Ambrosia
artemisiifolia), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.),
Asparagus (Asparagus officinalis), Thoroughwort (Eupatorium sp.) and Kudzu
(Pueraria lobata).
Threatened & Endangered/Protected Species Results
All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadsides, power line rights -of -way,
transitional areas and woods edges were examined and none of these
species were present.
• There were no Bald Eagle sightings nor were any nesting sites observed.
• The on -site streams do not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been previously
identified within this basin. No individuals were observed during the survey
nor would any be expected on -site.
• Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it
appears that the site meets the "exempt" criteria which requires no further
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
• Comparing this site location to the USFWS Range Map for Rusty -patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html)
Mecklenburg County is in it's Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes that Rusty -patched Bumble
Bee is not present.
6
Wetlands and Environmental Planning Group

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
Lisa R. Gaffney
Biologist
October 12, 2020
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 55,000 acres in North and South Carolina, 1996 -
present.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis nanif/ora).
• Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
This discovery led (in part) to the purchase of the site by the State of North
Carolina Plant Conservation Program, now called Redlair Preserve. This
population has become a Recovery Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.
WEPG
Wetlands and Environmental Planning Group

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
Figure 2: VICINTIY MAP
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened / Endangered / Protected Species Evaluation
Figure 4: USDA SOIL MAP
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
Figure 5: AERIAL MAP
FIGURE 5
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

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Cultural
Resources
Report

R.S. Webb & Associates
Cultural Resource Management Consultants
2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319
Holly Springs, Georgia 30142
Phone: [phone] • Fax: [phone]
August 19, 2019
Mr. Len Rindner
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
10612-D Providence Road, PMB 550
Charlotte, North Carolina 28277
Subject: Letter of Findings - Cultural Resources Literature Review and Site Visit
Griffith Lakes Development Tract
Charlotte, Mecklenburg County, North Carolina
R.S. Webb & Associates No. 19-649-114
Dear Mr. Rindner:
BACKGROUND
During the week of May 13 and on August 6, 7 and 8, 2019, R.S. Webb & Associates (RSWA)
conducted a cultural resources literature search and site visit for the Griffith Lakes development tract
in Charlotte, Mecklenburg County, North Carolina (Figure 1). A "cultural resource" is defined as
a discrete area of human activity that is more than 50 years old. Cultural resources include, but are
not limited to, archeological sites, historic structures, military earthworks, mines/mining features,
historic cemeteries, historic landscape features, and similar features.
The purpose of the literature search was to determine if previously recorded cultural resources are
located within or adjacent to the project area. The goal of the site visit was to explore the limits of
a known cemetery abutting the project area and to search certain landforms within the study tract
where cemeteries are often found.
METHODOLOGY
Literature and Records Search: Archival sources and background data on the project area were
gathered from the following repositories:
• North Carolina State Historic Preservation Office (SHPO), Raleigh, North Carolina
• State Archives of North Carolina, Raleigh, North Carolina
• The North Carolina Historic Preservation Office GIS Web Service (HPOWEB found at
http://gis.ncdcr.gov/hpoweb/)
• North Carolina Maps Project, found at http://www2.lib.unc.edu/dc/ncmaps/
North Carolina Office of State Archeology (OSA) records include official files and maps, pertinent
site forms, and manuscript/report files. OSA data from an adjacent study was used to determine the
possible presence/absence of archeological sites within the project area. The National Park Service's
National Register of Historic Places (NRHP) website was accessed to determine if NRHP-listed
properties are located in the project vicinity. The SHPO's HPOWEB GIS online database is the

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 2
August 19, 2019
definitive resource for the location of state -recognized historic resources in Mecklenburg County.
Historic county maps were viewed online through North Carolina Maps, a collaboration of the
University of North Carolina, the State Archives of North Carolina, and the Outer Banks History
Center. Historic aerial photographs and other historic maps were reviewed online at
Alabamamaps.ua.edu and at Historialaerials.com.
The following sources were examined to search for historic resources within and adjacent to the
project area:
• 1910 USDA Soil Map of Mecklenburg County
• 1911 Spratt Map of Mecklenburg County
• 1912 Rural Delivery Route Map of Mecklenburg County
• 1948 and 1972 Derita, North Carolina 7.5-minute USGS topographic map
• 1938 State Highway Map of Mecklenburg County
• 1961, 1965, 1968 and 1971 aerial photographs of Mecklenburg County
• 1993-2018 Google Earth aerial photography
Site Visit: An archeologist with experience identifying historic cemeteries visited the project area
to: 1) walk the 30-foot perimeter of a known cemetery abutting the project area; and 2) scan
landforms within the project area where cemeteries are most often found such as ridge summits/
crests, knolls and prominent spurs. The archeologist carefully walked and searched each location
shown on Figure 2 for erect/fallen grave markers, grave plot markers/coping, oblong depressions
typical of unmarked graves, historic tree clusters, and surface/shrub-layer plants often found in
cemeteries.
RESULTS
Literature Review
Previous Archeological Investigations: At least seven cultural resources or state environmental
review parcels are noted on the official archeological site file Derita quadrangle map. None of these
studies resulted in archeological resources being recorded in the project area.
Previous Architectural Investigations: A comprehensive rural architectural survey of Mecklenburg
County was conducted by Mary -Beth Gatza in 1987-88, and an update of the survey was completed
by Sherry Joines and Dan Morrill in 1997. Information from these surveys is available through the
North Carolina HPOWEB database.
National Register of Historic Places: A review of NRHP files and maps indicates that there are no
NRHP-listed properties within 0.5 mile of the project area. The closest NRHP-listed property is the
Croft Historic District (MK1788), located approximately 3,225 feet north of the project area. The
Fred Gibson Farm (MK3086), located about 3,000 feet southeast of the study tract, has been
determined eligible for the NRHP but is not listed. Google Earth aerial photography shows that a
portion of this farm has been developed.
Mecklenburg County Historic Structures: There are 15 recorded historic resources within 1.0 mile
of the project area, one of which was located within the project area. The Henderson House
(MK1546) was a circa 1850 two and a half story dwelling located in the northwest corner of the
project area (Figure 1). According to Google Earth aerial photography, this resource had been

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 3
August 19, 2019
destroyed/removed by 2005. The closest historic structure to the project area was MK1547 located
approximately 1,000 feet southwest of the study tract (Figure 1). This circa 1900 two-story cross -
gable house is no longer present, per 2018 Google Earth aerial photography.
Atlantic, Tennessee & Ohio Railroad (aka Southern Railway; aka Norfolk Southern) Corridor: The
Atlantic, Tennessee & Ohio Railroad (AT&O) corridor is adjacent to the western project area
boundary (Figure 1). The section of the AT&O between Charlotte and Davidson was completed in
1861, but service was soon suspended due to the Civil War. The AT&O reopened in 1871 and in
1881, it was leased for 99 years to the Charlotte, Columbia and Augusta Railroad. Southern Railway
acquired the AT&O in 1894, under which ownership it remained until Southern Railway merged
with Norfolk & Western Railway in 1982 to form the Norfolk Southern Railway (carolana.com nd).
Known Archeological Sites: There are two recorded archeological sites located within 0.5 mile of
the project area, but neither site is located within or adjacent to the project area (Figure 1). The
closest site, 31MK88, is recorded as an isolated biface located about 1,200 feet south-southwest of
the project area near Structure MK 1547. The second site, 31MK333, is recorded as a single non -
diagnostic lithic artifact located approximately 1,900 feet north of the study tract.
Revolutionary War Features: After capturing Savannah, Georgia (December 1778) and Charleston,
South Carolina (May 1780), Sir Henry Clinton returned to New York and left Charles, Lord
Cornwallis with just more than 8,000 troops to conquer North Carolina. Following victory at
Camden, South Carolina, the British aimed to occupy Charlotte and restore the Royal government
there. However, resistence to Cornwallis' movement was substantial and it took his army 17 days
to march the 70 miles from Camden to Charlotte. Upon Cornwallis' arrival at Charlotte on October
3, 1780, the rebels constantly harassed his foraging parties, captured his scouts, and captured or
killed his messengers. An attack on one foraging parry, known as the Battle of the Bees or
McIntyre's Farm, took place on that same date 2.3 miles southwest of the project area. Corwallis
soon abandoned this first attempt to subdue North Carolina, calling the area a "hornet's nest" of
rebellion. Cornwallis retreated to Winnsborough, South Carolina and encamped for the winter.
During this second attempt, he bypassed the Charlotte area to the west and north, crossing Catawba
River west to east at Cowan's Ford (10 miles northwest of the project area) in February 1781. The
British were finally defeated at Yorktown, Virginia on October 17, 1781(Lewis 2011, Powell 1989).
Civil War Features: Review of the Official Military Atlas of the Civil War (Davis et al. 1983)
revealed that no significant Civil War military activity occurred in Mecklenburg County, North
Carolina. Union General William T. Sherman, following the capture of Columbia, South Carolina
on February 17, 1865, moved north to the vicinity of Lancaster, South Carolina, but his army then
turned northeast toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project
region (Davis et al. 1983).
Historic Cemeteries: Historic maps and aerial photographs indicate two cemeteries within 1,000 feet
of the project area (Figure 1). Oak Grove United Methodist Church Cemetery is a well established
and maintained out parcel along the western project area boundary. According to Findagrave.com,
this cemetery has at least 118 memorials. Headstones indicate use from at least 1910 into 2015
(peoplelegacy.com nd). The church, which is now located over a mile south of the cemetery, was
established is 1889 and was originally located just west of the cemetery. The second cemetery,

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 4
August 19, 2019
Bethel Methodist Church Cemetery, is located within approximately 100 feet south and 420 feet east
of the project area and retains at least seven marked graves dating from 1872 to 1939
(peoplelegacy.com nd).
Structures or Features on Historic Maps and Aerial Photographs: Historic maps from 1910 through
1972 show at least 11 structures being located within the project area, including the houses of Dr.
S. Henderson House, Mrs. Nancy Black, H. Armstrong, J.R. Price and J. Brown called out on the
1911 Spratt Map (Figure 1). Historic maps also show Old Potter Road traversing the project area,
as well as a number of secondary/farm roads. Eight other mapped resources are adjacent to the study
tract, including Oak Grove Church and cemetery (Figure 1): Bethel Methodist Church (or cemetery)
is not cited on the maps reviewed.
Aerial photography from 1961 through 1971 shows essentially the same structures as observed on
historic maps. Land use in the project area is a mosaic of wooded areas typically around active
agricultural fields/pastures. All three of the Griffith Lakes are in place by 1961, as is the local
primary transportation network and the transmission line that traverses the project area. West W.T.
Harris Boulevard was constructed by 1993 and older roads into the project area begin to disappear.
In the late 1990s and early 2000s, subdivision development began to intensify in the project vicinity
and by 2018, the project area was essentially surrounded by modern development.
Site Visit
A 30-foot perimeter beyond the fenced boundary of Oak Grove United Methodist Church Cemetery
was walked/scanned for evidence of human graves and no evidence of graves was observed. Areas
adjacent to the cemetery are heavily disturbed by a dirt road (south), earlier agricultural/silvicultural
activities and erosion. It is recommended that an undisturbed 50-foot buffer be established beyond
the cemetery fence due to the high level of disturbance immediately around the cemetery. If a 50-
foot buffer cannot be achieved, then intensive probing and/or surface clearing may be necessary to
ensure that unmarked graves do not lie in adjacent areas proposed for ground disturbing activities.
The landforms shown on Figure 2 were walked and surfaces scanned for evidence of cemeteries.
No grave makers, oblong depressions, cemetery vegetation or other features common to cemeteries
were observed.
SUMMARY
Literature Search: There are no NRHP-listed historic properties within 0.5 mile of the study tract.
One state -recognized historic structure, the Henderson House (MK1546), was located within the
project but has been razed/removed. At least 11 structures have been present in the project area since
1910 but the current status of those resources is unknown. No recorded archeological sites are
located within or adjacent to the project area. Two cemeteries are proximate to the project area. Oak
Grove United Methodist Church Cemetery abuts the western edge of the study tract, while Bethel
Methodist Church Cemetery is within 100 feet south and 420 feet east of the project area.
Site Visit: No evidence of human graves was observed around Oak Grove United Methodist Church
Cemetery or on the selected landforms inspected during the site visit. It is recommended that a 50-
foot undisturbed buffer be established around the existed cemetery fence. If a 50-foot buffer is not

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 5
August 19, 2019
feasible, then clearing around the cemetery maybe necessary to ensure that unmarked graves are not
outside the existing cemetery fence.
CLOSING COMMENTS
Mr. Rindner, we appreciate the opportunity to work with you on this project. If you have any
questions or comments, please contact me at 770-345-0706.
Sincerely,
R.S. WEBB & ASSOCIATE
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachments: Figures 1 and 2
REFERENCES
Carolana.com
nd North Carolina - Railroads. Found at: https://www.carolana.com/NC/Transportation/
railroads/nc—rrs—atlantic—tennessee—ohio.html. Accessed May 20, 2019.
Davis, G.B., L.J. Perry and J.W. Kirkley, compiled by C.D. Cowles
1983 Atlas to Accompany the Official Records of the Union and Confederate Armies.
Reprint of the 1891-1895 edition. The Fairfax Press, New York.
Peoplelegacy.com
nd Oak Grove United Methodist Church Cemetery and Bethel Methodist Church Cemetery.
https://peoplelegacy.com/cemetery/. Accessed May 20, 2019.
Powell, W.S.
1989 North Carolina Through Four Centuries. University of North Carolina Press, Chapel
Hill and London.
Lewis, J.D.
2011 The American Revolution in North Carolina. Internet -Online. Found at:
http://www.carolana.com/NC/Revolution/. Accessed 9 November 2018.

Y
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■ Recorded Historic Structure Recorded Archeological Site
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Derita (1993), NC
Scale
0 610 meters
0 2000 feet
Figure 1 Project Area and Previously Recorded Cultural Resources Location Map

Project Area
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Figure 2 Cemetery Search Coverage Map

EN
Approvals /
Authorizations

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action id. SAW-2049-01091 County: Mecklenburg U.S.G.S. Quad: NC- Derita
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Toll Brothers
Kevin Kernahan
Address: 100 Willow Brook Road, Suite 200
Freehold, NJ 07728
Telephone Number: 732-272-0528
E-mail: kkernahan(attollbrothers.com
Size (acres) 399 Nearest Town Charlotte
Nearest Waterway Mallard Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.3273
Longitude:-80.8222
Location description: The review area is located directly south of the intersection of West W.T. Harris Boulevard and Davis
Lake Parkway. PiNs: 04306202, 04323294, 04324101, 04306209.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/20/2019. 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, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

SAW-2019-01091
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or
david.l.shaeffer(&usace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2/6/2020.
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 4985. 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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room I OM15
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 a��vn'� RFA (form to the Division Office ifyou do not object to the determination in this correspondence.
**
* J �• i— Digitally 0.02.0ned 1
SH AEFFER.DAVID.LEIG H.1260750573
Corps Regulatory Official: wre:2ozo.oz.obnss:zs-osoo'
Date of JD: 2/6/2020 Expiration Date of JD: Not applicable

SAW-2019-01091
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/V`p=136:4:0
Copy fwnished:
Agent: Leonard S. Rindner, PLLC, WEPG
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(a wetlands-eve.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Toll Brothers, Kevin Kernahan File Number: SAW-2019-01091 Date: 2/6/2020
Attached is:
See Section below
PROFFERED PERMIT (Standard Permit or Letter of permission)
A
RED PERMIT (Standard Permit or Letter of ermission)
B
DENIAL
LAPPROVED
C
JURISDICTIONAL DETERMINATION
D
INARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.arnly.mil/Missions/CiviIWorks/Re"latoryProgramandPermits.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 II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its 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 IT 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 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
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 IT 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 IT - REQUEST FOR VAL or OBJECTIONS TO AN INITIAL PROFFERED PERMTTA
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.
POTNT F CONTACT FOR QUESTTONSIRR 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. Phillip Shannin, Administrative Appeal Review Officer
Attn: David L. Shaeffer
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: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdietional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 2/6/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Toll Brothers, Kevin Kernahan, 100 Willow
Brook Road, Suite 200, Freehold, NJ 07728
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Griffith Lakes Site, SAW-2019-
01091
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located directly south of
the intersection of West W.T. Harris Boulevard and Davis Lake Parkway. PINS: 04306202, 04323294, 04324101,
04306209.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3273 Longitude:-80.8222
Universal Transverse Mercator:
Name of nearest waterbody: Mallard Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 9/20/2019 by the Corps
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Esti mated
amount of
aquatic resources
in review area
(acreage and
linear feet, if
applicable
Type r ces (i.e., aquatic
resources
wetland vs. non-
wetland waters)
Geographic
authority to
which the aquatic
resource "may
be" subject (i.e.,
Section 404 or
Section 10/404)
Intermittent Stream E
35.33150000
-80.82010000
270
Non -wetland
404
Perennial Stream X
35.33180000
-80.81140000
2,432
Non -wetland
404
Wetland F
35.33140000
-80.82030000
0.002
Wetland
404
Wetland D
35.33070000
-80.82020000
4.33
Wetland
404
Wetland B
35.32920000
-80.82390000
5.241
Wetland
404
Intermittent Stream Y
35.32950000
-80.80970000
385
Non -wetland
404
Perennial Stream K
35.32370000
-80.82280000
265
Non -wetland
404
Wetland H
35.32720000
-80.82240000
0.005
Wetland
404
Intermittent Stream 1
35.32580000
-80.82200000
121
Non -Wetland
404
Wetland J
35.32580000
-80.22330000
0.01
Wetland
404
Wetland G
35.32710000
-80.82140000
19.98
Wetland
404
Intermittent Stream L
35.32310000
-80.82440000
1228
Non -Wetland
404
Wetland M
35.32550000
-80.82200000
0.029
Wetland
404
Wetland P/PP
35.32310000
-80.82480000
0.4
Wetland
404
Wetland Q
35.32090000
-80.81620000
0.019
Wetland
404
Wetland R/RR
35.32040000
-80.81580000
0.77
Wetland
404
Wetland O
35.32370000
-80.82280000
0.01
Wetland
404
Wetland V
35.32580000
-80.81510000
0.104
Wetland
404
Int Stream W
35.32740000
-80.81340000
791
Non -Wetland
404
Wetland T
35.32430000
-80.81530000
0.288
Wetland
404

Estimated
Geographic
amount of
authority to
Type of aquatic
Latitude
Longitude
aquatic resources
resources (i.e.,
which the aquatic
Site Number
(decimal
(decimal
in review area
wetland vs. non-
resource "may
degrees)
g )
de
degrees) )
(acreage and
be" subject (i.e.,
wetland waters)
linear feet, if
Section 404 or
applicable
Section 10/404)
Perennial Stream S
35.32460000
-80.81530000
159
Non -Wetland
404
Intermittent Stream U
35.32560000
-80.81510000
82
Non -Wetland
404
Wetland Z/ZZ/ZZZ
35.33080000
-80.80970000
0.514
Wetland
404
Intermittent Stream AAA
35.38300000
-80.61990000
183
Non -Wetland
404
Open Water Pond A
35.32790000
-80.82370000
4.38
Non -Wetland
404
Open Water Pond C
35.32910000
-80.82010000
3.42
Non -Wetland
404
Open Water Pond N
35.32580000
-80.81910000
14.22
Non -Wetland
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for anon -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 " inay be " waters of the U.S. and/or that there " inay 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 tile. 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 6 dated 9/20/2019
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas: 'National map. og_v
® USGS NHD data.
® USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey ESRI USA Soils Mapservice.
® USFWS National wetlands inventory mapservice.
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ❑Aerial (Name & Date):
or ®Other (Name & Date): Photos 1-12 dated 3/28/2019 and 4/2/2019
❑ 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.
Digitally signed by
SHAEFFER.DAVID.LEIGH.126
0750573
Date: 2020.02.06 11:58:49
-05,00'
Signature and date of Regulatory
staff member completing PJD
2/6/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
t 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.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01091 County: Mecklenburg U.S.G.S. Quad: NC-Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Toll Brothers, Inc.
Dan Rossi
Address:
14529 Grand Palisades Parkway
Charlotte, NC 28278
Telephone Number:
704-430-9392
E-mail:
drossi(&tollbrothers.com
Size (acres) 399 Nearest Town Charlotte
Nearest Waterway Mallard Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.3273
Longitude:-80.8222
Location description: The review area is located directly south of the intersection of West W.T. Harris Boulevard and Davis
Lake Parkway. PINs: 04306202, 04323294, 04324101, and 04306209. Reference review area description shown in Pre -
Construction Notification entitled "Figure 1, Vicinity Mad' and Dated 09/24/2020.
Description of projects area and activity: This verification authorizes the permanent stream impacts of 240 linear feet along with
temnorary stream and wetlands imnacts of 40 linear feet and 0.002 acres, resnectively, to facilitate the construction of a
residential development. These impacts are associated with only Phase 1 of the multi -phase residential development. All future
impacts associated with additional phases of the residential development will be considered cumulative with Phase 1 permitted
imnacts. All temnorary stream and wetland imnacts will be restored to ore -existing conditions after the comnletion of
construction.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 10/14/2020, and the enclosed plans Existing Conditions — All Phases, Sheets 1-10
dated 9/1/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden -Reynolds at 704-510-1440or brvan.roden-reynolds(&usace.army.mil.
Digitally signed by RODEN
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: Date: 2020.10.15115658-04'00' Date: 10/15/2020
Expiration Date of Verification: 03/18/2022
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: Wetlands and Environmental Planning Group
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: Daniel.kuefler( )wetlands-epg.com

SAW-2019-01091
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
b. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined
with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory
mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of
the U.S., are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Action ID Number: SAW-2019-01091 County: Mecklenburg
Permittee: Toll Brothers, Inc., Dan Rossi
Project Name: Griffith Lakes
Date Verification Issued: 10/15/2020
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
bryan.roden-reynolds@us ace. army. mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

SAW-2019-01091
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Toll Brothers, Inc., Dan Rossi
1.2 Activity location: Latitude- 35.3273 Longitude:-80.8222 Location description: The review area
is located directly south of the intersection of West W.T. Harris Boulevard and Davis
Lake Parkway. PINs: 04306202, 04323294, 04324101, and 04306209. Reference review
area description shown in Pre -Construction Notification entitled "Figure 1, Vicinity Map"
and Dated 09/24/2020.
1.3 Description of activity requiring verification -This verification would authorize the permanent
stream impacts of 240 linear feet along with temporary stream and wetlands impacts of
40 linear feet and 0.002 acres, respectively, to facilitate the construction of a residential
development. These impacts are associated with only Phase 1 of the multi -phase
residential development. All future impacts associated with additional phases of the
residential development will be considered cumulative with Phase 1 permitted impacts.
All temporary stream and wetland impacts will be restored to pre-existing conditions
after the completion of construction.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 10/15/2020
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 2/6/2020.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected

SAW-2019-01091
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.
2.2 Site specific factors: The review area is almost entirely covered with disturbed
successional woods on slopes and stream corridors. The topography is gently to
moderately sloped with the elevation ranging from 730 feet to 830 feet.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site -The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
Yes.
Provide rationale: Compensatory mitigation is required to ensure minimal adverse
environmental effects. Compensatory mitigation is required to ensure minimal adverse
environmental effects. The loss of stream channel associated with the activity is greater
than 150 linear feet.
2.4.3 Type and location of compensatory mitigation
Is the impact in the service area of an approved mitigation bank? Yes.
If yes, does the mitigation bank have appropriate number and resource type of credits
available? No.
Is the impact in the service area of an approved in -lieu fee program? Yes.
,r yes, does the in -lieu fee program have the appropriate number and resource type of credits
available? Yes.

SAW-2019-01091
Selected compensatory mitigation type/location(s): See Table
Table 1: Mitigation Type and Location
Mitigation bank credits
In -lieu fee program credits
X
Perm ittee-res onsible mitigation under a watershed approach
Perm ittee-res onsible mitigation, on -site and in -kind
Perm ittee-res onsible mitigation, off -site and/or out of kind
Does the selected compensatory mitigation option deviate from the order of the options
presented in §332.3(b)(2)-(6)? N/A.
i yes, provide the rationale for the deviation, including the likelihood for ecological success
and sustainability, location of the compensation site relative to the impact site and their
significance within the watershed, and/or the costs of the compensatory mitigation project (see
33 CFR §332.3(a)(1)):
2.4.4 Amount of compensatory mitigation: 480 linear feet of stream credits
Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is necessary to replace the permanent loss of WOUS and temporal loss at the
mitigation site. The applicant proposed a compensatory mitigation ratio of 2:1 for the
240 linear feet of permanent stream impacts. The Corps is in agreement with the
proposed compensatory mitigation ratio.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
3.1.3 Known species/critical habitat present? No. The Corps has determined that it has
fulfilled its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Mecklenburg County:
NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened
NAME: Carolina Heelsplitter (Lasmigona decorata) STATUS: Endangered
NAME: Rusty -patched bumble bee (Bombus affinis) STATUS: Endangered
NAME: Michaux's sumac (Rhus michauxii) STATUS: Endangered
NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered
NAME: Smooth coneflower (Echinacea laevigata) STATUS: Endangered
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program's NHEO
data, there are no protected species located within or in the vicinity of the action area.

SAW-2019-01091
The Corps has determined the proposed activity will not directly or indirectly affect any
species subject to the ESA.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on October 15, 2020, informing them about this
project.
Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.
Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No.
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.

SAW-2019-01091
3.3.3 Known cultural resource sites present and/or survey or other additional information
needed? No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are
no known historic properties located in the permit area or in close proximity to the
permit area. A review of the National Register of Historic Places GIS layer was
assessed and determined the two closest listed properties were both at least 1.25 miles
north and south of the review area. The northern listed property is Croft Historic District
(MK1788) and the southern listed property is Fred Gibson Farm (MK3086).
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified. The applicant conducted a Cultural Resources
Literature Review and Site Visit. The results of the review and site visit are as follows:
There are no National Resources of Historic Places within 0.5 mile of the proposed
project area. The site visit concluded no evidence of human graves around Oak Grove
United Methodist Church Cemetery (which abuts the western edge of the proposed
project area) or on the selected landforms inspected during the site visit.
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?

SAW-2019-01091
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? Yes.
4.2 Required special condition(s)
Special condition:
a. In order to compensate for impacts associated with this permit, mitigation shall be provided
in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization.
b. Please be advised that if additional impacts to waters of the U.S., either on this property or
on/adjacent to this property and associated with this project/activity, are proposed at a later
date, those impacts will be combined with the current impacts to waters of the U.S. and will
be reviewed cumulatively. Generally, compensatory mitigation will be required if individual
or cumulative (i.e., past and present) losses or degradation of waters of the U.S., are
greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of
wetland. Additionally, cumulative impacts that result in the loss or degradation of greater
than 300 linear feet of perennial or intermittent stream channel and/or 0.5 acre of wetland,
will be processed under an Individual Permit. This verification of the use of the Nationwide
Permit Program for this project does not imply that this office will necessarily approve any
future proposal to impact waters of the U.S. on this property and/or associated with this
project/activity.
Rationale -See Section 2.4.2.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.
5.2 The activity, with the required mitigation, will result in no more than minimal individual and
cumulative adverse effects on the aquatic environment and will not be contrary to the public
interest, provided the permittee complies with the special conditions identified above.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.

SAW-2019-01091
IU04: 1C741]WA
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH. REEYNOLDS.BRYAN.KENNETH.12633855
74
1263385574 Date: 2020.10.15 11:57:29-04'00'
Bryan Roden -Reynolds
Date: 10/15/2020

Compensatory Mitigation Responsibility Transfer Form
Permittee: Toll Brothers, Inc., Dan Rossi
Project Name: Griffith Lakes
Action ID: SAW-2019-01091
County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
240
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
480
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 10/6/2020 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Bryan Roden -Reynolds
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: [e-mail]
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH. REYNOLDS.BRYAN.KENNETH.12633855
74
1263385574 Date: 2020.10.15 11:59:25-04'00'
USACE Project Manager Signature
10/15/2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil