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HomeMy WebLinkAbout20201304 Ver 1_401 Application_20201024RECEIVED Preliminary ORM Data Entry Fields for New Actions OLT4 " NMEWWRWNPDES SAW — 2018 - 162 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Charlotte Water Garrison and Horton Roads Sewer 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓ 3. Project Description / Purpose [PCN Form 63d and 63e]: Construction of a sewer line that will become a Charlotte Water sewer line after construction is complete. 4. Property Owner / Applicant [PCN Form A3 or A4]: Meck Co, William Shaw / The Silverman Group Dan Lacz 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: 2018-00162 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: Horton Road, Charlotte, NC 28278 35.17790,-80.97809 8. Project Location -Tax Parcel ID [PCN Form B1a]: 14118101, 14117112, 14129103, 14129106 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]: Beaver Dam Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Catawba 03050101 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 12 ❑ Regional General Permit # Q Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 Page 1 of 103 -4"VIRONMENTAL August 28, 2020 US Army Corps of Engineers NC Division of Water Resources Asheville Regulatory Field Office 401 and Buffer Permitting Unit Attn: Mr. Bryan Roden -Reynolds Attn: Mr. Paul Wojoski 8430 University Executive Park Dr, Suite 611 1617 Mail Service Center Charlotte, North Carolina 28262 Raleigh, North Carolina 27699-1617 Re: The Silverman Group / Charlotte Water Garrison and Horton Road Jurisdictional Determination and Nationwide Permits 3 and 12 Application Corps Action ID: 2018-00162 Bryan/Paul: The applicant, Mr. Dan Lacz with The Silverman Group, is requesting approval of the enclosed preliminary Jurisdictional Determination package for Potential Waters of the U.S. and Nationwide Permits 3 and 12 located along an easement for a gravity sewer. The project purpose is to install a 0.88 mile gravity outfall sewer line that will connect to an existing sewer line along UT Beaverdam Creek. The new sewer line will serve the vicinity of Garrison Roads and Horton Roads including private residences and commercial development. The immediate need for the sewer line is to serve the Charlotte Intermodal Logistics Center that The Silverman Group are currently developing. Charlotte Water will own and maintain the sewer line once construction is complete. Charlotte Water is approving the design of the project. There are 5 potential aquatic resources including 4 non -wetlands (165 linear feet) and 1 wetland (0.015 acre) within the review area. The potential wetland is forested. CH 400 which is the main UT Beaverdam Creek will be jack and bored to avoid stream impacts within an existing North Carolina stream restoration conservation easement. The Corps is requiring mitigation for the buffer disturbance per Mr. Todd Tugwell. The applicant will be required to purchase 40 stream credits from DMS. Due to the wetland impacts at the applicants building site the Corps is requiring mitigation for the wetland impacts per Mr. David Shaeffer. The construction of the sewer line will consist of an open cut trench at all locations except for CH 400. All stream impacts will be temporary, and the wetland impact will consist of permanent conversion from forested to herbaceous totaling 0.015 acre. A 32 linear foot existing culvert will be replaced at impact S3. Extensive coordination has ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Page 2 of 103 VIRONMENTAL occurred for this project including four alignment revisions to avoid as many aquatic resources as possible and avoid as much conservation easement as possible. Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regard�A4 o� regards, 1&hzV'w-' Jennifer L Robertson jrobertson(a-)-atlasenvi.com Digital Copy To: Mr. Alan Johnson, DWR Mooresville Office ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o)/ 828-712-9205(m) www.atiasenvi.com / Offices in Asheville and Charlotte Page 3 of 103 VjI.NMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 26402-1690 -and- NC Division of Water Resources, Water Quality Program Wetlards, Buffers, Streams — Comaliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Ad and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc star, for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisd ction under Section 404 of the Clean Wader Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Charlotte Water Garrison Road Sanitary Sewer Improvement Mecklenburg County Property Owner of Record: The Silverman Group, Mr. Dan Lacz Contact Name: 195 Morristown Road Address: Basking Ridge, NJ 07920 Address: 973-765-0100 x 4063 PhonejFax Number: danlacz@silvermangroup.net Email Address: Garrison Road Project Address: Charlotte, NC 28278 Project Address: 101. 14117112, and 14117111 Tax PIN: n Signature: Date: A TLASEnvironmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, Ncrth Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrolvrtsnn@ati".nA.com wwmatlasenvisom Page 4 of 103 U.S. Army Corps of Engineers — Wilmington District - Regulatory Division ADDITIONAL PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY First Name: Chris Last Name: Matthews Company Name (If applicable): Mecklenburg County Park and Recreation Department Address: 5841 Brookshire Blvd. City: Charlotte State: NC Zip Code: 28216 Phone: 980-722-2404 Email: chris.matthews@meoknc.gov Property PIN #(S) 14118101, 14117112, 14117120, 14117119, 14117111, 14129106, 14117123 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. Chris Matthews 11/22/19 Signature Printed Name and Date Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. October 2019 Page 5 of 103 B34446 - P 224 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2020 Apr 0710:00 AM RE Excise Tax: $ 0.00 Book: 34446 Page: 224 - 240 Fee: $ 34.00 Instrument Number: 2020048449 SANITARY SEWER LINE EASEMENT AGREEMENT from WILLIAM SHAW to SL HORTON ROAD LLC Prepared By/Return to: clo The Silverman Group 195 Morristown Road Basking Ridge, NJ 07920 Attn: Legal Department submitted electronically by "Moore & van Allen, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg county Register of Deeds. Page 6 of 103 Prepared by and once recorded return to: SANITARY SEWER LINE EASEMENT AGREEMENT THIS SANITARY SEWER LINE EASEMENT AGREEMENT (this "Sewer Easement Agreement") is effective as of the 1 day of March, 2020 (the "Effective Date"), by and between WILLIAM SHAW, having an address at 10813 Garrison Road, Charlotte, North Carolina 28278, and his successors and assigns ("Grantor"), and SL HORTON ROAD LLC, a Delaware limited liability company, having an address 195 Morristown Road, Basking Ridge, New Jersey 07920, and its successors and assigns ("Grantee"). RECITALS A. Grantor is the owner of that certain parcel of real property located in Mecklenburg County, North Carolina at 10813 Garrison Road, Charlotte, North Carolina more particularly described on Exhibit A attached hereto and made a part hereof (the "Grantor Property") beneath which Grantee intends to construct a sanitary sewer line sewer lift station to service the industrial building to be constructed by Grantee on the Grantee Property (the "Lift Station"). B. Grantee is the owner of that certain parcel of real property adjacent to the Grantor's Property located in Mecklenburg County, North Carolina at 13137 Horton Raod, Charlotte, North Carolina being more particularly described on Exhibit B attached hereto and made a part hereof (collectively, the "Grantee Property") . C. Grantee has requested and Grantor has agreed to grant to Grantee a sanitary sewer line easement over a portion of the Grantor Property on the terms hereinafter set forth so as to construct and utilize a sanitary sewer line beneath the Sanitary Sewer Area. NOW, THEREFORE, in consideration to be calculated at a rate of of Sixty Two Thousand Five Hundred and 00/100 Dollars ($62,500.00) multiplied by the final acreage of the Sewer Easement Area (as defined herein) and other good and valuable consideration in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties on behalf of themselves and their respective successors and assigns covenant and agree as follows: Page 7 of 103 Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Grant of Permanent Sewer Easement. Grantor, as the owner of the Grantor Property, hereby grants, bargains, sells and conveys to Grantee, as the owner of the Grantee Property, for the benefit of the Grantee Property and the Grantee, and its successors and assigns, agents, representatives, employees, contractors, subcontractors, guests, customers, invitees, licensees, and tenants, and such tenants' agents, representatives, employees, contractors, guests, customers, invitees, licensees, and subtenants (collectively, the "Grantee Beneficiaries'l, a perpetual nonexclusive easement over, under, upon, across and through that portion of the Grantor Property having a uniform width of twenty feet (20') and a varying depth and depicted on Exhibit C attached hereto and made a part hereof (the "Sewer Easement Area"), for the purpose of installing, constructing, connecting to, as well as keeping, using, operating maintaining, repairing, reconstructing, and replacing an underground sanitary sewer line, fittings, clean -outs, manholes, and other related appurtenances, accessories, and/or infrastructure (the collectively, the "Sewer Facilities") located therein and the conveyance of sanitary sewage and waste water through such Sewer Facilities together with a right of access, ingress, and egress over and across the Sewer Easement Area for purposes of performing and undertaking all activities required or permitted to be taken by Grantee and/or the Grantee Beneficiaries pursuant to this Sewer Easement Agreement (the "Sewer Easement"). 3. Maintenance of Sewer Easement Area. The Sewer Easement Area and all improvements therein shall be kept and maintained by the owner of the Grantee Property in good condition and repair and in compliance with all applicable laws, rules, regulations and ordinances. In exercising its rights granted under this Sewer Easement, Grantee shall at all times use reasonable efforts to minimize interference with Grantor's use and enjoyment of the Grantor Property. Prior to entry on the Grantor Property, Grantee shall procure and maintain and shall cause Grantee's contractors and subcontractors to procure and maintain commercial general liability insurance against claims for personal injury (including contractual liability arising under any indemnity contained in this Easement), death, or property damage occurring, with a per occurrence limit of at least Two Million Dollars ($2,000,000.00), which limit may be satisfied by any combination of primary and excess or umbrella per occurrence policies, and naming Grantor (and Grantor's lenders, as applicable) as additional insureds. Grantee shall deliver to Grantor a certificate of insurance reflecting the herein required insurance to Grantor prior to any entry onto the Grantor Property and at reasonable times thereafter upon request of Grantor. Notwithstanding the foregoing, Grantor shall be responsible for the repair of any Grantee installed improvements within the Sewer Easement Area damaged as a result of the negligent or willful actions of the Grantor, its successors and assigns, agents, representatives, employees, contractors, subcontractors, guests, customers, invitees, licensees, and tenants, and such tenants' agents, representatives, employees, contractors, guests, customers, invitees, licensees, and subtenants (collectively, the "Grantor Parties"). Grantor shall advise any contractors, subcontractors or other Page 8 of 103 workmen performing work on the Grantor Property in the vicinity of the Sewer Easement Area of the existence and location of this Sewer Easement. 4. Grant of Temporary Construction Easement. Grantor, as the owner of the Grantor Property, hereby grants, bargains, sells and conveys to Grantee, as the owner of the Grantee Property, for the benefit of the Grantee Beneficiaries, a temporary nonexclusive construction easement over an area 40 feet in width extending 10 feet on either side of the Sewer Easement granted herein so as to allow Grantee access for construction of the Sewer Facilities. Following the completion of the Sewer Facilities Grantee shall restore the area of the temporary construction easement to the condition that existed prior to the granting of this easement and this temporary construction easement shall automatically be terminated without any further force or effect. If requested by Grantor, the Grantee shall execute a formal release of the temporary construction easement in recordable form. 5. Relocation of Sewer Easement. Should any applicable governmental authority or quasi -governmental authority having jurisdiction over the Sewer Facilities, the Grantor Property, and/or the Grantee Property required that the Sewer Facilities be installed in a different location, Grantor and Grantee agree to amend and modify this Sewer Easement Agreement in order to correctly identify the location of the Sewer Easement Area in accordance with the requirements of such governmental or quasi - governmental authority and the actual location of the Sewer Facilities. 6. Covenants _.toRun ,with Land. The terms, conditions and provisions of this Sewer Easement Agreement and the Sewer Easement and rights granted herein shall be deemed covenants running with the land and shall inure to the benefit of and shall be binding upon Grantor and Grantee and their respective successors and assigns. For the avoidance of doubt, upon the conveyance of the Grantor Property or the Grantee Property, the party conveying such Grantor Property or Grantee Property, such that such party no longer holds any right, title, or interest in the Grantor Property or Grantee Property, as applicable, shall no longer have any rights hereunder, and shall be released from all liabilities and obligations hereunder accruing, from and after the date of such conveyance (but shall remain obligated with respect to all liabilities and obligations hereunder 'accruing prior to such conveyance), and anything to the contrary contained herein notwithstanding, such parry's successors and assigns with respect to the Grantor Property or the Grantee Property, as applicable, shall be benefitted hereby and bound hereunder from and after the date of such conveyance; however, that the foregoing clarification shall in no way be deemed to diminish, expand, or otherwise modify the first sentence of this Section 5 and/or the rights and obligations inherent therein. This Sewer Easement shall not be released or amended in any manner without the written consent of the parties hereto and/or their successors and assigns, and which consent shall not to be unreasonably withheld or delayed and must be evidenced by an instrument executed with the same formalities as this Sewer Easement. Page 9 of 103 7. Indemnification. Grantee agrees to indemnify, defend and hold Grantor and the Grantor Parties, as applicable, harmless from and against all claims, liabilities and loss, cost or expenses (including reasonable attorneys' fees), relating to any accidents, injuries, loss or damage of or to any person or property arising from the acts or omissions of Grantee, its contractors, employees, agents or others acting on behalf of Grantee arising from that Grantee's construction activities, repair, use, maintenance, or lack of maintenance, on the Grantor Property. Grantor agrees to indemnify, defend, and hold harmless Grantee and the Grantee Beneficiaries, as applicable, from and against all claims, liabilities and loss, cost or expense (including reasonable attorneys' fees), relating to any accidents, injuries, loss or damage of or to any person or property arising from the acts or omissions of Grantor, or any of the Grantor Parties arising in connection with the Sewer Facilities and/or the Grantee Property. 8. Default. Self -Hell?. In the event Grantor or Grantee fails to perform the maintenance or other work required by this Sewer Easement, or otherwise breaches the terms of this Sewer Easement, the aggrieved party may notify the breaching party and shall specify the deficiencies or the breach. If such deficiencies are not corrected, or the breach not cured, within thirty (30) days after receipt of such notice, then the aggrieved party shall have the right to correct such deficiencies or cure the breach, and recover all actual costs and expenses related thereto from the breaching party. In the event that any breach is of a nature such that the same cannot reasonably be corrected within thirty (30) days, provided that Grantor or Grantee has commenced commercially reasonable efforts to correct the breach and continues to diligently work to correct the breach, said breach shall be deemed to have been cured. Notwithstanding the foregoing, in the event that the failure to perform in the manner required in this Sewer Easement, or the breach of this Sewer Easement, creates an imminent danger of damage to persons or properties, or jeopardizes the continuance of business operations on the Grantor Property or Grantee Property, no notice shall be required prior to the aggrieved party commencing such work or commencing a cure. Any monetary amounts due and payable to the aggrieved party pursuant to this Sewer Easement shall be paid within thirty (30) days from the date the breaching party is notified of the amounts due and shall bear interest after such date until paid at an annual rate equal to 10%. 9. Ownership and Dedication of Sanitary Sewer Facilities. Grantor and Grantee agree that Grantee will cause the construction and installation of the Sewer Facilities and as such, except as expressly provided otherwise in this Sewer Easement Agreement, Grantor hereby grants, bargains, sells and conveys all of its rights, title and interest, if any, in and to the Sewer Facilities unto Grantee and agrees that the same are and shall henceforth be the sole property of Grantee. Grantee, or its successors or assigns, shall have the right at any time to dedicate the Sewer Facilities and to assign the Sewer Easement to the City of Charlotte or any other governmental or quasi -governmental sanitary sewer service provider having jurisdiction thereof, in which case Grantor and Grantee, for themselves and their successors and assigns, agree to cooperate with all reasonable requirements that may be stipulated by such provider in connection therewith. Page 10 of 103 10. Limitation of Rights. frothing herein shall be construed as a gift, grant, or dedication to the general public. The Sewer Easement and rights described in this Sewer Easement Agreement are not intended to benefit parcels of land other than those specifically identified herein without the consent in writing, in recordable form, of Grantor and Grantee. 11. Subordination. Each of Grantor and Grantee shall use its good faith efforts to cause action to be taken to make this Sewer Easement Agreement senior and superior to any mortgage lien or any other matter of title which could adversely affect the rights and benefits granted the other party hereunder. Any deed, lease, security deed, other security instrument, mortgage, or other document hereafter conveying or creating an interest in or affecting any part or all of the Grantor Property or the Grantee Property shall automatically and without further act or deed be subordinated to the terms and conditions of this Sewer Easement Agreement. 12. Entire Agreement. This Sewer Easement Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all and any prior representations, negotiations and understandings are superseded hereby. 13. Notices. Notices or other communications hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested or by delivery confirmation overnight carrier, by personal delivery to the addresses specified above. 14. Governing Law. This Sewer Easement Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the conflict of law principles applicable under North Carolina law. This Sewer Easement Agreement and the Sewer Easement and other rights and obligations granted or allocated herein, as applicable, will be binding upon Grantor, its successors and assigns and will inure to the benefit of Grantee and its respective successors and assigns. 15. Miscellaneous. If any provision of this Sewer Easement Agreement is determined to be invalid, such determination shall not affect the validity or effect of the remaining provisions of this Sewer Easement Agreement, all of which shall continue in effect as if such invalid provision had not been included in this Sewer Easement Agreement. This Sewer Easement Agreement may be executed in any number of counterparts, each of which will be an original and all of which, when taken together, will constitute a single binding instrument. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] Page 11 of 103 IN WITNESS WHEREOF, the undersigned have executed, sealed, and delivered this Sewer Easement Agreement to be effective as of the Effective Date. W ttnesses. Print Name: 'I e / {'1 CDcS/ �rC/ 4 Print Name: STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG GRANTOR: I0d 1 Anr t � (SEAL) WILLIAM SHAW ACKNOWLEDGMENT I, a Notary Public for the State and County aforesaid, certify that William Shaw personally appeared before me and acknowledged that he executed the foregoing instrument in the presence of the above listed witnesses and acknowledged the signing of this document as his free act and deed for the uses and purposes therein expressed. Sworn to and me this _Lrday of March, 2020. ��.•```gHAN p .o Fk4,Fy aOTAR��N4,7 , [Notary Seg] , i,kci Notary Publicjfor North Carolina Name of Notary Public: je,� tea.. j/ • _�� My Commission Expires: CONTINUE ON FOLLOWING PAGE] Page 12 of 103 GRANTEE: SL HORTON ROAD LLC, a Dela limited liability company Witnesses: By: Blake Silverman 1�-'.. c ..,..,.,_... Executive Director Print Name: Kjjm\ hrg Print Name: (Af i ST1 Q STATE OF NEW JERSEY ACKNOWLEDGMENT COUNTY OF SOMERSET The foregoing instrument was acknowledged before me, a notary public this Ij day of March, 2020, by Blake Silverman, as the Executive Director of and on behalf of SL HORTON ROAD, LLC, a Delaware limited liability company, and is the person whose name is subscribed in the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument pursuant to authority duly given, as his/her free and voluntary act, and as the free and voluntary act and deed of said company, for the purposes therein set forth. [Notary Seal] Notar ..._ Pub I c: Printed Name: fiJnQ F,. My Commission Expires: L4UREN R INGLESIM Notary Public of New Jerre Aity`COmmission expires December 1 Commission e# 5omm3 Page 13 of 103 Exhibit A Grantor Property Legal Description (Sek- o,+k,,,,4GA) Page 14 of 103 The Land referred to herein below is situated in the County of Mecklenburg, State of North Carolina, and is described as follows: TRACT A ALL OF THAT CERTAIN PARCEL OF LAND AS SHOWN ON MAP RECORDED IN MAP =:CXT A "A;°G k,' IN THE MECKLENBURG COUNTY PUBLIC REGISTRY. LESS AND EXCEPTING THE FOLLOWING: PORTION OF PROPERTY CONVEYED TO THOMAS W. NEAL AND WIFE BARBARA J. NEAL IN DEED .�YAQ 93-0. LESS AND EXCEPTING THE FOLLOWING: BEGINNING AT A RAILROAD SPIKE IN THE CENTER LINE OF GARRISON ROAD AS SHOWN ON THE SURVEY HEREINAFTER REFERRED TO, SAID RAILROAD SPIKE BEING FURTHER LOCATED IN THE SOUTHERN LINE OF THE PROPERTY CONVEYED TO THOMAS NEAL AND WIFE, BARBARA J. NEAL, BY DEED IN BOOK 6533, PACE 839, MECKLENBURG PUBLIC REGISTRY; AND RUNNING THENCE WITH THE LINE OF THE NEAL PROPERTY SOUTH 58-23-45 EAST 420.00 FEET TO A NEW IRON REBAR, THENCE WITH A NEW LINE SOUTH 34-30-28 WEST 105.00 FEET TO ANOTHER NEW IRON REBAR; THENCE WITH ANOTHER NEW LINE NORTH 58-23-45 WEST 420.00 FEET TO A PK NAIL SET IN THE CENTER LINE OF GARRISON ROAD; THENCE WITH THE CENTER LINE OF GARRISON ROAD NORTH 34-30- 28 EAST 105.00 FEET TO THE POINT OR PLACE OF BEGINNING, CONTAINING 1.011 ACRES, MORE OR LESS, AS SHOWN ON SURVEY BY JAMES I. KOVACS, PROFESSIONAL LAND SURVEYOR, MADE ON APRIL 11, 2002. TRACT B TRACT I: BEING ALL OF MECKLENBURG COUNTY TAX PARCEL * 141-291-03 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT AN OLD IRON IN THE LINE OF THE CRESCENT LAND AND TIMBER COMPANY PROPERTY AS RECORDED IN BOOK 3146, PAGE 165 AND THE NORTH EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILLIAM A.S. SHAW AND HATTIE GARRETT SHAW BY DEED RECORDED IN k T. 9,,—' E -ZPfi, AND RUNNING THENCE WITH THE SAID LINE OF CRESCENT LAND AND TIMBER COMPANY NORTH 810-38'-41" WEST 1134.29 FT. TO A POINT IN THE GARRISON ROAD, THENCE WITH THE GARRISON ROAD SOUTH 480-W WEST 179.04 FT. TO AN IRON, THENCE SOUTH 48--00' WEST 238.00 FT. TO AN IRON, THENCE SOUTH 48°-00' WEST 49.98 FT. TO AN IRON IN THE EDGE OF THE PAVEMENT, THENCE SOUTH 540-38'-10" EAST 228.46 FT. TO AN IRON, THENCE SOUTH 690-W EAST 129.65 FT. TO AN IRON, THENCE NORTH 810-2V-05" WEST APPROXIMATELY 1143.17 FT. TO A POINT IN THE "' Page 15 of 103 WESTERLY LINE OF D. L. PHILLIPS PROPERTY AS RECORDED IN BOOK 2036, PAGE 1, THENCE WITH THE LINE OF THE SAID D. L. PHILLIPS PROPERTY NORTH 50-25'-20' EAST 332.00 Fr. TO AN OLD IRON, THENCE NORTH 000-W-00" WEST 166.00 FT. TO AN OLD IRON, THE POINT AND PLACE OF BEGINNING. LESS AND EXCEPT THE FOLLOWING: PROPERTY CONVEYED BY DEED FROM WILLIAM A.S. SHAW AND WOFE HAITIE G. SHAW TO WILLIAM A. SHAW AND BETTY C. SHAW, RECORDED IN ; Pi i MECKLENBURG COUNTY REGISTRY. PARCEL 2: BEGINNING AT A NEW IRON PIN IN THE CENTERLINE OF GARRISON ROAD, SAID PIN BEING THE NORTHWESTERN CORNER OF THE PROPERTY OF WILLIAM A. SHAW, JR. AND WIFE, BETTY C. SHAW, AS SHOWN IN DEED RECORDED IN BOOK 3778, PAGE 858, MECKLENBURG PUBLIC REGISTRY, THENCE WITH THE WESTERN LINE OF THE SHAW PROPERTY SOUTH 48-00-00 WEST 467.02 FEET TO A NEW IRON PIN IN SAID LINE, THE TRUE POINT OF BEGINNING; THENCE WITH THE SOUTHERN LINE OF THE SHAW PROPERTY SOUTH 54-38-10 EAST 228.46 FEET TO A POINT; THENCE SOUTH 69-00-00 EAST 129.65 FEET TO A POINT; THENCE SOUTH 81-26-05 EAST 1144.40 FEET TO A NEW IRON PIN IN THE LINE OF PROPERTY CONVEYED TO D.L. PHILLIPS BY DEED IN BOOK 2036, PAGE 1; THENCE WITH THE LINE OF THE PHILLIPS PROPERTY SOUTH 05-30-34 WEST 1817.74 FEET TO AN OLD STONE; THENCE NORTH 84- 20-38 WEST 1450.19 FEEL' TO A NEW IRON PIN; THENCE WITH A NEW LINE NORTH 05-03-57 EAST 2023.45 FEET TO THE TRUE POINT OF BEGINNING, AND CONTAINING 2,720,011 SQUARE FEET OR 62.461 ACRES, ALL AS SHOWN ON SURVEY BY JACK R. CHRISTIAN AND ASSOCIATES DATED FEBRUARY 24, 1994. LESS AND EXCEPTING THE FOLLOWING FROM THE AFOREMENTIONED PARCEL TWO: COMMENCING FROM NCGS MONUMENT "BOXER" HAVING NCGS COORDINATES (NAD 83) NORTH=521,885.90 EAST=1,412,977.05 WITH A COMBINED FACTOR OF 0.99984597, THENCE NORTH 60-42'08' WEST 4,879.43 FEET (GROUND DISTANCE) 4,878.69 FEET (GRID DISTANCE) TO A FOUND STONE, SAID STONE BEING THE POINT OF BEGINNING HAVING NCGS COORDINATES NORTH=524,273.27 EAST=1,408,722.41, THENCE WITH D.L. PHILLIPS HEIRS LINE, DEED BOOK 2036, PAGE 01, NORTH 86004'24" WEST 1450.19 FEET TO A SET OF *4 REBAR, THENCE WITH A NEW DIVISION LINE OF WILLIAM A. SHAW JR., DEED BOOK 7766, PAGE 186,. NORTH 3r5 '59" EAST 31.04' FEET TO A POINT IN CREEK, THENCE WITH THE CREEK THE FOLLOWING 68 COURSES, 1) NORTH 27034'15' EAST 79.33 FEET, 2) NORTH 31002'23' EAST 38.94 FEET, 3) NORTH 37-4VW' EAST 27.18 FEET, 4) NORTH 66-17'57' EAST 12.92 FEET, 5) SOUTH 8803837" EAST 34.00 FEET, 6) NORTH 57-4YW EAST 28.63 FEET, 7) NORTH 23014'S0'EAST 34.06 FEET, 8) NORTH 16-04'16' EAST 41.84 FEET, 9) NORTH 31001-05" WEST 32.57 FEET,10) NORTH 21005'44" WEST 28.12 FEET,11) NORTH 09-2701' WEST 25.17 FEET, 12) NORTH 51-18'48" EAST 28.57 FEET, 13) NORTH 80042'29' EAST 17.57 FEET, 14) NORTH 8405814' EAST 41.19 FEET, 15) NORTH 83°06'04" EAST 41.92 FEET,16) NORTH 54-35'57' EAST 44.03 FEET,17) NORTH 39005'31" EAST 29.53 FEET, 18) NORTH 65-14'26" EAST 24.88 FEET, 19) SOUTH 83001'31" EAST 38.84 FEET, 20) NORTH 69-50'40' EAST 41.48 FEET, 21) NORTH 29-07'02' EAST55.80 FEET, 22) NORTH 32-lVO2" EAST 34.02 FEET, 23) NORTH 33-49'45" EAST 15.81 FEET, 24) NORTH 52057'46"EAST 28.45 FEET, 25) SOUTH 83°4672' EAST 36.57 FEET, 26) NORTH 42-39151" EAST 29.24 FEET, 27) NORTH01-26'21' EAST 41.92 FEET, 28) NORTH 01-1630' EAST 48.05 FEET, 29) NORTH 04-15'01" WEST 35.27 FEET, 30) NORTH 24-02'46' WEST 30.87 FEET, 31) NORTH 01-44'38' WEST 27.11 FEET, 32) NORTH 2O-17-14" EAST 19.84 FEET, 33) NORTH 88-32'44' EAST 11.78 FEET, 34) SOUTH 54-IW20" EAST 25.86 FEET, 34A) SOUTH 54018'10" EAST 8.89 FEET, 35) NORTH 60-38'52" EAST 22.22 FEET, 36) NORTH 48-56'26' EAST 22.88 FEET, 37) NORTH 82-0T53" EAST 31.22 FEET, 38) NORTH 73-04'43" EAST 35.76 FEET, 39) NORTH 52-59'57' EAST 42.90 FEET, 40) NORTH 62021'29" EAST 25.40 FEET, 41) NORTH 88.22'S2" EAST 36.23 FEET, 42) NORTH 59.59'25' EAST 38.71 FEET, 43) NORTH58-16'W' EAST 28.39 FEET, 44) NORTH 69-2703' EAST 46.29 FEET, 45) NORTH 87-3Y32" EAST 35.00 FEET, 46) NORTH 82024'04" EAST 35.2-3 FEET, 47) NORTH 74-2934" EAST 42.68 FEET, 48) NORTH 79034'02' EAST 40.95 FEET, 49) SOUTH 88-56'S5" EAST 19.29 FEET, 50) NORTH 72023'39' EAST 28.76 FEET, 51) NORTH 5503477' EAST 58.20 FEET, 52) NORTH 7204718" EAST 30.08 FEET, 53) NORTH 74018'59" EAST 44.20 FEET, 54) NORTH 40-34'S(Y" EAST28.91 FEET, 55) NORTH 64-08'17" EAST 40.73 FEET, 56) NORTH 73039'00' EAST 51.14 FEET, 57) NORTH 40024'09" EAST 37.98 FEET, 58) NORTH 31003'42' EAST 22.80 FEET, 59) NORTH 24015'29" EAST 23.66 FEET, 60) NORTH26023'48" EAST 26.50 FEET, 61) NORTH 4205T46" EAST 35.37 FEET, 62) NORTH 5602212" EAST 27.82 FEET, 63) NORTH 69042'20" EAST 38.37 FEET, 64) NORTH 570-W34' EAST 15.09 FEET, 65) NORTH 35-19'59' EAST 39.94 FEET, 66) Page 16 of 103 NORTH 34-13-13- EAST 37.79 FEET, 67) NORTH 61°51-17- EAST 21.86 FEET TO A POINT IN D.L. PHILIP LINE, THENCE SOUTH 03046-38" WEST 1326.31 FEET TO POINT OF BEGINNING, CONTAINING 25.010 ACRES AS SHOWN ON A SURVEY PREPARED BY C. GARY BROOKS OF ESP ASSOCIATES, P.A., DATED AUGUST 2, 2000, LAST REVISED AUGUST 8, 2000, REFERENCE TO WHICH IS HEREBY MADE. TRACT I BEGINNING AT STAKE IN THE LINE OF CRESCENT LAND & TIMBER CORPORATION PROPERTY, SAID STAKE BEING LOCATED NORTH 81-38-41 WEST 374.66 FEET FROM A CORNER OF CRESCENT LAND & TIMBER CORPORATION PROPERTY AND THE NORTHEAST CORNER OF WILLIAM A. SHAW, JR. AND RUNS THENCE SOUTH 8-21-19 WEST 208.75 FEET TO A STAKE; THENCE NORTH 81-38-41 WEST 417.56 FEET TO A STAKE; THENCE NORTH 8-21-19 EAST 208.75 FEET TO A STAKE IN THE LINE OF CRESCENT LAND & TIMBER CORPORATION PROPERTY, THENCE WITH SAID CRESCENT LAND & TIMBER CORPORATION LINE SOUTH 81-38-41 EAST 417.50 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 2.00 ACRES, ALL AS SHOWN ON SURVEY BY HENRY L. PERNELL, REGISTERED SURVEYOR, DATED MAY 4,1984, REFERENCE TO WHICH IS HEREBY MADE. TRACT II BEGINNING AT A POINT IN THE CENTER LINE OF GARRISON ROAD IN THE LINE OF CRESCENT LAND & TIMBER CORPORATION PROPERTY, AND RUNS THENCE WITH CRESCENT LAND & TIMBER CORPORATION PROPERTY LINE SOUTH 61-38-41 EAST 342.13 FEET TO A STAKE; THENCE SOUTH 8-21-19 WEST 15.0 FEET TO A POINT; THENCE NORTH 81-38-41 WEST 354.56 FEET TO A POINT IN THE CENTER LINE OF GARRISON ROAD; THENCE WITH THE CENTER LINE OF SAID ROAD NORTH 48-00-00 EAST 19.48 FEET TO THE POINT OR PLACE OF BEGINNING. yw Page 17 of 103 Exhibit B Grantee Property Legal Description C 5-0, e- O+tM he0) Page 18 of 103 Legal DescAption Being that certain parcel of land lying and being in the Beriyhill Township, Mecklenburg County, North Carolina, and being more particularly described as follows: COMMENCING at an existing NOS Monument "Horton" having NC NAD 83 (2011) coordinates of N: 530,272.851, E: 1,411,689.07'; thence S 4015T48" W a ground distance of 2,609.80 feet to a 1" existing iron pipe, the POINT OF BEGINNING; said point being the southerly most corner of the Robert L. Brown, Jr. property as described in Deed Book 3790, Page 025 of the Mecklenburg County Public Registry; thence with the Robert L. Brown, Jr. property N 77*18113" E a distance of 830.09 feet to a stone; said point being the southerly most corner of the Robert L. Brown, Jr. property as described in Deed Book 3790, Page 026 of said registry; thence continuing with the Brown property, N 76*11,13" E passing a ' V new iron rod at a distance of 31820 feet for a total distance of 368.20 feet to a point in the center of a branch; thence with the centerline of said branch fifty-eight (58) courses and distances as follows: 1) S 02'41'21" W a distance of 17.98 feet to a point; 2) S 10*5716" W a distance of 15.35 feet to a point; 3) S 40*49'20" E a distance of 21.09 feet to a point; 4) S 57009145" W a distance of 45.62 foal to a point; 5) S 15*58136" E a distance of 24.31 feet to a point; 6) S 43°06'41" E a distance of 47.62 feet to a point; 7) Si-5°06'51 " E a distance of 42.68 feet to a point; 8) S 27" 17119" E a distance of 53.19 feet to a point; 9) S 74°36'53" E a distance of 21.46 fed to a point; 10) S 36°09'22" E a distance of 31.82 feet to a point; 11) S 29°4625" W a distance of 38.53 feet to a point, 12) S 38°40'00" E a distance of 21.23 feet to a point; 13) S 70050' 11 " E a distance of 31.98 feet to a point; 14) S 09°53'35" W a distance of I7.91 feet to a point; 15) N 87°3739" W a distance of 19.63 feet to a point; 16) S 73'38'39" W a distance of 15.37 feet to a point; 17) S 01 040'48" E a distance of 26.43 feet to a point; 18) S 16*15'15" E a distance of 43.22 fed to a point; 19) S 76*19'15" E a distance of 21.74 feet to a point, 20) S 07-03'30" E a distance of 31.62 feet to a point; 21) S 43024'12" W a distance of 30.60 fed to a point; 22) S 23051142" E a distance of 25.80 feet to a point; 23) S 03°28'57" W a distance of 43.49 feet to a point, 24) S 10°17'32" E a distance of 41.41 feet to a point; 25) S 31 °28'56" E a distance of 32.55 feet to a point; 26) S 26*32' 16" E a distance of 33.13 feet to a point; 27) S 63 °2T02" E a distance of 38.08 feet to a point; 29) S 310090370 E a distance of 31.50 fed to a point; 29) S 12°45'45" E a distance of 67.41 feet to a point; 30) S 36°4838" E a distance of 26.73 feet to a point; 31) S 12"2342" E a distance of 40.57 feet to a point; 32) S 32°08'23" E a distance of 54.08 feet to a point; 33) S 06*24'19" W a distance of34.58 feet to a point; 34) S 25002'59" W a distance of 105.13 feet to a point; 35) S 64029146" W a distance of 41.06 fed to a point; 36) S 00*11'56" W a distance of 22.70 feet to a point; Page 19 of 103 37) S 34*59'10" W a distance of 14.11 feet to a point; 39) N 85*31'20" W a distance of 39.25 feet to a point; 39) S 60°08'55" W a distanco of 17.47 feet to a point; 40) S 18*3518" E a distance of 37.59 feet to a point; 41) S 57°24'28" W a distance of 48.39 feet to a point; 42) S 43"5l'41" W a distance of 25.66 fact to a point; 43) S 2rS5' 19" W a distance of 33.28 feet to a point; 44) S 77°57'40" W a distance of 32.41 feet to a point; 45) S 52-35-35" W a distance of 34.56 feet to a point, 46) S 11 ° 1716" W a distance of 25.82 feet to a point; 47) S 06013'41" E a distance of 45.45 feet to a point; 48) S 27°5429" W a distance of 34.23 feet to a point; 49) S 52°09'09" E a distance of 29.70 feet to a point, 50) S 11 n 136" E a distance of 19.73 feet to a point; 51) S 48°23'07" W a distance of 37.55 feat to a point; 52) S 01°5031" W a distance of 68.88 feetto a point; 53) S 05*49058" E a distance of33.38 feet to a point; 54) S 3513715" E a distance of 33.04 feet to a point; 55) S 15128'25" E a distance of 49.87 feet to a point; 56) S 07124142" E a distance of 43.17 feet to a point; 57) S 02°07'54" E a distance of 164.19 feet to a point, 58) S 54*56111" W a distance of 185.85 feet to a point situated on the northeasterly line of Tract 4 "Boundary Survey of 195.200 Acres for Mecklenburg County, A Political Subdivision of the State of North Carolina" as shown in Map Book 38, Page 521 of said registry; thence with Tract 4, two (2) courses and distances as follows: 1) N 56*41113" W a distance of 746.73 feet to an existing nail; 2) N 59°43'26" W a distance of 163.58 Beet to a I"existing iron pipe; said point being the easterly most comer ofthe Mecklenburg County property as described in Dead Book 23229, Page 795 of said registry; thence with the Mecklenburg County property, N 60°03'36" W a distance of 605.61 feet to a %"existing iron rod; said point being a southeasterly corner of Tract 2, "Boundary/Subdivision Survey of P1D 141-191-18" as shown in Map Book 53, Page 849 of said registry; thence with Tract 2 and Tract 1 of aforesaid Map, N 17*59*28" E passing a Wexisting iron rod at a distance of47.92 feet for a total distance of 781.11 feet back to the Point and Place of BEGINNING. Containing 1,856,312 square feed. or 42.6151 acres according to a survey by R. B. Pharr & Associates, P. A. dated November 16, 2017. (Job No. 87527) Page 20 of 103 Exhibit C Sewer Easement Area Description CS ee m44ue,%td> Page 21 of 103 Proposed Shaw Property Sanitary Sewer Easement Description Being that certain parcel of land lying and being in the Berryhill Township, Mecklenburg County, North Carolina, and being more particularly described as follows: Said description below is based on approximation of designed easement relative to recorded property descriptions. A boundary survey was not performed in preparation of this description and no existing sanitary sewer line exists within said proposed 20' easement. The exact location of easement will be determined at the completion of the newly constructed sanitary sewer line. Ten feet each side of the centerline. BEGINNING at a calculated point situated on the westerly line of Tract 4, `Boundary survey of 195.200 acres for Mecklenburg County, a political subdivision of the state of North Carolina" as shown in Map Book 38, Page 521 of the Mecklenburg County Public Registry; thence with Tract 4, S 03°48'09" W a distance of 26.45 feet to a calculated point; thence leaving Tract 4, fivc (5) courses and distances as follows: 1) S 52°55'36" W a distance of 336.69 feet to a calculated point; 2) S 79101119" W a distance of 479.91 feet to a calculated point; 3) S 52°16'29" W a distance of 324.20 feet to a calculated point; 4) S 27°40'25" W a distance of 320.55 feet to a calculated point; 5) S 53°24'55" W a distance of 253.97 feet to a calculated point situated on a line of aforesaid Tract 4 along Beaverdam Creek Tributary 2; thence with Tract 4, three (3) courses and distances as follows: 1) S 80°43'29" W a distance of 11.92 feet to a calculated point; 2) S 51°1948" W a distance of 28.57 feet to a calculated point; 3) S 09°21'O1" E a distance of 4.98 feet to a calculated point; thence leaving Tract 4, two (2) courses and distances as follow: 1) S 53°24'55" W a distance of 101.09 feet to a calculated point; 2) S 06°44'52" E a distance of 115.78 feet to a calculated point situated on a line of aforesaid Tract 4 along Beaverdam Creek Tributary 2; thence with Tract 4, two (2) courses and distances as follows: 1) S 37°49'08" W a distance of 3.66 feet to a calculated point; 2) S 31°03'23" W a distance of 28.44 feet to a calculated point; thence leaving Tract 4, six (6) courses and distances as follows: 1) N 06°44'52" W a distance of 152.44 feet to a calculated point; 2) N 53°24'55" E a distance of 403.51 feet to a calculated point; 3) N 27°40'25" E a distance of 320.34 feet to a calculated point; 4) N 52016129" E a distance of 333.31 feet to a calculated point; 5) N 79°01' 19" E a distance of 480.03 feet to a calculated point; 6) N 52°55'36" E a distance of 349.36 feet back to the Point and Place of BEGINNING. Containing 39,944 square feet or 0.9170 acres. Page 22 of 103 own jrF�ggc o Nii� r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: © Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3/12 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes © No 1 d. Type(s) of approval sought from the DWQ (check all that apply): © 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes © No For the record only for Corps Permit: ❑ Yes © No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. © Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes © No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes © No 2. Project Information 2a. Name of project: Charlotte Water Garrison and Horton Roads Sewer 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: Not a subdivision 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Mecklenburg County and William Shaw 3b. Deed Book and Page No. 23229-795, 14350-408, 24799-269, and 12389-394 (last one is Shaw) 3c. Responsible Party (for LLC if applicable): Not an LLC 3d. Street address: 5841 Brookshire Blvd and 10813 Garrison Road 3e. City, state, zip: Charlotte, NC 28216 and Charlotte, NC 28208 3f. Telephone no.: 980-722-2404 3g. Fax no.: N/A 3h. Email address: chris.matthews@mecknc.gov Page 1 of 10 PCN Form — Version 1.4 January 2009 Page 23 of 103 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent © Other, specify: 4b. Name: Mr. Dan Lacz 4c. Business name (if applicable): The Silverman Group 4d. Street address: 195 Morristown Road 4e. City, state, zip: Basking Ridge, NJ 07920 4f. Telephone no.: 973-765-0100 x 4063 4g. Fax no.: 973-765-0101 4h. Email address: DanLacz@silvermangroup.net 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road # 411 5d. City, state, zip: Charlotte, NC 28721 5e. Telephone no.: (704) 512-1206, (828) 712-9205 5f. Fax no.: N/A 5g. Email address: jobertson@atlasenvi.com Page 2 of 10 Page 24 of 103 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 14118101, 14117112, 14129103, 14129106 1b. Site coordinates (in decimal degrees): ILatitude: 35.17790 Longitude:-80.97809 1c. Property size: 2.18 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT Beaver Dam Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Upper Catawba, 03050101 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions of the review area is mostly forested and undeveloped. The review area is partially located within the Beaverdam Creek conservation easement. The project will require temporary impacts at three stream crossings and one wetland crossing. The wetland is forested. 3b. List the total estimated acreage of all existing wetlands on the property: 0.015 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 165 3d. Explain the purpose of the proposed project: The purpose of the project is to construct a sewer line that will service the planned commercial businesses of Horton and Garrison Roads. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project will require mechanized clearing sewer installation. All impacts, except wetland conversion, will be temporary in nature. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ro'ect(including all priorphases) in thepast? ❑ Yes © No ❑ Unknown Comments: JD request submitted with permit app 4b. If the Corps made the jurisdictional determination, what type of determination was made? PreliminaryFinal © ❑ 4c. If yes, who delineated the jurisdictional areas? Name (If known): Austin BaggarleyJennifer RobertsonJacob Sinclair Agency/Consultant Company: Atlas Environmental Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. a jd was issued for the original sewer line alignment and is attached for your reference 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ©No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes © No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 Page 25 of 103 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): © Wetlands © Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 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 P Excavation Bottomland Hardwood Forest Yes Corps 0.015 W2 W3 W4 W5 W6 2g. Total Wetland Impacts: 0.015 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 T Excavation CH 100 INT Corps 2 37 S2 T Excavation CH 200 PER Corps 3 66 S3 T Culvert CH 300 PER Corps 3 32 S4 T Excavation CH 300 PER Corps 3 9 S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 144 3i. Comments: All stream impacts are temporary excavation for sewer line installation. S3 is an existing culvert replacement. Page 4 of 10 PCN Form — Version 1.4 January 2009 Page 26 of 103 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 indivii ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Tem ora T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 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 miti ation 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 Tem ora T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B 1 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 Page 27 of 103 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. No measures have been taken to avoid or minimize impacts. Poor design of the adjacent road within the easement has created the wetland. The wetland is not natural and is a result of a lack of drainage associated with the ditch. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. No measures have been taken to avoid or minimize impacts. Poor construction techniques within the adjacent easement have created the wetland 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes © No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ ro Payment to in -lieu fee ram y 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 Pro ram 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 40 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.015 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 Page 28 of 103 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 buffer mitigation? Yes No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 Page 29 of 103 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes © No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ❑ Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Land disturbance will be under 1 acre 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local overnment's 4urisdiction is thisproject? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review []Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached. 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 Page 30 of 103 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes © No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes © No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes © No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes © No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. sanitary sewer line Page 9 of 10 PCN Form — Version 1.4 January 2009 Page 31 of 103 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes © No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes © No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC and NC Natural Heritage Program 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ©No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPO Buffer Tool web -based mapping tool, see SHPO comment letter 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes © No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Google Maps FEMA NFHL .kml Layer Jennifer L Robertson �/ 08-28-2020 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 Page 32 of 103 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 8/28/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: The Silverman Group, Dan, Lacz, 195 Morristown Road, Basking Ridge, NJ, 07920 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Charlotte Water Garrison and Horton Roads Sewer, Click here to enter text. D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project location is between Garrison Road and Dixie River Road. The proposed sewer line will connect to an existing manhole near Berewick Elementary School. The sewer line wills serve current and future development along Garrison and Horton Roads. (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: 35.17790 Longitude:-80.97809 Universal Transverse Mercator: Name of nearest waterbody: UT to Beaverdam Creek: Class C E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): multiple dates in 2018 and 2019; most recently 5/22/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non - wetland waters) Geographic authority to which the aquatic resource may be" subject (i.e., Section 404 or Section 10/404) CH 100 35.18298 -80.97555 37 Linear Ft Non Wetland Section 404 CH 200 35.18200 -80.97656 66 Linear Ft Non Wetland Section 404 CH 300 35.17950 -80.97602 41 Linear Ft Non Wetland Section 404 CH 400 35.17782 -80.97753 21 Linear Ft Non Wetland Section 404 WL 1000 35.18290 -80.97566 0.015 Ac Wetland Section 404 Page 33 of 103 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: Page 34 of 103 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: LiDAR, Parcel, Topographic, Aerial ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. GIS Dataset ® USGS 8 and 12 digit HUC maps. GIS Dataset ® U.S. Geological Survey map(s). Cite scale & quad name: GIS Dataset ® Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey Website_ ® National wetlands inventory map(s). Cite name: GIS Dataset ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Google Maps FEMA NFHL KML _ ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): 2018 or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Click here to enter a date. August 28, 2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 35 of 103 �. ae �e,e NWwt OeMSW CNe LN tOD NORM WiMIIN Re gNEHINE lLye1 37 FOOT PJDIOM1 35.15S9X �M0.91555 CH B0O NOk1H GROLIIN R3 NNER NE LM1xrr 55 FOOT PJ— 35.1eBO100O -00.B]B55p00 CH 300 NORM CMOLINA R3 gIVERINE 1FOOT Pi— 351)850000 dO.9]80301p LN /00 NOR]NGMM R3 RIVERNJE Llmer BI FOOT PJOeDI 35.1))8�00 d0.O]]5bW WL 1000 NORM LMOLNU PFO OEPIIEBR Nee O.015RORE p'.. 35.iBtB0000 2O9]558J00 Page 36 of 103 LEGEND SYMBOLS Avxrt, (wns0 /�� pwm�t a awK Oa0 —�� IxAeRe — ]� Av so au R Ivwul �� ------------- .. aw EAsmIT o ,Rls E swn w fPS,. SrxL St>q Yuuq[ SHXME •=�— ,� rpTE BNn ,mEl —�— ID (NpsEJ uumL roB. Rwp a Ev¢ eEewe O �� per—+Br—,gc.. ��� aRs va[M saE rm.., d rw lmEs¢ 0 rA urn PNao Lvn. tool— rinsa� (s,u,u �— vNv. 5u. artn YNM[ sRRIFRR A>xPxx,RGT rn aoEp, ,pI¢ w Fp m zn aq spwuK T. — , aw BAa reEl w.wYu,w MaL ,.rp NO IRN FM,—-==a=.ow===r oP«Mr ptmRw so_- , � ,m p eua InAI pLLROIaLro <aL DECIRc � o wu Rw 0 MUNICIPALITY: CHARLOTTE NCDOT ENCROACHME IABER CHARLOTTE WJ)TER CHARLOTTE, NORTH CAROLINA SANITARY SEWER SYSTEM IMPROVEMENTS CLT INTERMODAL DISTRIBUTION CENTER DESIGN COMPANY: PUNS PREPARED BY: ORSBORN ENGINEERING GROUP, P.A. NAME: JEFF ORSBORN, PE. ADDRESS: 605 LUINGTON AVE., SUITE 301, CHARLOTTE, NC, 28203 E-MAIL: jorsborn@orsbornenlF4oN PHONE:(704)749.1432 FAX: (704)749-1433 DATE DESIGN COMPLETED: AUGUST24,2020 SURVEY COMPANY: SURVEYED BY: R.B. PHARR& ASSOCIATES, P.A. NAME: JUSTIN F. CLONINGER ADDRESS: 420 HAWTHORN LANE, CHARLOTTE, NC, 282M E-MAIL ].Mint@bph4 .tom PHONE: (704) 376-2186 rW 4. DATE SURVEY COMPLETED: NOV. 16, 2017 DEVELOPER: SL HDRTON ROAD, LLC NAME: DAN LACZ < r ADDRESS: 195 MORRISTOWN RD, BASKING RIDGE, NJ, 07920 PHONE; (973)765-000 E-MAIL: d,Ml @siNRrmangroup. CONTRACTOR:- F PLAN REVIEWER: RICK BUNTON INSPECTOR:- INSIDE CHARLOTTE: (X) YES I I NO TOM NO: 187,245 CONSTRUCTION SHALL BE IN ACCORDANCE WITH CHARLOTTE WATER STANDARD SPECIFICATIONS. GRAPHIC\I R INDEX OF SHEETS S NV.I SHEET NO.2 CUVLH SHLLI PERMIT SHEET SHEET NO.3 SANITARY SEWER PLAN&PROFILE SHEETEXSSMH-SSMHD6 SHEETNO.4 SANITARYSEWER PLAN &PROFILE SHEET SSMH06-SSMH10 SHEET NO.5 SANITARY SEWER PLAN &PROFILE SHEET 55MH100.5SMH14 SHEETNO.6 SANITARY SEWER PLAN &PROFILE SHEET SSMH14-SSMH19 SHEET NO.7 SANITARY SEWER PLAN& PROFILE SHEET SSMH I9-5SMH22 SHEET NO.9-13 TRUNK LINE - CROSS SECTIONS sJ 4AmLov ra.wnw aowcxwrs rs ro, vuT or ms a<w. eumo O cwvwwA— -- W- La:ulps awa A a-vsnTru a) mrs w rm _ w_UY xATw srAroums uo q u�i wxxn,c,ws wwc w arr utw rRo[crs u¢ aaueo ro ax A tour a n[ Nap N ion s,N,A4, xxw Nrw a wsTuxm wuw ,r w Ntr pac 1�wa.u'A0: °w�Noa�ritrms:.rr,lw .,xcu c.s wwa mE cwr..ctw wu .aw .. u ,r IroA) Ma-sxs Ru Lawnws Aa wNrowArz ANP Aa —IT ,o axouaw a.E ,4) sueUr >K worwn Ua' pace ,ncnm F.to runs ro a,(a�acT U) wuw � r w, uAws u) pX vPt ao rw x'xm DTI aawlm rw Bom w,rzn a sAN,Mr a uc Iror ury atu,N¢3 56MA,Nx w anu,rt p,acs}rAt�ER IK vMAu¢ ,o AMR Lk (w te' vw,Ku I �<) :woa. rzs,wo. «N, a�Al..c w n.a >o <N4xo.» o.rs .ww ro aalml4wp .K r.E „) p4N ,raw apt..E <wa,wr<,w wNw ro r,rz, NAw wsNumw '°) ;BAN, .pNLAw Np� °°`°° EREKRnaN rw aKr 7 ANNw,L NR,A..c „) x _ ,.ors :».LL wpPa u aLE.rz .TFA xm .I— w,»wEaw.. x �.o ff a.,,� a a..ALm. p.pawP w M oo.proN ,. x.J wcatwnm s s,A ursl, r ` a unrnExs uvEss omww4 wrzo. xs) m 11) ra HnYArz E=T AoaXuwT IArs, a REompn Na mE nn .cNa,xpa xo. 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F.MMMOMMIMM IRS. .■EMMOMa■i■.■■■■memo■. .■■■.. ■i�aaaaaaaaa■. . ■■■■■aaaa�aaa.,' LEGEND SYMBOLS ,wxxLlQ�aa� — — wa( RAlwc OAd ew Sq eN oavaw PxlarM) �� t7 .x maawwR,r _____________ gx el `aEI�E�wIT O �leB ..n YNw ms (sNnxN Feu bsr. 5N[ SLaR BllexlE 11NKME �—s Y� RM Nm rlrtl �_ vuwt lrq[fl aaeW maeE 0 �� NwsL IdW. e[Axo w Lra �-,e. ... wN,[� 0 — u uw Ixxe9P mr wa) � 14sNR0 (s,Nrwr s[v - u Nrwwz FBecM[ 41F® RawnR �n lat IBHq nA Fn s1C[Ru T , e010.N1 rw[I 4 w dPsc sm Fro !_l m a euw Im) . 7-1 uBPMNIw mDwE—+H—.,� CLT CHARLOTTE W6TER CHARLOTTE, NORTH CAROLINA SANITARY SEWER SYSTEM IMPROVEMENTS INTERMODAL DISTRIBUTION CENTER o ..., . B..SSV e' SS NIT K B9'W ]>1 t- 84 S9J w N1J' J1 3'W )QSeLT 1; M20' J4' \ 217.i2V 12- ' S54' 24' 2 217.72V 12- SS Se4' 24' 231 PMRow F41BR l[RR 1 Pon« ]el -Oa 4. 1` 12'. nme ux]w]cxrsxazxmo[uxurzoxlae.ti[.urcmxlmuomrouex rwanrwmn[. \ 5-51'18-E MUNICIPALITY: CHARLOTTE NCDOT ENCROACHMENT NUMBER \ 450.17- 1-24 HIS 3! )2'E DESIGN COMPANY: x)J' ST n PIANS PREPARED BY:ORSBORN ENGINEERING GROUP, P.A. NAME: 1EFF ORSBORN, PE. iRNe ADDRESS: 605 LEXINGTON AVE., SURE 301, CHARLOTTE, NC, 28203 E-MAIL: jorsbornpOrshorn�lg.com P1�1Y5E .�w NJI p 6' 46' PHONE: (7041749-1432 FAX: (704)749-1433 DATE DESIGNCOMPLFTED: AUGUS724,2020- � r \ II wp SURVEYCOMPANY: s 1 145.37V 12SS ][ Ix 4q )2V 12' H)4- 38' ,2-E � 5) SURVEYED BY: R.B. PHARR&ASSOCIATES, P.A. NAME: lUSTIN F. CLONINGER ADDRESS: 420 HAWTHORN LANE, CHARLOTTE, NC, 28204 —All: juslinc@rbpharr.com 211.491 12 S$\ wlp PHONE:()OB) 376-2196 xO, xl z41-m N"P DATE SURVEYCOMPLETED: NOV. 16,2017 t95.14V tT DEVELOPER: c. .14 5[x =9' ,oe F 1m-4a-see" w o E 4i«SE aItY�M-�[ 12.BOV B' S5 � 57 46' 37'E A ?V 51' 45 SS tB' S)' .SS 1el I, I SZLT e' Ss . �• .E w�e x2D' J.' ae•w ��� �I;I WRIWY 1 1208. 1 12' VS ON31- IV 44-C \ll 1«n 40.nLF Iz' IN41' SB' 20'E \ SL HORTON ROAD, LLC NAME: DAN LAU ADDRESS: 195 MORRISTOWN RD, BASHING RIDGE, NI, 07920 PHONE: 1973I 76"100 E-MAIL EanlaczLwsilvermangroup.nee ro II«-tnb•� Q04:> rMI /1 CONTRACTOR: - PLAN REVIEWER: HICK BUNTON INSPECTOR:. _ (' INSIDE CHARLOTTE: Ix) YES( I NO /� wRaa-ns"sz I TOPO NO: 187, 245 1 CONSTRUCTION SHALL BE IN ACCORDANCE WITH CHARLOTTE CRAPHIC \IF. SHEET N0.2 PERMITSHEET SHEETN0.3 SANITARY SEWER PLAN&PRO FILE SHEET EXSSMH-SSMH06 SH EET NO SANITARY SEWER PLAN & PROF ILE 5HEETSSMH06-SSMH10 SHEET N0.5 SANITARY SEWER PLAN &PROFILE 5 EETSSMHIO-55MH34 SHEET N0.6 SANITARY SEWER PLAN&PROFILE SHEETSSMH14-SSMH19 SHEET N0.7 SANITARY SEWER PLAN &PROFILE SHEET SSMHI9-SSMH22 SHEET NO. 8-13 TRUNK LINE - CROSS SECTIONS n cwro a[sr`�m, a'wrm e°ou[o�:+aix`rrExoma m R'w: u cwwxrsuP`auw.�ixrmilE"asp«"ExiorW w,warxlclw —I,sswm m B x,RR N Wa N« « — xOT BE x, .1 to e.Oma rw REwEw cwnw,wrn uio/oR lHld Ea.nals xzua , r[-sueunu p Wra ,1 .n. 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SUMMARY OF WATER MAINS & FIRE HYDRANTS SUMMARY OF SEWER MAINS & MANHOLES SIZE LENGTH SIZE LENGTH SIZE LENGTH SIZE LENGTH 12" 3,264 8" 1567 TOTALNO. OF FIRE HYDRANTS: TOTAL NO. Of MANHOLES: 22 TOTAL NO. LOTS SERVED: TOTAL NO. LOTS SERVED. PROTECT NAME: OT IMERMOD4L DIMBDDON CENTER PROIECTNAML dTIM[RMOpudsTRlBVrp WER lOB —...IA TDB NO: 10019-S21 DATE OF ACTVATION: DATE OF ACTIVATION: DATE AS BUILT: BY: DATE AS BUILT: BY: APP-1001 FOR NON-DI—E PERMIT GM-MERMEItTENNON N MNCHARLOTIEWATER PRaFR-1 aFFEBASIN [LTwater M.Ew COEumODSgH []MlOMnOx I]MDan(A1bN aPfRMn xo. 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Nit] MMMEMEM. ..■■■■UNINIONIME, z:iC:igo!INS �l::::::I U :::=::MMM■MMll................ 32.W 33aW U.. 3— 610 $� 8 yAxaAe �- R ggP 6w 3 59J � / n I m Q Fa 1 1 A _ S,o 'CALE ---a 4 rr,lPnl� �cnl.r Q•� t \ ^ Oaseoau Eu0lrv[[awO Gaoua \ —0—s(sm5) CHARLOTTE WATER WJ)TER CHAR1,09'PH, \OHTH CAROLINA � 12" & 8" SANITARY SEWER TO SEK E I•• rwl a CLT INTERMODAL DISTRIBUTION CENTER TRUNK LINE (SSMH14-SSMH19) -- -R wrwRoxs arwar 4\ tsw rs a .Duna v� am amo onaoao� ; b PP-Ln-T r--- ------- I ORSnaRRERaiR E—GGROUv SFmo —ROVM (SF S) l.-. • CHARLOTTE WATER W`TER ([iAH[.arre. \OKTH C'AROLINA - 12" Q 8, SANITARY SEWER TO SLRE rux CLT INTERMODAL DISTRIBUTION CENTER . .Ls(—n) r'rc TRUNK LINE (SSMN19—SSMN22) rrojeci ivame: uarnson ana norcon Koaas Sewer %Lrfly�9 A C Location: Garrison Road Charlotte NC, 28278 IRONMENTAL 2 of 5 Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 Page 58 of 103 Legend O Review Area O Meck. Co. Parcels Streets - - Power ROW DMS Easements Contours: 2 Ft Delineation Intermittent Perennial O Wetland 3of5 Aquatic Resource Sketch Map Potential Non Wetland CH 2O0, - 66 LF Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Potential Non Wetland CH 100, - 37 LF W11/i/iRlum-wimpLaoin' ential Wetland Date: August 26, 2020 50 100 150 200 Page 59 of 103 ,'.._ ..I_.i.. l..l.1. Legend O Review Area O Meck. Co. Parcels Streets - - Power ROW DMS Easements Contours: 2 Ft Delineation Intermittent Perennial Wetland Culvert Potential Non Wetland CH 300, - 41 LF Culvert - 32 LF Open Channel - 9 LF Aquatic Resource Sketch Ma 0 IMr. J 50 100 150 200 .. J Project Name: Garrison and Horton Roads Sewer S Location: Garrison Road Charlotte NC, 28278 IRONMENTAL For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 Page 4 of 5 Page 60 of 103 uatic Resource Sketch Ma Legend O Review Area Meck. Co. Parcels Streets Power ROW DMS Easements Contours: 2 Ft Potential Non Wetland Delineation Ch 400, - 21 LF Intermittent Perennial 0 Wetland �.S IRONMENTAL 5of5 Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 50 100 150 200 Page 61 of 103 141281 14128101 14116102 14116103 16104 111 Parcel Ma J118165 14128102 \ I // Q> 14118101 14129102 14129103 6120 1:1 2? 105 5 _ —. — 6123 Legend O Review Area Streets - - Powerline ROW O Meck. Co. Parcels DMS Easements 01 IRONMENTAL 14129101 14117112 14118102 1411 - - -. -.. 14117 147117111 14117130 0 Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 14110 200 400 600 800 IFt Page 62 of 103 USGS To o ra hic Ma a •°'� --� 5 cb 1 S� S 7 p.r"4Nt �.. s. N. a• ` 1 Legend Review Area Streets � � ,1� '� '� _ Powerline ROW--'`-- �;-�'��-� O Meck. Co. Parcels,�`'`+�r'r�! DMS Easements '� �` •, USGS Topo ( v '. 0 200 400 600 800 Ft ti.. �,,` '�, ' ,.—_ NONE Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 IRONMENTAL For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 Page 64 of 103 USGS Topographic MaP X, � - "I tm V2 � Jf \.�•ti �I j, `\� y� ,! 4 I�` R.� <_� t f r °i` {�> C� /f C/,i sij f� �i � �- .Cr w � �t0�, J� Kf Of 011 1? N V, 2� T , Nf ) W- w J 12" 10. / �� _ III // 4,-* Legend O Review Are \7 INI� a ti if 0 0.25 0.5 0.75 1 mi USGS Topographic H1. Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 MENTAL For: Charlotte Water / The Silverman Group Coordinates: 35.17790, -80.97809 Date: August 26, 2020 Page 65 of 103 Mount Holly USGS Quadrangles Island Lake Derita Belmont Legend O Review Area O Mecklenburg County O USGS Quad Wylie Charlotte West 0 Fort Mill Charlotte East 0.5 1 1.5 2 Mi Project Name: Garrison and Horton Roads Sewer IRONMENTAL Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 tDate: August 26, 2020 Page 66 of 103 Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 Page 67 of 103 Legend O Review Area Streets - - Powerline ROW O Meck. Co. Parcels DMS Easements GIS Streams O GIS Waterbodys IRONMENTAL National H ranhic Dataset 1 11 '11 .11 :11 Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 1 For: Charlotte Water /The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 Page 70 of 103 -- �, -------------- a1 13 0. araam C=+ah c s Surface Water Clauificaticnx Stream Index: 11-126-1 ti.:rrt.. 6 ��- Stream Name: Legion Lake and Sheaf , Lake o MDescrvt*-a Entire lake and conne:ting stream to o Beaverdam Creek General Location h Classifca-bon C Date of Cdass: August 31, 1974 of Review Area r r „ �' g River Basin Catew3a ' rA.cct.M `hat does tHs Moreinfo ens I Class. mean, n ` Zoom -o -• 1 483tp_ As/.ch 931/ f{e Health Pr a A CitvOf Charlotte, NC, Counrr of Gaston, State of Noah Carolina COT, Esri 0 rni j\ , . a _ ko ll` . HERE, Garmin- 11RONMENTAL Project Name: Charlotte Water Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water Coordinates: 35.17790,-80.97809 Date: April 20, 2020 Page 71 of 103 National Wetland Inventory 0 �a �7 ytia tea• a� f �a Legend ---................... ...... O Review Area ......._ -' - ...... Streets - ...... - '-' - - _ _ - - Powerline ROW- _ 0 Meck. Co. Parcels DMS Easements NWI PFO/PSS 0 POW 0 200 400 600 800 Ft Riverine - = - Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 inONMENTAL For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 Page 72 of 103 ,rare Ate fiewerdam S.,f-. WA - I 1 126.; N— Leg— -.k. a— ^h—f Lake_ Em,* lake anc Approx. Review Area B--d— ---k C Date of Clasm. A.q.n 31 1974 VVh at d— 'M More 'i. Clam mean' Rxk R,e, Bmm camwba Z-- to he -**rick N10 W. V 0411 It Rd -t' smpft. Shopton sq- 44b" 95 ry y Z - ShAwdly K'; hitr -2rri City Of Charlotte, NC, County of Gaston, 0 Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 (7Ai nONMENTAL For: Charlotte Water / The Silverman Group Coordinates: 35.17790, -80.97809 Date: August 26, 2020 Page 73 of 103 Soil Map —Mecklenburg County, North Carolina 501500 501600 501700 501800 501900 IT! 502100 502200 502300 PaE 8 S a MO ID2 s // —7 Pa E oil I -- �— 501500 W", I0 a 501800 1111, 500000 502100 502220D 50230D Map Scale: 1:5,990 if printed on A portrait (8.5' x 11") street. Meters 1N 0 50 100 200 300 Few USDA Natural Resources Web Soil Survey 0 250 500 1000 = National Cooperative Soil Survey Mapprojecbon: Web Mercator Canermadinates: WG.S84 Edge tics: UTMZone17N WGS84 Conservation Service P Y Project Name: Garrison and Horton Roads Sewer Project Garrison Road Charlotte, NC 28278 RONMENTAL For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 261agQ2Q03 MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons s-♦ Soil Map Unit Lines 0 Soil Map Unit Points Special Point Features V Blowout Borrow Pit X Clay Spot w. Closed Depression Gravel Pit Gravelly Spot Landfill J6 Lava Flow Marsh or swamp ski Mine or Quarry Miscellaneous Water Perennial Water c� Rock Outcrop + Saline Spot 8 %: Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot "I"AIRONMENTAL MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:24,000. Stony Spot Very Stony Spot Warning: Soil Map may not be valid at this scale. Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil Other line placement. The maps do not show the small areas of Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation i i ► Rails Source of Map: Natural Resources Conservation Service Web Soil Survey LIRL: ,y Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background ■ Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 19, Jun 4, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Oct 28, 2018—Oct 30, 2018 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Map Unit Legend Map Unit Symbol I Map Unit Name I Acres in AOI I Percent of AOI CeD2 Cecil sandy clay loam, 8 to 15 0.7 18.3%1 percent slopes, moderately I eroded DaD Davidson sandy clay loam, 8 to 0.0 0.1% 15 percent slopes EnD Enon sandy loam, 8 to 15 0.0 0.1% percent slopes MO Monacan loam, 0 to 2 percent 1.0 25.2% PaE slopes, frequently flooded Pacolet sandy loam, 15 to 25 percent slopes 2.3 56.3% 100.0% Totals for Area of Interest 4.1 IRONMENTAL HUC 12 Watersheds 030501011405 Fites Cre k Catawba Rive 030501011404 7 r Paw Creek -Lake Wylig C Legend Review Area Mecklenburg County HUC 12 IRONMENTAL 71505 Wylie 030501 11406 ke W lie -Catawba River 930501030108 ,SCSteele Creek Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 030501030103 ,SCUpper Sugar Creek Date: August 26, 2020 030501030101 Irwin Creek 0- ,SCLittle 0.5 1 1.5 2 Mil Page 78 of 103 HUC 08 Watersheds 03050101 pper Catawba 03050103 Lower Catawba Legend O Review Area O Mecklenburg County 0 0.5 1 1.5 2 Mi O HUC 08 - Project Name: Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 IRONMENTAL For: Charlotte Water / The Silverman Group Coordinates: 35.17790,-80.97809 Date: August 26, 2020 Page 79 of 103 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00162 County: Mecklenburg U.S.G.S. Quad: NC- Charlotte West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: The Silverman Grout) Dan Lacz Address: 195 Morristown Road Baskine Ridge, NJ 07920 Telephone Number: 973-765-0100x4063 E-mail: danlacz(a)silvermangrout).net Size (acres) 2.67 Nearest Town Charlotte Nearest Waterway Beaverdam Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.1779 Longitude:-80.9780 Location description: The review area is between I-485 and Garrison Road to the east and west and Horton Road and Dixie River Road to the north and south. P1Ns: 14118101,14117112, and 14117111. Indicate Which of the FollowinE 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 12/23/2019. 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. El 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 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once Page 80 of 103 SAW-2018-00162 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 (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaefferna,usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary iurisdictional determination form dated 02/03/2020. 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 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by SHAEFFER.DAVI D.LEIG H.1260750573 Corps Regulatory Official:U:5f• Date: 2020.02.03 11:52:24 -05'00' Date of JD: 02/03/2020 Expiration Date of JD: Not applicable Page 81 of 103 SAW-2018-00162 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: Atlas Environmental, Inc. Jennifer Robertson Address: 338 South Sharon Amity Road, #411 Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: 6robertsonODatlasenvi.com Page 82 of 103 ISTRATIVE APPEAL OPTIONS AND PROCESS AND EQUEST FOR APPEAL 011 Applicant: The Silverman Grou , Dan Lacz File Number: SAW-2018-00162 Date: 02/03/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ® I PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.armv.miI/Missions/Civil Works/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 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 II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 83 of 103 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTWT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. 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 I OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Page 84 of 103 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/03/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: The Silverman Group, Dan Lacz, 195 Morristown Road, Basking Ridge, NJ 07920 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Charlotte Water Garrison and Horton Roads Sewer, SAW-2018-00162 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is between I-485 and Garrison Road to the east and west and Horton Road and Dixie River Road to the north and south. PINs: 14118101, 14117112, and 14117111. (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: 35.1779 Longitude:-80.9780 Universal Transverse Mercator: Name of nearest waterbody: Beaverdam Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ®Field Determination. Date(s): 12/13/2019 by the Corps TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable CH 100 35.18298 -80.97555 25 Linear Ft Non Wetland Section 404 CH 200 35.18200 -80.97656 29 Linear Ft Non Wetland Section 404 CH 300 35.17950 -80.97602 22 Linear Ft Non Wetland Section 404 CH 400 35.17782 -80.97753 20 Linear Ft Non Wetland Section 404 CH 500 35.17728 -80.97924 24 Linear Ft Non Wetland Section 404 WL 1000 35.18291 -80.97566 0.012 Ac Wetland Section 404 WL 1100 35.18093 -80.97657 0.021 Ac Wetland Section 404 WL 1200 35.17734 -80.97911 0.007 Ac wetland Section 404 WL 1400 35.17670 -80.98031 0.011 Ac Wetland Section 404 Page 85 of 103 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: Page 86 of 103 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Pages 1-5 dated 12/23/2019 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the ❑Corps navigable waters' study: ®U.S. Geological Survey Hydrologic Atlas: Nationalmat).gov ®USGS NHD data: ®USGS 8 and 12 digit HUC maps: El U.S. Geological Survey map(s). Cite scale & quad name: ®Natural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soil Mat) Units Mat)service ®National wetlands inventory map(s). Cite name: USFWS NWI Mat)service ❑ 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): 11 Photos undated []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.12 60750573 Date: 2020.02.03 11:52:54 -05'00' Signature and date of Regulatory staff member completing PJD 02/03/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. if the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 87 of 103 iRONMENTAL Project Name: Charlotte Water Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 1 For: Charlotte Water Coordinates: 35.17790,-80.97809 Date: January 23, 2019 Updated: December 23, 2019 Page 89 of 103 Legend Review Area Parcels Streams ® Wetlands Contours 2 Ft Aquatic Resource Sketch Map yNC DWR Stream ID I V Intermittent Potential Wetland (PEM) WL 1000, -0.012 Ac Potential Non -Wetland CH 100, -25 LF Upland Data Form k i� Wetland Data Form (PEM) JNC DWR Stream ID Perennial Potential Non -Wetland CH 2O0, -29 LF Potential Wetland (PFO) WL 1100, -0.021 Ac 0 100 200 300 Ft Form Locations Project Name: Charlotte Water Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 1 For: Charlotte Water Paae 3 of 5 1 Coordinates: 35.17790,-80.97809 Date: January 23, 2019 Updated: December Pale �a of 103 IPotential Wetland (PSS) WL 1200, - 0.007 Ac Potential Non -Wetland CH 500, -24 LF Legend Review Area o Streets 0 Parcels — Streams Wetlands Contours 2 Ft - - Powerline ROW Form Locations Aquatic Resource Sketch Map Potential Non -Wetland CH 400, -20 LF Wetland Data Form (PSS) Upland Data Form REMEMBERS O NJ L Potential Non -Wetland CH 300, -22 LF 0 100 200 300 Ft Project Name: Charlotte Water Garrison and Horton Roads Sewer Location: Garrison Road Charlotte NC, 28278 unONMENTAL For: Charlotte Water Coordinates: 35.17790,-80.97809 Date: January 23, 2019 Updated: December 20h9 0JP f 103 Paae 4 of 5 Legend Review Area o Streets Parcels Streams Wetlands Contours 2 Ft - - Powerline ROW Form Locations inONMENTAL Aquatic Resource Sketch Map Potential Wetland (PFO) WL 1400, -0.011 Ac Project Name: Charlotte Water Garrison and Horton Roads Sewer MITI.ETTIM I M R, 0671111 El im Upland Data Form 0 100 200 300 Ft I Location: Garrison Road Charlotte NC, 28278 1 For: Charlotte Water Coordinates: 35.17790,-80.97809 Date: January 23, 2019 Updated: December Pd,2 32 of 103 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton May 10, 2019 Jennifer Robertson Atlas Environmental 712 English Tudor Lane Charlotte, NC 28211 Office of Archives and History Deputy Secretary Kevin Cherry Re: Extend Sewer Line, Berewick Elementary School on Dixie River Road to Service Development on Garrison and Horton Roads, Mecklenburg County, ER 19-1390 Dear Ms. Robertson: Thank you for your letter of April 8, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, V✓Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Page 93 of 103 NC'. DWO Stream Identification Form Version 4.11 Date: 04120/2020 Project/Site:CH too Charlotte Water Latitude: 35•18298 Evaluator:A Baggarley, J RoJ Sinclair county: Mecklenburg Longitude:-80.97555 Total Points: 21 Stream Determination (circle one) Other Charlotte West Stream is at least intermittent if 219 or perennial if z 30* Ephemeral Intpprrt�ittent Perennial 7I e.g. Quad Name: A. Geomorphology Subtotal = 14 Absent Weak Moderate Strong 18, Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1 1.5 10. Natural valley 0 0.5 1 1 1.5 11. Second or greater order channel No = 0 1 Yes = 3 artificial ditches are not rated; see discussions in manual B_ Hvdminav (Suhtntal = z_S ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 1 0 1 0.5 1 1 1 1.5 17. Soil -based evidence of high water table? I No = 0 1 Yes = 3 (- Rinlnnv (Suhtntal = 2_4 1 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: CH 100 Intermittent 2 1 1 2 2 2 1 1 1 1 0 1 0 1 0.5 1 0 1 1 0 0 0.5 0 1 O 0 Page 94 of 103 NC DWO Stream Identification Form Version 4.11 Date: 04/20/2020 Project/Site:Charlotte Ch 200-400 Latitude: 35.18200 Evaluator:A Baggarley, J RaJ Sinclair county: Mecklenburg Longitude:-80.97656 Total Points: Stream is least intermittent 32 Stream Determination (circle one) Other Charlotte West at if Z 19 or perennial if 2:30" Ephemeral Intermittent PeVnial e.g. Quad Name: A. Geomorphology Subtotal = 34.5 Absent Weak Moderate Strong 18* Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 artificial ditches are not rated; see discussions in manual R_ Hvdrnlnnv (Suhtntal = ca_c ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 1 0 1 0.5 1 1 1 1.5 17. Soil -based evidence of high water table? I No = 0 I Yes = 3 C_ Rinlnav (Suhtntal = 6_S 1 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: CH 200 - CH 500 Perennial 3 2 2 2 2 2 2 1 1 1.5 0 3 1 1 0.5 1 3 2 1 1 0 0.5 1 1 O O Page 95 of 103 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Charlotte Water Garrison and Horton Roads Sewer City/County: Charlotte/ Mecklenburg Sampling Date: May 2020 ApplicanUOwner: Charlotte Water/Mecklenburg County State: NC Sampling Point: WL7000 Investigator(s): A Baggarley J Sinclair Section, Township, Range: Charlotte Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): Convex Slope (%): 2 Subregion (LRR or MLRA): LRR P, MLRA 136 Let: 35.17572 Long:-80.98211 Datum: NAD 83 Soil Map Unit Name: Monacan NWI classification: Freshwater Forested Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology NO significantly disturbed? Are "Normal Circumstances" present? Yes No X Are Vegetation Soil or Hydrology NO naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: See attached climate data (WETS tables) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is reauired: check all that apply) —Surface Soil Cracks (136) _ Surface Water (Al) —True Aquatic Plants (614) —Sparsely Vegetated Concave Surface (B8) X High Water Table (A2) X Hydrogen Sulfide Odor (Cl) —Drainage Patterns (B10) X Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) X Moss Trim Lines (616) X Water Marks (131) X Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) —Sediment Deposits (B2) _ Recent Iron Reduction in Tilled Soils (C6) X Crayfish Burrows (C8) _ Drift Deposits (63) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (64) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _ Iron Deposits (B5) _Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (69) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (135) Field Observations: Surface Water Present? Yes No X Depth (inches): 0 Water Table Present? Yes X No Depth (inches): 12 Saturation Present? Yes X No Depth (inches): 8 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland Data form is for Wetland 1000 US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 Page 96 of 103 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: 1000 Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. P/atanus occidentalis 10 Yes FACW Number of Dominant Species 2. Liquidambar styraciflua 10 Yes FAC That Are OBL, FACW, or FAC: 3. Total Number of Dominant 4. Species Across All Strata: 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 20 =Total Cover 50% of total cover: 10 20% of total cover: 4 Sapling Stratum (Plot size: 15 ) 1. '2. 3. 4. 5. 6. =Total Cover 4 (A) 5 (B) 80.0% (A/B) Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 15 x 2 = 30 FAC species 15 x 3 = 45 FACU species 5 x 4 = 20 UPL species 0 x 5 = 0 Column Totals: 35 (A) 95 (B) Prevalence Index = B/A = 2.71 50% of total cover: 20% of total cover: _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 15 ) X 2 - Dominance Test is >50% 1. Ligustrum sinense 5 Yes FACU X 3 - Prevalence Index is :53.0' 2. 4 - Morphological Adaptations' (Provide supporting 3 data in Remarks or on a separate sheet) 4. _ Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must be 6. present, unless disturbed or problematic. 5 =Total Cover Definitions of Five Vegetation Strata: 50% of total cover: 3 20% of total cover: 1 Tree - Woody plants, excluding woody vines, Herb Stratum (Plot size: 5 ) approximately 20 ft (6 m) or more in height and 3 in. 1. Microstegium vimineum 5 Yes FAC (7.6 cm) or larger in diameter at breast height (DBH). 2. Juncus effusus 5 Yes FACW Sapling - Woody plants, excluding woody vines, 3. approximately 20 ft (6 m) or more in height and less 4 than 3 in. (7.6 cm) DBH. 5. Shrub - Woody Plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb -AII herbaceous (non -woody) plants, including 8. herbaceous vines, regardless of size, and woody 9 plants, except woody vines, less than approximately 3 ft (1 m) in height. 10. 11 Woody Vine - All woody vines, regardless of height. 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Woody Vine Stratum (Plot size: 30 ) 1. No vines present 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Page 97 of 103 SOIL Sampling Point: 1 000 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-4 2.5YR 3/2 80 2.5YR 5/6 20 C PL Loamy/Clayey 4-12 5YR 5/1 60 2.5YR 6/4 40 C PL Loamy/Clayey Prominent redox concentrations 12-18 7.5YR 3/2 90 2.5YR 6/2 10 C M Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (1719) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) X Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (All 1) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) X Redox Depressions (178) _Very Shallow Dark Surface (F22) _ Sandy Mucky Mineral (S1) X Iron -Manganese Masses (F12) (LRR N, _ Other (Explain in Remarks) _ Sandy Gleyed Matrix (S4) MLRA 136) _ Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. • ----• •--• - - - _. \---------- Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 Page 98 of 103 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Charlotte Water Garrison and Horton Roads Sewer City/County: Charlotte/ Mecklenburg Sampling Date: May 2020 Applicant/Owner: Charlotte Water/ Mecklenburg County State: NC Sampling Point: UPL Investigator(s): A Baggarley J Sinclair Section, Township, Range: Charlotte Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): Flat Slope (%): 2 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.1771 Long:-80.9771 Datum: NAD 83 Soil Map Unit Name: Monacan NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology NO significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology NO naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: See attached climate data (WETS tables) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is reauired: check all that apply) —Surface Soil Cracks (B6) _ Surface Water (All) —True Aquatic Plants (614) —Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) _ Hydrogen Sulfide Odor (C1) _ Drainage Patterns (1310) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (B1) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (B2) _ Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (63) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (134) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _ Iron Deposits (65) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (67) _Shallow Aquitard (D3) _ Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (135) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Upland Data form for forested wetlands 1100, 1400, and 1500 US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 Page 99 of 103 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: UPL 1500 faosoiuce vominaM inuicatur Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Quercus phellos 10 Yes FAC Number of Dominant Species 2. Quercus rubra 10 Yes FACU That Are OBL, FACW, or FAC: 4 (A) 3. Liriodendron tulipifera 5 Yes FACU Total Number of Dominant 4. Species Across All Strata: 9 (B) 5• Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 44.4% (A/B) 25 =Total Cover Prevalence Index worksheet: 50% of total cover: 13 20% of total cover: 5 Total % Cover of: Multiply by: Sapling Stratum (Plot size: 15 ) OBL species 0 x 1 = 0 1. Acer rubrum 5 Yes FAC FACW species 0 x 2 = 0 2. Comus florida 5 Yes FACU FAC species 27 x 3 = 81 3. FACU species 40 x 4 = 160 4. UPL species 0 x 5 = 0 5. Column Totals: 67 (A) 241 (B) 6. Prevalence Index = B/A = 3.60 10 =Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 5 20% of total cover: 2 _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 15 ) 2 - Dominance Test is >50% 1. - Prevalence Index is <_3.0' 2. -3 4 - Morphological Adaptations' (Provide supporting 3 data in Remarks or on a separate sheet) 4. _ Problematic Hydrophytic Vegetation' (Explain) 5• 'Indicators of hydric soil and wetland hydrology must be 6. present, unless disturbed or problematic. Definitions of Five Vegetation Strata: =Total Cover 50% of total cover: 20% of total cover: Tree - Woody plants, excluding woody vines, Herb Stratum (Plot size: 5 ) approximately 20 ft (6 m) or more in height and 3 in. 1. Toxicodendron radicans 5 Yes FAC (7.6 cm) or larger in diameter at breast height (DBH). 2. Viola bicolor 5 Yes FACU Sapling - Woody plants, excluding woody vines, 3, approximately 20 ft (6 m) or more in height and less 4 than 3 in. (7.6 cm) DBH. 5. Shrub - Woody Plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7• Herb - All herbaceous (non -woody) plants, including 8. herbaceous vines, regardless of size, and woody 9 plants, except woody vines, less than approximately 3 ft (1 m) in height. 10. 11. Woody Vine - All woody vines, regardless of height. 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Woody Vine Stratum (Plot size: 30 ) 1. Toxicodendron radicans 2 No FAC 2. Smilax rotundifolia 5 Yes FAC 3. Lonicera japonica 15 Yes FACU 4. 5. Hydrophytic 22 =Total Cover Vegetation 50% of total cover: 11 20% of total cover: 5 Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Page 100 of 103 SOIL Sampling Point: UPL 1500 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks 0-8 7.5YR 4/2 100 Loamy/Clayey 8-20 7.5YR 5/3 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (All) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) _Black Histic (A3) _Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (All 0) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (177) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) Sandy Gleyed Matrix (S4) MLRA 136) _ —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016, US Army Corps of Engineers Eastern Mountains and Piedmont Page i101 .0103 1: CH 100 4rwl-- 4,. 2: CH 100 3: CH 200 Site Photogr 4: CH 200 5: CH 300 6: CH 300 Page 102 of 103 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00162 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte West GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Silverman Group Dan Lacz Address: 195 Morristown Road Basking Ridge, NJ 07920 Telephone Number: 973-765-0100 E-mail: danlacznasilvermanaroup.net Size (acres) 2.18 Nearest Town Charlotte Nearest Waterway Beavedam Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.17790 Longitude:-80.97809 Location description: The review area is located on the north side of Dixie River Road, approximately 0.2 miles west of intersection of Dixie River Road and Shopton Road. PINs: 14118101,14117112,14129103, and 14129106. Reference review area description shown in Pre -Construction Notification entitled "Aerial Imagery" and Dated 08/26/2020. Description of projects area and activity: This verification authorizes the permanent wetland impacts 0.015 acres alone with the temporary stream impacts of 144 linear feet to facilitate the construction of a new sewer line. All temporary stream impacts will be restored to pre-existine conditions after the completion of construction. In addition, a culvert will replaced in place (53 linear feet) and be authorized under Nationwide Permit 3; whereas all previously mentioned wetland and stream impacts are authorized under Nationwide Permit 12. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 3. Maintenance and NWP 12. Utility Line Activities 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 9/25/2020, and the enclosed plans Construction Drawings, Sheets 1-13 undated. 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 terns 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 919-807-6300) 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 (252) 808-2808. 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 bryan.roden-reynoldsna,usace.army.mil. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.12633 REYNOLDS.BRYAN.KENNETH.1263385574 Corps Regulatory Official: 85574 - Date: 2020.10.0714:21:56-04'00' Date: 10/7/2020 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.arrny.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental, Inc. Jennifer Robertson Address: 338 S. Sharon Amity Road, Suite 411 Charlotte, NC 28271 Telephone Number: 704-512-1206 E-mail: irobertsonnd,atlasenvi.com Property Owner: Mecklenbure County Chris Matthews Address: 5841 Brookshire Boulevard Charlotte, NC 28216 Telephone Number: 980-722-2404 E-mail: chris.matthews6_Dmecknc.eov SAW-2018-00162 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. Action ID Number: SAW-2018-00162 County: Mecklenburg Permittee: Silverman Group, Dan Lacz Project Name: Garrison and Horton Roads Sewer Date Verification Issued: 10/7/2020 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-rynolds@usace.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-2018-00162 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: Silverman Group, Dan Lacz 1.2 Activity location: Latitude: 35.17790 Longitude:-80.97809 Location description: The review area is located on the north side of Dixie River Road; approximately 0.2 miles west of intersection of Dixie River Road and Shopton Road. PINs: 14118101, 14117112, 14129103, and 14129106. Reference review area description shown in Pre -Construction Notification entitled "Aerial Imagery" and Dated 08/26/2020. 1.3 Description of activity requiring verification: This verification would authorize the permanent wetland impacts 0.015 acres along with the temporary stream impacts of 144 linear feet to facilitate the construction of a new sewer line. All temporary stream impacts will be restored to pre-existing conditions after the completion of construction. In addition, a culvert will replaced in place (53 linear feet) and be authorized under Nationwide Permit 3; whereas all previously mentioned wetland and stream impacts are authorized under Nationwide Permit 12. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing: 10/7/2020 1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 2/3/2020. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 3. Maintenance and NWP 12. Utility Line Activities 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 to be minimal due to design criteria and Best Management Practices (BMPs) required by SAW-2018-00162 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 mostly forested and undeveloped. 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. The IRT is requiring compensatory mitigation for the disturbance of a stream buffer. The requirement is 40 linear feet of stream credit. In addition, proposed permanent wetland impacts are considered cumulative with previously permitted impacts by the applicant. Those wetland impacts will require a compensatory mitigation ratio of 1:1 because these wetland impacts are converting a forested wetland to a herbaceous wetland. 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. If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? Yes. Selected compensatory mitigation type/location(s): See Table 1 SAW-2018-00162 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. If 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: 40 linear feet of stream credit and 0.015 acre of wetland credit Rationale for required compensatory mitigation amount: See Section 2.4.2. 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: Carolina heelsplitter (Lasmigona decorata) STATUS: Endangered NAME: Northern Long-eared Bat (Myotis spetentrionalis) STATUS: Threatened 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. 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" SAW-2018-00162 (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 7, 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 WOOS. 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. 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. SAW-2018-00162 Effect determination and basis for that determination: The Corps has determined the proposed activity will have no effect on properties listed or eligible for listing in the National Register of Historic Places. 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? 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. SAW-2018-00162 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. 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 permits identified in Section 1.5. PREPARED BY: RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KEN REYNOLDS.BRYAN.KENNETH.126 3385574 NETH.1263385574 Date: 2020.10.07 14:20:58 -04'00' Date: 10/7/2020 Bryan Roden -Reynolds Compensatory Mitigation Responsibility Transfer Form Permittee: Silverman Group, Dan Lacz Project Name: Garrison and Horton Roads Sewer Action ID: SAW-2018-00162 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: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 40 0.015 *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: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non Riparian Coastal 40 1 0.015 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 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 they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 9/25/2020 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. todd.tugwell@usace.army.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: bryan.roden-reynolds@usace.army.mil RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263 REYNOLDS.BRYAN.KENNETH.1263385574 385574 Date: 2020.10.07 14:19:24-04'00' 10/7/2020 USACE Project Manager Signature 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:Hribits.usace.army.mil ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Dan Lacz SL Horton Road, LLC 195 Morristown Road Basking Ridge,NJ 07902 NORTH CAROLINA Environmental Quality RECEIPT October 13, 2020 Project: Charlotte Intermodal Logistics Center Off Site Sewer (Garrison and Horton Rd) County: Mecklenburg 401 permit#: none given 404 permit#: 2018-00162 DMS ID#: MR-07616 Amount Paid: $23,751.06 Check Number: 128 The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the Section 404 Permit(s) issued for the above -referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Mitigation Location Mitigation Type Credits Catawba 03050101 Warm Stream 40 Catawba 03050101 Riparian Wetland 0.015 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, j FOR Tim Baumgartner Director cc: Todd Tugwell, USACE - Raleigh; Bryan Roden -Reynolds, USACE Jennifer Robertson, agent 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 Compensatory Mitigation Responsibility Transfer Form Permittee: Silverman Group, Dan Lacz Project Name: Garrison and Horton Roads Sewer Action ID: SAW-2018-00162 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: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 40 0.015 *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: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 40 1 0.015 Mitigation Site Debited: NCDMS (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: NCDMS Name of Sponsor's Authorized Representative: Kelly Williams /"a&� Signature of Sponsor's Authorized Representative 13 October 2020 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 they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 9/25/2020 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: todd.tugwell@usace.ormy.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: bryan.roden-reynolds@usace.army.mil RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263 REYNOLDS.BRYAN.KENNETH.1263385574 385574 Date: 2020.10.07 14:19:24-04'00' 10/7/2020 USACE Project Manager Signature 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