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HomeMy WebLinkAbout20201289 Ver 1_401 Application_20210106aoaota l Preliminary ORM Data Entry Fields for New Actions SAW — 2019 - 1502 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORMFI 1. Project Name [PCN Form A2a]: Rice Road Subdivision 2. Work Type: Private ❑� Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Residential development, the purpose is to develop more single family housing opportunities to meet the increasing need in the Charlotte area. 4. Property Owner / Applicant [PCN Form A3 or A4]: Kinger Homes, LLC / Mr. Dhanesh Kumar 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental / .Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: no known previous Action ID's 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 61b]: 35.14261 N-80.70686 W, 2401 Rice Road Matthews, NC 28105 8. Project Location -Tax Parcel ID [PCN Form 131a]: 19353205 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Matthews 11. Project Information — Nearest Waterbody [PCN Form Ka]: Irvin's Creek, Class C 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Lower Catawba, 03050103 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20180124 )L AS VIRONMENTAL January 3, 2021 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: Rice Road Subdivision- +/- 13.59 Acres 2401 Rice Road Matthews, NC 28105 Nationwide Permit 29 Request Corps Action ID: SAW-2019-01502 / NC DWR Project #: 2020-1289 Ver 1 Bryan/Paul: The applicant, Mr. Dhanesh Kumar with Kinger Homes, LLC, is requesting approval of the enclosed Nationwide Permit 29 for the Rice Road subdivision. The project purpose is to construct a thirtyone lot subdivision in Matthews. The project will provide much housing for residents of Matthews. There are 7 potential aquatic resources including 1 non -wetland (945 linear feet) and 6 wetlands (0.041 acre) within the review area. CH 100 which is an intermittent, unnamed tributary to Irvins Creek will be impacted at one road crossing. Stream impacts total 32.5 linear feet. The stream bed of an additional 30 linear feet will be embedded with riprap for culvert outlet protection. The road crossing location was chosen due to the presence of an underground reach of stream that the Corps concurred was not a potential Waters of the US. No wetlands will be impacted by the development. 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 regards, �"4 dl&h� Jennifer L Robertson, President jrobe rtson(a).atlasenvi.com 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 RECEIVEDINCQECU4" JAN 0 6 2912-1 Non-Discoarue Permitting Unit. 1, UR: kAMICIIL 1C)k1UVVV1=.11 ICJ, CCJ kkJ11L10%-L IV VV1k-11UJ1, 11J14' - t--- ---, -- --- -- holder of the property; properties identified below, hereby authori f, Atlas Environmental Inc to act on my behalf as my aaent during the processing of permits to impact Wel'ands and Waters of the US that are regulated. by the Clean water Act and the Rivers and Harbors Act. Federal and State agents are au'hor°--4be oi- said property when accompanied by Atlas Environmental Inc staff for the purpose of orcluc' 'ivestig,)Lions and issuing a determination associated with Waters of We LJO SUUJt-N-L LU ederal lUrisCliction under Secti,)n 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors kc1t- of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Vetlands subject to a permitting grogram administered by the State of North Carolina. Atlas environmental Inc is authorized to provide supplernertal information needed for delineati pr-qv ind'or permit processing at the request of the Corps or NC DWR Water Quality Progra Rice Road Subdivision �-',Oject Name: ; --- "W= Property Ovvrer of Record: Contact Name: Address: Address: Phnne/Fax Numbe Email Address: Project Address: Prnject Address: Tax PIN* Signature- Dair- Kinger Homes, LL Dh@ncsh Kumar 2,101 Rice Road Matthews, NC 2F105 dhanesh@kingerhor-nes,co 2401 Rice R Matthews, NC 28105 September 15, 2020 ATt45LnYiron',1Ci,Lal 1n;T - 38 5. 'S'Ialor Arid v Ro la, a'! 1 1 .1 larlotte, Not-Ul CXO1v',a 282, WEI L.' 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 El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® 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 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Rice Road Subdivision 2b. County: Mecklenburg 2c. Nearest municipality / town: Matthews 2d. Subdivision name: Rice Road Subdivision 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Kinger Homes, LLC 3b. Deed Book and Page No. 33437-756 3c. Responsible Party (for LLC if applicable): Dhanesh Kumar 3d. Street address: 2401 Rice Road 3e. City, state, zip: Matthews, NC 28105 3f. Telephone no.: (631) 662-9068 3g. Fax no.: no fax 3h. Email address: dhanesh@kingerhomes.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: same as owner 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 19353205 1 b. Site coordinates (in decimal degrees): Latitude: 35.14272 Longitude: - 80.70695 1 c. Property size: +/- 13.59 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Irvins Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Lower Catawba, 03050103 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: a single family residence with a driveway and a maintained yard, some mature forested areas, one stream, six wetlands; the general land use in the vicinity is residential development 3b. List the total estimated acreage of all existing wetlands on the property: 0.041 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 945 linear feet 3d. Explain the purpose of the proposed project: construction of a residental subdivision consisting of single family homes 3e. Describe the overall project in detail, including the type of equipment to be used: this project involves construction of single family homes, heavy earth moving equipment will be used to grade the site 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ® Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jennifer Robertson Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 10-8-2020 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 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 Tem ora T 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 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 (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g• Impact length (linear feet) S1 P Culvert CH 100 INT Corps 3 4.3 S2 P Culvert CH 100 INT Corps 3 28.2 S3 P Other (Type In) CH 100 INT Corps 3 30 S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 32.5 3i. Comments: S3 is for embedding riprap into the stream bed downstream of the culvert, not considered an impact Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually 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, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then vou MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number- Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments: Page 5 of 10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. the road crossing location was chosen due to the underground non -jurisdictional section within CH 100, less than 4% of the stream onsite is proposed for impact, the one road crossing is necessary to gain access across the property from high ground to high ground, no impacts to wetlands will occur 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. headwalls will be used on either side of the road crossing to minimze stream impacts, equipment will be checked daily for leaks 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 ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity Quantity Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: 32.5 linear feet 4c. If using stream mitigation, stream temperature: Warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. not applicable Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires 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 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: two water quality ponds with sand filters will treat stormwater, approval through Mecklenburg County is being obtained by the project engineer 2e. Who will be responsible for the review of the Stormwater Management Plan? Mecklenburg County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Mecklenburg County ® 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 attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® 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 Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® 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. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US FWS has no concerns regarding the project, see enclosed comment letter 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? https://www.fisheries. noaa.gov/resou rce/map/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? NCHPO has no concerns regarding the project, see enclosed 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? FEMA floodmaps GIs layer Jennifer L Robertson �M+ �t� 01/04/2021 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 PCN Form — Version 1.4 January 2009 ©ommm Overall Grading Plan MWE : :: .:. ' ':. �m®mom :. at""°" /- lA\ i 1/ � I��•► • Mm"Mm ® ® mom \� a►,��! RM �m®gym• C ,� ���j,� � ��s, �� V ell 11101 AM 1 �t Stream Impact Plan WETLANDS ^� STREAM CENTERLINE 301-F EMBEDDED RIPRAP -- d5 = 12" 700 PROPOSED RETAINING WALL. DESIGN BY OTHERS p!/ Impact S2 J 28.2' of culvert Row mitigation required Impact S1 4.3' of culvert mitigation required Impact S3 30' of embedded riprap no mitigation required 28.2 LF STREAM IMPACT j CREEK ENTERS SUBGRADE THIS AREA S L 2 • � /��4 � H W 1 : ` o REAM IMPACT /r WETLANDS STREAM CENTERLINE j ^ PROPOSED Al G WALL. DES N B THE SL-1 - 8+60.36 n - 730 720 HEADWALL 1 710 EX GRADE 700 690 20%PIPE BURY (TYP)' 680 40 30 20 1 HEADWALL 2 730 720 710 700 20% PIPE BURY (TYP) 680 ��11111111//// SL-2 - 0+61.14 SL-3 - 0+02.00 710 to -10 710 710 1 0 710 �° ° E S/0 ° ° O of S _; ooR, 700 — _ 700 700 _ 700 o° S1� PIPE INVERT = 696.33 690 690 PIPE INVERT = 693.01 = 465 ° EXISTING GRADE = 697.33 EXISTING GRADE = 694.01 A ° o�Z�231,4 Zw- 680 680 680 680NE�F ° y ° ° ��. 1 HEADWALL 1 0 1 HEADWALL 2 0 ,'',,SSII I�, �G�\\ 0 20 40 80 GRAPHIC SCALE 1"=40 FT. -40k HensonFoley Landscape Architecture I Civil Engineering I Surveying 8712 Lindholm Drive, Suite 202A, Huntersville NC 28078 p: 704.875.1615f: 1 704.875.0959 1 www.hensonfoley.com RICE ROAD SUBDIVISION DATE: 3-19-20M STREAM IMPACT FILE: o EXOI 218068 Z Stream Crossing Grading Exhibit 0 SIF TC 01� 32.5 LF WETLANDS STREAM CENTERLINE HW2 30LF EMBEDDED RIPRAP 28.2 LF STR d5o = 1 Z' PROPOSED RETAINING WALL. DESIGN BY OTHERS ROW 4.3 LF STREAM IMPACT STREAM CENTERLINE PROPOSED RETAINING WALL. DESIGN BY OTHERS 50'RIGHT OF WAY LINE CREEK DISTURBANCE DISTURBANCE 'BANCE ti iIS AREA WETLANDS 1111111/1, /// CARO/ f)vl N ­0000-- 0 20 40 80 GRAPHIC SCALE 1 "=40 FT. —RICE ROAD SUBDIVISION SCALE: HensonFoley DATE: Landscape Architecture I Civil Engineering I Surveying GRADING EXHIBIT 3-19-2020 8712 Lindholm Drive, Suite 202A, Huntersville NC 28078 0 p: 704.875.1615f: 1 704.875.0959 1 w .hensonfoley.com FILE: z I EX02 218068 50' R/W (MINIMUM) SW I1 3 2' RESIDENTIAL STREET 1 1/2' SF9.5A ASPHALT (FINAL CONSTRUCTION) TACK COAT (PLACE 1 1/2' S9.58 ASPHALT (INITIAL CONSTRUCTION) JUST PRIOR TO FINAL 1 1/2" SURFACE COURSE) W COMPACTED AGGREGATE BASE COURSE _—COMPACTED SUBGRADE TYPICAL PAVEMENT SECTION MECKLENBURG COUNTY LAND DEVELOPMENT STANDARDS NOTES: 1. THE CROWN (TRANSVERSE SLOPE) FOR TYPICAL SECTION ON THIS SHEET IS 3/8" PER FOOT. 2. ELEVATION OF SIDEWALK SHALL BE NO LESS THAN 6" OR MORE THAN 18" ABOVE THE ROADWAY CROWN. SW J1 3 PAVEMENT SCHEDULE © 3" BITUMINOUS CONCRETE SURFACE COURSE, TYPE S9.5B AND SF9.5A (SEE LEFT) OE 8" COMPACTED AGGREGATE BASE COURSE ® 2'-0' VALLEY GUTTER SQ 4" CONCRETE SIDEWALK PAVEMENT NOTES: 1. SUBGRADE MUST BE TESTED BY AN INDEPENDENT TESTING LAB, AND HAVE A DENSITY OF 100% IN ACCORDANCE WITH AASHTO-T99; BASE COURSE MUST HAVE A DENSITY OF 90% FOR B.C.B.C. AND 100% FOR A.B.C. IN ACCORDANCE WITH AASHTO-T180 SURFACE COURSE SHALL BE COMPACTED TO A DENSITY OF 95%. ALL TESTS TO BE CONDUCTED BY AN INDEPENDENT TESTING FIRM AT THE DEVELOPERS EXPENSE, AND THE RESULTS SENT TO MECKLENBURG COUNTY ENGINEERING DEPARTMENT AND TO THE STREET MAINTENANCE DEPARTMENT FOR THE TOWN. (FOR ADDITIONAL TESTING AND REPAIR STANDARDS PLEASE REFER TO MECKLENBURG COUNTY LAND DEVELOPMENT STANDARDS SPECIFICATIONS AND SPECIAL PROVISION NOTES) 2. FINAL UFT OF ASPHALT TO BE APPLIED AFTER % OF DEVELOPMENT OCCUPANCY OR 1 YEAR AFTER BASE COURSE ACCEPTANCE (WHICHEVER OCCURS FIRST). MATTHEWS TYPICAL SECTION LOCAL RESIDENTIAL STREET ONCRETE PIPE DIMENSIONS OUT DIA. IN DIA MIN. N A B C E F G W K M 19 1 2 15" 271 20' 24' 8' 7 1 2 4' 4' 8" 17 10" J31/2' 23 18 31 20 24 8 9 4 4 8 17 IY 30" 24" 38" 20" 30 8" 12' 4' 4' e' 21 15'37' 30 45 20 4{ 72 15 8 8 8 31 1844 36 52" 32' 44 1 18" 6' e' B 31 22' 51 42 59 32 48 1 21 8 8 3< 28SB 48 6' 29 65" 54" 73' 32' 54 12 27" 8 8' B' 38 3J' 6 7- 60 8 66 lx >o a 12 12 46 36 6 1 2 79 66 B i 1 1 40 7" 88" 72' 94" 38" 78 12 38' 8" 12 12 56 43' REINFORCING "C' BAR "D" BAR Dk NO. LOT. .1LOT. 15' 4 2'-O'l 4 1 1'-11" 16" 4 2'-3' 4 2'-2' 24' 4 2'-9" 4 2-8 30' 4 3'-3' ♦ 3'-2" 38" 4 3'-9" 4 3'-B' 42" 4 4'-3" 4 4 -2 48' 54' 80" 66' • 6'-3' • 8'-2' 72' 4 6'-9" ♦ 6'-8' IT 12' ON CENTER N CENTER TOP VIEW 11.51 FRONT VIEW ENBURG r ESTANDARDS DEVELOPMENT 20.17A LAND JVJCONCRETE WINGWALL WITH SPLASH PAD -40ink HensonFoley Landscape Architecture I Civil Engineering I Surveying 8712 Lindhoim Drive, Suite 202A, Huntersville NC 28078 p:704.875.16151: 1 704.875.0959 1 w .hensonloley.com RICE ROAD SUBDIVISION ROAD CROSS SECTION EX03 DATE: 3-19-2020 FILE: 218068 Legend O Review Area 0 Meck. Co. Parcels Streets - — Contours: 2 Ft Delineation Intermittent Wetland Rice ONE • • • • Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. 0 100 200 300 400 Ft /Q C RONMENTAL Page 1 of 4 Project Name: Rice Road �. d Location: 2401 Rice Road Matthews, NC 28105 IaMum For: Attn: a,w rwe Coordinates: 35.14261,-80.70686 Date: September 18, 2020 Ye "14 df `' �F ' d � ,{p�j "yyYY. Y �1��✓; _' s.-. .� y �� '� '�; it � ' �.• y� �, �I; i, Aquatic Resource Sketch Map Mir 14 ip K no g . egend Review Are , Co.Parcels Streets + r , elineation ti 0 100 200 300 400 F1 Wetland Potential Non Wetland CH 100, - 945 LF Legend ED Review Area O Meck. Co. Parcels Streets Delineation Intermittent Wetland _.ris... uatic Resource Sketch Ma Potential Wetland WL 1000, - 0.002 Ac Potential Wetland WL 1100, - 0.001 Ac I Underground connection Project Name: Rice Road 0 25 50 75 100 Ft Location: 2401 Rice Road Matthews, NC 28105 1 For: Attn: 3 of 4 Detail 1 1 Coordinates: 35.14261,-80.70686 Date: September 18, 2020 Aquatic Resource Sketch Map Underground connection Potential Wetland WL 1200, - 0.009 Ac Potential Wetland WL 1300, - 0.021 Ac V Potential Wetland WL 1400, - 0.003 Ac a CH 100 continued Legend O Review Area Potential Wetland Meck. Co. Parcels WL 1500, - 0.005 Ac Streets Delineation Intermittent 0 25 50 75 100 Ft Wetland A �► M. �1 ` 4 of 4 Project Name: Rice Road Location: 2401 Rice Road Matthews, NC 28105 For: Attn: Detail 2 Coordinates: 35.14261,-80.70686 Date: September 18, 2020 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01502 County: Mecklenburg U.S.G.S. Quad: NC- QUAD NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Kinser Homes Dhanesh Kumar Address: 2401 Rice Road Matthews, NC 28105 Telephone Number: 631-662-9068 E-mail: dhanesh(a)kineerhomes.com Size (acres) 13.59 Nearest Town Matthews Nearest Waterway Irvins Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.14261 Longitude:-80.70686 Location description: The review area is located on the north side of Rice Road; approximately 0.4 miles east of the intersection Rice Road and Sam Newell Road. PIN: 19353205. Reference review area description shown in Jurisdictional Determination Request package entitled "Aquatic Resource Sketch Mad' and Dated 09/23/2020. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/23/2020. 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 SAW-2019-01502 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (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 Bryan Roden -Reynolds at 704-510-1440 or bryan.roden-reynolds(a,usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 10/8/2020. 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 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Digitally signed by RODEN REYNOLDS.BRYAN XEN N ETH.1263385574 Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 nara• Imo laoa iaaF•�a nanm Date of JD: 10/8/2020 Expiration Date of JD: Not applicable SAW-2019-01502 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 *0 Copy furnished: Agent: Atlas Environmental, Inc. Jennifer Robertson Address: 338 S. Sharon Amity Road, Suite 411 Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: a robertson6i4 lasenvi.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL A licant: Kin er Homes Dhanesh Kumar File Number: SAW-2019-01502 Date: 10/8/2020 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 ® 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 i,tr 7 vVyvv L[Sace army mil/Missions/CivilWorks/Re ug latoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 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 acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMA If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OM 15 Atlanta, Georgia 30303-8801 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 anv site investieation. and will have the onnortunity to participate in all site investigations. Date: I Telephone number: of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 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 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/30/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kinger Homes, Dhanesh Kumar, 2401 Rice Road, Matthews, NC 28105 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Rice Road Subdivision, SAW-2019-01502 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side of Rice Road; approximately 0.4 miles east of the intersection Rice Road and Sam Newell Road. PIN: 19353205. Reference review area description shown in Jurisdictional Determination Request package entitled "Aquatic Resource Sketch Map" and Dated 09/23/2020. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Matthews Center coordinates of site (lat/long in degree decimal format): Latitude: 35.14261 Longitude:-80.70686 Universal Transverse Mercator: Name of nearest waterbody: Irvins Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 10/01/2020 ®Field Determination. Date(s): 10/08/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature 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 Stream CH100 35.1435 -80.70753 945 linear feet Non -wetland 404 Wetland 35.14379 -80.70757 0.002 acre Wetland 404 W L1000 Wetland 35.14319 -80.70722 0.001 acre Wetland 404 W L1100 Wetland 35.14288 -80.70646 0.009 acre Wetland 404 W L1200 Wetland 35.14277 -80.70658 0.021 acre Wetland 404 W L1300 Wetland 35.14257 -80.70648 0.003 acre Wetland 404 W L1400 Wetland 35.14226 -80.70602 0.005 acre Wetland 404 WL1500 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items 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: numerous unnumbered figures ® 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: ❑USGS NHD data: ❑USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: USGS Topo Map (Dated 09/23/2020) ®Natural Resources Conservation Service Soil Survey. Citation: Soil Map (Web Soil Survey of Mecklenburg County) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Aquatic Resource Sketch Map, Sheets 14 (Dated 09/23/2020). and Aerial Imagery Map (Dated 09/18/2020) or ® Other (Name & Date): Photographs 1-15 ❑Previous determination(s). File no. and date of response letter: ®Other information (please specify): Parcel May (Dated 09/23/2020) and Stream Reach Evaluation Form (Dated 09/21/2020) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH REYNOLDS.BRYANX .1263385574 Date: 2020.10.0814:36:07 ENNETH.1263385574-04'00' Signature and date of Regulatory staff member completing PJD 10/8/2020 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. Legend O Review Area O Meck. Co. Parcels Streets Contours: 2 Ft Delineation Intermittent Wetland IRON MENTAL a L_ __r__� Project Name: Rice Road Location: 2401 Rice Road Matthews, NC 28105 For: Kinger Homes, LLC Attn: Mr. Dhanesh Kumar Coordinates: 35.14261,-80.70686 Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. 0 100 200 300 400 Ft ff Date: September 23, 2020 Pape 19 of 52 � 1 ^. J� Lis w -6 Potential Non Wetland CH 100, — 945 LF Le\*nd O Review Area 0 Meck. Co. Parcels Streets Delineation Intermittent I etland 1 IRONMENTAL _'TLAS atic Potential Wetland WL 1100, -- 0.001 Ac Project Name: Rice Road rce Sketch Ma Potential Wetland WL 1000, — 0.002 Ac Underground connection 0 25 50 75 100 Ft Location: 2401 Rice Road Matthews, NC 28105 1 For: Kinger Homes, LLC Attn: Mr. Dhanesh Kumar Detail 1 Coordinates: 35.14261,-80,70686 Date: September 23, 2020 Paoe 21 of 52 Agqatic Resoqrce Sketch Map Underground connection Potential Wetland WL 1200, - 0.009 Ac Potential Wetland WL 1300, -- 0.021 Ac U Potential Wetland WL 1400, - 0.003 Ac ° CH 100 continued a t Le\*nd r--I Review Area Potential Wetland O Meck. Co. Parcels WL 1500, -- 0.005 Ac Streets Delineation Intermittent 0 25 50 75 100 Ft I etland r`— L 61SONME�NTAL Project Name: Rice Road Location: 2401 Rice Road Matthews, NC 28105 1 For: Kinger Homes, LLC Attn: Mr. Dhanesh Kumar Detail 2 1 Coordinates: 35.14261,-80.70686 Date: September 23, 2020 22 of 52 „ a United States Department of the Interior F"''� VICE FISH AND WILDLIFE SERVICE Asheville Field Office d 160 Zillicoa Street Asheville, North Carolina 28801 November 16, 2020 Jennifer Robertson Atlas Environmental, Inc. 338 South Sharon Amity Road, #411 Charlotte, North Carolina 28211 Dear Jennifer Robertson: Subject: Rice Road Residential Development; Mecklenburg County, North Carolina Log No. 4-2-21-030 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated October 9, 2020 (received October 12, 2020) wherein you solicit our comments regarding project -mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the proposed project would entail the construction of a single-family residential development and appurtenances on approximately 13.5 primarily forested acres in Charlotte, North Carolina. Onsight habitats are dominated by forested areas, agricultural lands and residential developments. Surrounding land cover is dominated by commercial and residential development. Your description of the proposed work suggests authorization from the U.S. Army Corps of Engineers would be required. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project (which may or may not require tree clearing) would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid any associated tree clearing activities during the maternity roosting season from May 15 — August 15. Service records show historic occurrences for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii) in the project vicinity and suitable habitat occurs onsite. Your correspondence also indicates that suitable habitat is present onsite for the federally endangered Michaux's sumac (Rhus michauxii) and smooth coneflower (Echinacea laevigata). Targeted surveys for these species were conducted, August, September and October, 2020 during their respective optimal survey windows. No evidence for these plants was detected at that time. Based on the information provided, we would concur with the proposed "may affect, not likely to adversely affect determination" for these species from the appropriate action agency. Moreover, we agree that onsite conditions do not support habitats for the federally endangered Carolina heelsplitter (Lasmigona decorata). Therefore, we have no concerns for this federally protected species and would not object to a `no effect' determination. Based on the information provided, we have no concerns for any other federally protected species and we require no further action at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following general recommendations on behalf of natural resources: Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Low Impact Development The Service is concerned about the potential stormwater-mediated impacts to streams and wetlands onsite. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Since the purpose of storm -water -control is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. We recommend that retention ponds be located at least 750 feet from small wetlands to minimize hydrologic disturbance and ecological function. Riparian Buffers Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: 1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from reaching streams; 2. enhance the in -stream processing of both point- and nonpoint-source pollutants; 3. act as "sponges" by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods); 4. catch and help prevent excess woody debris from entering the stream and creating logjams; 5. stabilize stream banks and maintain natural channel morphology; 6. provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web; and 7. maintain air and water temperatures around the stream. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-21-030. Sincerely, - - original signed - - Janet Mizzi Field Supervisor North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton November 10, 2020 Jennifer L. Robertson ATLAS Environmental, Inc. 338 South Sharon Amity Road, #411 Charlotte, NC 28211 Office of Archives and History Deputy Secretary Kevin Cherry jrobertson(oDatlasenvi. com Re: Construct subdivision, 2401 Rice Road, Matthews, Mecklenburg County, ER 20-2228 Dear Ms. Robertson: Thank you for your email of October 12, 2020, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. 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 919-814-6579 or environmental.review(a),ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. �Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6598 Jennifer Robertson From: laserfiche@ncdenr.gov Sent: Sunday, October 25, 2020 12:00 AM To: Jennifer Robertson Cc: alan.johnson@ncdenr.gov Subject: Pre -Filing Meeting is not needed for Rice Road Subdivision - 20201289 Ver 1 The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Rice Road Subdivision that you submitted on 9/24/2020 2:57 PM. The ID number for that project is 20201289, Version 1. It has been decided that no meeting is needed for this project. Project file link: https:Hedocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1299732 When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Dhanesh Kumar Kinger Homes, LLC 2401 Rice Road Matthews, NC 28105 Project: Rice Road Subdivision NORTH CAROLINA Environmental Quality January 4, 2021 Expiration of Acceptance: 7/4/2021 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050103 Warm Stream 32.5 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, - / v�d 4-�� FOR James. B Stanfill Asset Management Supervisor cc: 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 oi4 vm ao7k