20201209 Ver 1_More Info Received_20201112

Strickland, Bev
From: Daniel Kuefler <[e-mail]>
Sent: Monday, November 9, 2020 11:59 AM
To: Johnson, Alan
Subject: [External] Re: Riverbend
Attachments: Pages from Riverbend PCN 093020 _Compiled.pdf, SAW-2019-01823 (signed NWP)
_Riverbend 110220.pdf
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Mff-rt-s—[e-mail]
Alan,
Yes, the previous phase totalled 114 if of permanent impacts. In this case, not all of the previously permitted
impacts were installed though - the current NWP 29 request covers some of those previous impacts that were
permitted but never installed, some modifications based on discussions with the City & USACE, re -
engineering, etc. The current proposed phase will complete the development.
I tried to summarize the previous permitting history, impacts history, etc in the 'Approvals' section of the
packet, roughly around page 70-75 of the pdf packet or so. I've attached some of those pages here for easier
reference. I've also attached the 404 we recently received. If you would like to go through anything on the
phone please feel free to give me a shout.
Daniel
On Mon, Nov 9, 2020 at 11:36 AM Johnson, Alan <alan.johnson o,ncdenr.gov> wrote:
This is a phase 3, were there previous impacts associated with the development?
Thanks
DWR
Dhislon of Water Resources

Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
Daniel Kuefler
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetlands-epg.com
336.554.2728

Dec 14 02 10:28a Leonard Ri.ndner 704 847 0185 p.4
I- Item (3) in this list was never constructed I
- Impact 4 (bottomless culvert) referenced here
s never constructed
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ction Id. 200330098
GENERAL PERMIT (REGIONAL AND NATIONWIDE) MODIFICATION
roperty owner: Pace -Dowd, Incorporated. Yarbrough -Williams -Haute ds Associates,
.ddress: 730 Windsor Oak Court Charlotte, NC 28273
cicphone No: [phone]
: 17 UTM or I.ATILONG: North: 3909145 East: 502799
:e and Location of project (water body, road namelnumber, town, etc.) in an uruiarned tributary to Catawba River
arlotte, Mecklenburg County, North Carolina
Description of Activity: The 206-acre Riverbend Residential Conttnututy. Construction of roads to access high
ground for completion of development. Impacts to jurisdictional waters include (numbers correspond to those on
submitted plans):
(2) Install two 114 feet long 96-inch ultra flow pipes in an unnamed perennial tributary to the Catawba River.
(3) Install three 60 feet long 108-inch ultraflow pipes in an unnamed perennial tributary to the Catawba River.
(5) Place fill in 0.10 acre of wetlands adjacent to an unnamed tributar to the Catawba River. Stream impacts I and
on the submitted Pre -Construction Notification are for bottomless culverts which do not require Department of the:
Array authorization.
Special Conditions: (1) Culverts installed on streams shall maintain the existing bankful1. channel cross sectional
area. Additional culverts shall be installed only to receive flows exceeding bankfull. (2) The pernxittee shall mitigate
for 174 linear feel of unavoidable impacts to perennial stream channel associated with this project by payment to the
North C olina Wetland Restoration program (NCWRP) in an amount to be determined by NCWRP, sufficient to
perform l feet of cool water stream restoration in the Catawba River basin (catalog Unit 03050101). Construction
within stream shall begin only aftcr the permittee has made Full payment to the NCWRP, and the NCWRi' has
provided writtei confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in
compliance with t MOU between the North Carolina Department of Environment and Natural Resources and the
United States Army orps of Engineers, Wilmington District, dated November 4, 1998. (3) The permittee shall
locate all wetland flags nd identify their positions on site with the installation of surveying stakes. Intermediate
stakes shall be installed i he distance between any two flags is greater than 30 feet. Marking on stakes shall identify
the demarcated as a wetlan . Demarcation of wetland areas shall accomplished prior to initiation of any impacts to
jurisdictional areas (fill, mech rized landciearing, culvert installation, etc.) authorized by this permit. Tltc stakes
shall remain in place throughout to duration of all construction activities associated with the project. The Corps of
Engineers regulatory project manag r shall be contacted at least two weeks prior to the removal of wetland boundary
stakes.
Applicable Law: _X_ Section 04 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 fiver and Harbors Act of 1899)
Authorization: NW39 Nationwide Fe lit Number
Your work is authorized by this Regional General (R or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your braitted plans. 1f your activity is subject to Section 404 (if
Section 404 block above is clrecked), before beginning rk you must also receivc a Section 401 water quality
certification from the N.C. Division of Environmental Manage lent, telephone [phone]. For any activity within
Received Time 6ec,14, 9:36AM
Previous 404 approval required
174 If of mitigation (296 If was paid
per DWQ).
Only 114 If of this was constructed

Dec 14 02 10:28a Leonard Rindner 704 847 0185 p.5
the twenty coastal counties, before beginning work you trust contact the N.C. Division of Coastal Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or the NWP referenced above may subject the perinittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the perrnittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Corps Regulatory Official: Timothy ], Smith Telephone No.: [phone] x 8
Expiration Date of Verification: November 25, 2004
Cc: L. Rindner
R. Ferrell (WRP)
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CE5AW Form 591
Ravi sod July 1995
Received Time dec•14. 9:36AM

Dec 14 02 10:28a Leonard Rindner 704 847 0185 lo.3
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H _0500, Mr. Marc Houle of Pace -Dowd, Inc. has permission as outlined below to place"fill in
0.10 acre of wetlands and 296 linear feet of perennial streams in order to construct the Riverbend Residential Community in
Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BAS1NISUBBASIN
Impacts:
Fill in 0.10 acre of wetlands
Fill in 2961inear feet of perennial streams
Riverbend Residential Community
Mecklenburg
Catawba (03-05-01-01)
A� required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above
impacts th ough the restoration, creation, enhancement or preservation of streams as outlined below prior to conducting any activities
that impac or degrade the waters of the state.
296 linear foet of streams by WRP (WRP correspondence dated October 18, 2002, indicates that WRP will accept up to
600 li ear feet of stream mitigation, if needed for the 404 Permit)
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded to the
neare I foot and acreage requirements must be rounded to one -quarter acre increments according to 15 2r .0503(b).
One f the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to
the Wetland Restoration Fund per NGAC 2R .0503. It you choose this option, please sign this form and malt it to the Wetlands
Restoration and at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this
form. PLEA E NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT S BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
Dale
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Previous 401 Certification required 296 If of impact to be mitigated for. See
Mitigation receipt attached below.
Received Time Dec�14. 9:36AM

North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary NCDENR
RECEIPT
EWRD PERRY
— Riverbend LLC
190 Finley Golf
Course Road
Chapel Hill, NC
27514
Re: Project:
Riverbend
DWQ#:
02-1671
COE#:
200330098
County: Mecklenburg
February 12, 2003
The North Carolina Wetlands Restoration Program (NCWRP) has received a check in the
amount of $37,000.00 check number 002656, as payment for the compensatory mitigation
requirements of the 401 Water Quality Certification/Section 404 permit issued for the subject
project. This receipt serves as notification that the compensatory mitigation requirements for
this project have been satisfied. Please note that 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.
The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is responsible
for the compensatory mitigation requirements associated with the subject permit and agrees to
provide the compensatory mitigation as specified in the permit. The NCWRP will restore 296
linear feet of stream in Cataloging Unit 03050101 of the Catawba River basin.
If you have any questions or need additional information, please contact Carol Shaw at (919)
733-5208.
Sincerely,
Ronald E. F"�WL
e
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Tim Smith, USACOE-Asheville
Mike Parker, DENR Mooresville Regional Office
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01823 County: Mecklenburg U.S.G.S. Quad: NC -Mountain Island Lake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: DR Horton
Marty Davis
Address: 8001 Arrowridge Boulevard
Charlotte, NC 28273
Telephone Number: 980-666-0326
E-mail: wmdavis(&drhorton.com
Size (acres) 49.9 Nearest Town Charlotte
Nearest Waterway Catawba River River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.3238
Longitude:-80.9741
Location description: The review area is located on the north side of Harwood Lane; approximately 0.4 miles from the
intersection of Lakeview Land and Harwood Lane. PINS: 03120101, 03119115, and 03120130. Reference review area
description shown in Pre -Construction Notification entitled "Figure 1, Vicinity Map" and Dated 04/05/2019.
Description of projects area and activity: This verification authorizes the permanent stream impacts of 138 linear feet and 0.033
acres of wetlands along with the temporary stream impacts of 75 linear feet to facilitate the construction of Phases 2 and 3 of a
residential subdivision. All temporary stream impacts will be restored to pre-existing conditions after the completion of
construction.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 9/30/2020, and the enclosed plans Construction Drawings, Sheets 1-10 dated
5/6/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden -Reynolds at 704-510-1440or bryan.roden-rynolds(-,usace.army.mil.

RODEN
Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574
Expiration Date of Verification: 03/18/2022
Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.1263385574
Date: 2020.11.02 15:50:59-05'00'
Date: 11/2/2020
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=l 36:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Group
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: Daniel.kueflerAwetlands-epg.com

SAW-2019-01823
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-2019-01823 County: Mecklenburg
Permittee: DR Horton, Marty Davis
Project Name: Riverbend Phases 2 and 3
Date Verification Issued: 11/2/2020
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
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

SAW-2019-01823
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: DR Horton, Marty Davis
1.2 Activity location: Latitude: 35.3238 Longitude:-80.9741 Location description: The review area
is located on the north side of Harwood Lane; approximately 0.4 miles from the
intersection of Lakeview Land and Harwood Lane. PINs: 03120101, 03119115, and
03120130. Reference review area description shown in Pre -Construction Notification
entitled "Figure 1, Vicinity Map" and Dated 04/05/2019.
1.3 Description of activity requiring verification:This verification would authorize the permanent
stream impacts of 138 linear feet and 0.033 acres of wetlands along with the temporary
stream impacts of 75 linear feet to facilitate the construction of Phases 2 and 3 of a
residential subdivision. All temporary stream impacts will be restored to pre-existing
conditions after the completion of construction.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 10/6/2020
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 2/2512020.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would

SAW-2019-01823
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 primarily covered with timbered, highly disturbed,
early successional scrub land and logging roads.
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 loss of stream channel associated with the activity is greater
than 150 linear feet. Compensatory mitigation is required to ensure minimal adverse
environmental effects. The loss of wetlands associated with the activity is greater than
0.10 acre. Permanent stream and wetland impacts associated with Phases 2 and 3 were
considered cumulative with previously permitted impacts for Phase 1
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

SAW-2019-01823
Table 1: Mitigation Type and Location
Mitigation bank credits
In -lieu fee program credits
x
Permittee-responsible mitigation under a watershed approach
Permittee-responsible mitigation, on -site and in -kind
Perm ittee-responsible 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: 258 linear feet of stream credits and 0.07 acre of
wetland credits
Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is necessary to replace the permanent loss of WOUS and temporal loss at the
mitigation site. North Carolina Stream Assessment Methodology (NCSAM) was
conducted for impacted Streams A and D and determined Stream A as medium quality
and Stream D as high quality. The PCN lacked North Carolina Wetland Assessment
Methodology (NCWAM) for impacted Wetland J/JJ; therefore the Corps assumes this
wetland as high quality. Based on NCSAM and NCWAM any stream or wetland impacted
rated as high quality will have a compensatory mitigation ratio of 2:1; whereas any
stream rated medium quality will have a compensatory mitigation ratio of 1.75:1.
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

SAW-2019-01823
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 listed species located within or in the vicinity of the action area and this
activity is one that may affect those listed species. The Corps has determined that the
activity may affect, but is not likely to adversely affect species subject to the ESA. The
Corps initiated Section 7 consultation with the USFWS on October 7, 2020. In a letter
dated October 23, 2020, the USFWS stated "Based on the presence of suitable habitat
onsite, but negative survey collections during the optimal survey window, we would
concur with a may affect, not likely to adversely affect determination for Schweinitz's
sunflower. Moreover, we believe that suitable habitat is not present onsite for the
federally endangered Carolina heelsplitter, and we require no further information at this
time."
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on October 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 Habital
(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

SAW-2019-01823
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
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.
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

SAW-2019-01823
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.
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 permit identified in
Section 1.5.
PREPARED BY:
RODEN
REYNOLDS.BRYANXENNET
H.1263385574
Bryan Roden -Reynolds
Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.126338
5574
Date: 2020.11.02 15:49:49 -05'00' Date: 11/2/2020

SAW-2019-01823
Compensatory Mitigation Responsibility Transfer Form
Permittee: DR Horton, Marty Davis
Project Name: Riverbend Phases 2 and 3
Action ID: SAW-2019-01823
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
138
0.033
*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
258
0.07
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
acceptance letter identifies a specific site, also list the specific site to be debited).
For NCDMS, list NCDMS. If the NCDMS
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 8/21/2020 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: [e-mail]). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Bryan Roden -Reynolds
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: [e-mail]
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.I 4EYNOLDS.BRYAN.KENNETH.126338557
263385574 Date: 2020.11.02 15:48:06-05'00' 11/2/2020
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

WCDUff HAP
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SHEET TITLE
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°5 OB 20
PROJECT RIVERBEND PHASE 3-2
WK
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FOR DR HORTOR WC
Ymmoums-WhAam t Hoves, Inc.
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PROPOSED U. SEWER
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m-E
PROPOSED SSTORM PIPE
PERMANENT STREAM IMPACT
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PROPOSED OTM PIPE
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SEE MAIL 'r SHEET 4 OF I
■
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n r — R - — — : Ixx a piRppO� STCPAI PPE Atli
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GRAPHIC SCALE
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OVERVIEW OF IMPACTS,
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PROTECT RiVERBEND PHASE 3-2
D
oy
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FM DR HORTOK WC
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Figure 7

ace/ /
\ I o?
RIPABO
II /
WATE M
�STABILI TION, N
� / I
MAPPtD,,LOCATION OF
LUM TING II RIP RAP TO BE INSTALLED
t •� \ 1 � YEAR ELEVA3 ABOVE THE ORDINARY HIGH
k I WATER MARK FOR BANK /
STABILIZATION, NO IMPACTS. /
TEMP. IMPACT DURING /
•' _ / CONSTRUCTION: 17 / LF,
HEADWALL /
TOP: 626.5 V=10.0 INTERMITTENT
INV 48"RCP: 616.52 \
RIP RAP FOR INLET /STREAM D
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1 TEMP. IMPACT DURING — — ) 4ey�Cp ®r. IMlp A�T • S ✓ • OO L
1 CONSTRUCTION: 23 LF 49
PPED LOCATION -OF /// / / IF
J�RODC Y
— FLUM ULTMfiATE
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TOP: 626.0
M/
NOW OR_-FOT ­ERLY ���------111 INV 48"RCP: 617.34 /
RIP RAP
RONARVIN ETHRIDGE x / PROTECTIONR INLET
LP --
DEED:4819-748
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NOW OR FORMERLY\
TROY SONNE �+P
DEED:31677-795
b 9 LL ARCEL #031 —201 —02 \
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ox
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ID Lam,
�aOD 1
65.00 L.F. STREAM IMPACT
` o 0 SF (0 AC) WETLAND IMPACT
50 0 25 50 100
mi
GRAPHIC SCALE
( IN FEET )
A�Ac an TRApaNa r
SHEET TITLE SAW_ _ _
PERMANENT STREAM IMPACT " 50'
DETAIL 'A' ROAD CROSSING #1 05/06/20
DRAM El
PROJECT RIVERBEND PHASE 3-2 WKD.
PAW CREEK TWSP, MECK COUNTY, NC (CHARLOTTE ETJ) VGK Y
FOR. D.R. HORTON, INC
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■
�u

RIP RAP TO BE INSTALLED a
IABOVE THE ORDINARY HIGH
WATER MARK FOR BANK
STABILIZATION, NO IMPACTS.
%F�FK
E TINLU E TING
—YE� ELEVATIO —
1 •` I I% • • •�� ' RIP APT BE INSTALLED
"� ABOVE THE ORDINARY HIGH _
18{�— R E r1 3 WATER MARK FOR BANK
STABILIZATION, NO IMPACTS. 1
TEMP. IMPACT DURING — 0 rn 14• "—
\CONSTRUCTION: 17 LF —'-,HEADWALL
_�� TOP: 646.0
—� R P RAP FOR 639 00
PROTECTION
Ek TOP OF STREAM BANK
HEADWALL f J TEMP. IMPACT DURING
TOP: 642.0 J CONSTRUC�ON: 18 LF
INV 54• RCP: 632.41
RIP RAP FOR INLET
PROTECTION r
I I- - � � i•• _ � 1
9 f
Common Open Space. �
•- - f - INTERMITTEN
dej
STREAM A-.
,� •� _� 9 IMPACT: 73.05 LIF
rQ4
73.05 L.F. STREAM IMPACT
w 0 SF (0 AC) WETLAND IMPACT
50 0 25 50 100
GRAPHIC SCALE
IN FEET
Figure 10
FPPLiCFTCN lllAGAI�(�
SHEET TITLE 8AW_
PERMANENT STREAM IMPACT =5D
DETAIL 'B' ROAD CROSSING #2 05/06/20
PROTECT RIVERBEND PHASE 3-2 WKD
IT
PAW CREEK TWSF, AEM COUNTY NC (CHARLOTTE ETJ) VGK
FOR. DR HORTON, INC
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PROPOSED 2'--0" ROLLED I
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I
f f
--_ '��• — —~ — IMPACT: 1,481 SF
Common Open Space- 0
_ -_ -____- -- _ -- '4.30, -- WET .LAND "J/JJ" 1 1
- $ -- -- - -- --- ------ -
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_ ❑ g PROPOSED DROP INLET -- 1
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D L.F. STREAM IMPACT
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ly
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GRAPHIC SCALE
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Figure 12
AP"Im um TRAGtlka /
SHEET TITLE
PERMANENT WETLAND IMPACT �W- , =5a.
DETAIL °C° ROAD IMPACT #3 05/06/20
PROJECT RIVERBEND PHASE 3-2D
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PROPOSE
]� 15' PERMANENT SAN.
l SEWER EASEMENT `•-
SAN. SEWER BORE PIT N, - - -
\ \A.,/ I ; - ` - ---
;�.• \ �•, ,CREEK TOP OF BANK1
CREEK TOE OF BANK �.
CREEK TOP OF BANK I
CREEK TOE"OF BANK �~
SAN. SEWER BORE PIT
\ NNk\
EXISTING. 1 h J
15 PERMANENT SAN �(
1SEWER EASEMENT �' '• `,y �� �'
t� it +Il 0 L.F. STREAM IMPACT
0 S.F. WETLAND IMPACT
50 0 25 50 100
GRAPHIC SCALE
IN FEET
Figure 13
SHEET TITLE
&-PWATM
SAN. SEWER BORE PIT LOCATION saW SCALE
NO IMPACT 05 0s
PROJECT RIVERBEND PHASE 3-2 WKD
MMM
PAW CFEec TWSP, MEM COUNW NC (CHARLOTTE ETJ) vcK
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cn°u�uu°iorxu a Ur . Mm em:,m., Illror�in auo�mti au9•