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HomeMy WebLinkAbout20201907 Ver 1_New Haven PCN package_20210218Preliminary ORM Data Entry Fields for New Actions WEPG wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW - 20 20 - 02268 BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: New Haven Drive 2. Work Type: Private❑ Institutional ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Assign Action ID Number in ORM ❑ Government ❑ Commercial ❑ Nationwide Permit 29 request for residential development 4. Property Owner / Applicant [PCN Form A3 or A4]: Bowman Development Group, LLC 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.4042 ON -80.8287 °W Site is on New Haven Dr, north of Holbrooks Road, 8. Project Location - Tax Parcel ID [PCN Form 131a]: 01920122, 01920124 9. Project Location -County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersvllle 11. Project Information — Nearest Waterbody [PCN Form 132a]: South Prong Clark Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]:Rocky/ 03040105 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request �✓ Section 10 & 404 ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Oa 0W411IW1L069% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. February 18, 2021 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subiect: SAW-2020-02268; Pre -Construction Notification for NWP 429 for the New Haven Drive site in Huntersville, Mecklenburg County, North Carolina Messrs. Roden -Reynolds, Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the New Haven Drive site on 2.6 acres located at on New Haven Drive, north of Holbrooks Road in Huntersville, NC. The site is a proposed residential development and consists of one wetland. The site was field verified by USACE (Bryan Roden -Reynolds) on 2/3/21. An Approved Jurisdictional Determination was issued on 2/4/21 under SAW-2020-02268. Please refer to the Jurisdictional Determination Information and Approvals sections for information on onsite surface waters. As shown on the attached exhibits, the proposed project will require 0.317 acres of permanent impact to one wetland (Wetland A) for fill and grading required for the building pad, sanitary sewer installation, and road stabilization. Overall impacts to site surface waters associated with Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-b Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 1 len.rindner@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. the proposed development were limited through site selection location, design, and the location/orientation of the proposed lot and access route. Proposed impacts are unavoidable due to the central location of the wetland bisecting the site and the grade requirements for a residential house pad and surrounding yard and garden area. Additionally, the area adjacent to New Haven Drive will need to be graded to finish stabilizing the road as it is not designed to function as an impoundment structure. It was not possible to minimize impacts further due to site grading and existing sanitary sewer configuration. Efforts of impact minimization were implemented during the design process to preserve existing hydrology and limit adverse effects to existing, onsite natural habitat. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite conveyances. Please see the Engineer Correspondence section for more information on the site design parameters. To compensate for the anticipated permanent impacts to onsite wetlands, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 1:1 ratio for the 0.317 acres of low -quality wetland impact. Wetland A is a basin wetland in a remnant agricultural pond bed in an area highly impacted by the surrounding use and management. The wetland has substantially altered hydrologic connection, low quality vegetative composition, and no viable aquatic habitat. For more detail please see the NCWAM section. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (704) 999-5279 or email at heath. caldwellgwetlands-epg.com. Sincerely, V�Cav Heath Caldwell Len Rindner, PWS Environmental Scientist Principal Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 ID#* 20201907 Version* 1 Regional Office * Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 12/8/2020 Contact Name* Heath Caldwell Contact Email Address* heath.caldwell@wetlands-epg.com Project Name* New Haven Drive Project Owner* Bowman Development Project County* Mecklenburg Owner Address: Street Address 13815 Cinnabar Place Address Line 2 aty State / Rovince / Region Huntersville NC Fbstal / Zip axle Country 28078 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express * Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below.* The forthcoming PCN will include a request for Nationwide Permit 29 associated with the proposed New Haven Drive site on 2.6 acres north of Holbrooks Road in Huntersville, NC. There one wetland on site. An Approved Jurisdictional Determination will be submitted to the USACE with the PCN submission. Please give a couple of dates you are available for a meeting. 1 /1 /2021 Please attach the documentation you would like to have the meeting about. Context Maps 120720.pdf 918.65KB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 12/8/2020 C O V d d Q L. N CL Permit Application a`'oF w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: New Haven Drive 2b. County: Mecklenburg 2c. Nearest municipality / town: Huntersville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Bowman Development Group 3b. Deed Book and Page No. 33000/533 3c. Responsible Party (for LLC if applicable): Nate Bowman 3d. Street address: 13815 Cinnabar Place 3e. City, state, zip: Huntersville, NC 28078 3f. Telephone no.: (704)875-9704 3g. Fax no.: 3h. Email address: natebowman15@gmail.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: 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: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath.caldwelI@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 01920122, 01920124 1 b. Site coordinates (in decimal degrees): Latitude: 35.4009 Longitude:-80.8309 1 c. Property size: 2.6 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: South Prong Clarke Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Rocky/03040105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is located just south of New Haven Drive and north of Holbrooks Road in Huntersville, NC. The site is partially forested with an old agricultural pond bed. The elevation is 750-760ft. 3b. List the total estimated acreage of all existing wetlands on the property: 0.355 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The proposed project will involve filling 0.317 acres of a wetland for a residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2020-02268 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by B. Roden -Reynolds (USACE) on 2/4/2021. A copy of the signed JD approval is included in the Approvals section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Small -Basin Wetland No Corps 0.317 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.317 2h. Comments: For grading associated with a house pad, road stabilization, and sanitary sewer installation. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lot and access routes. Proposed impacts are unavoidable due to the central location of the wetland bisecting the site and the grade limitations/requirements fora residential house pad and sanitary sewer as well as the grading for the stabilization of New Haven Drive. The applicant has demonstrated avoidance and minimization efforts by limiting grading into the wetland required for stabilization of the embankment. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Per the engineer, the proposed grading is necessary to achieve cover for the sanitary sewer lateral, the stabilization of New Haven Drive, and for the house pad and yard/garden area. Additionally the existing 12" pipe that was installed temporarily to support construction of the road will be plugged and abandoned. The existing 36" culvert will be extended to an elevation at existing ground level that will neither drain or flood the remaining wetland. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: 0.317 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: A 1:1 ratio is proposed for the wetland impacts. Please see the NCWAM section for more information. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <24 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Total imperviousness is under 24% 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Town of Huntersville ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ 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 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 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 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.meeklenburgcountyne.gov/ Heath Caldwell vt r, 02-18-2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wetlands and Environmental Planning Group Agent Authorization Letter Leonard S. Rindner, PLLC. The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: New Haven Drive Property Address: New Haven Drive, north of Holbrooks Road Parcel Identification Number (PIN): 01920122, 01920124 Select one: I am the current property owner Name: Nate Bowman Company: Bowman Development Group Mailing Address: 13815 Cinnabar Place, Huntersville, NC Telephone Number: (704)875-9704 x101 Electronic Mail Address: natebowmanl5@gmail.com Property) Owner / Interested Buyer * / Other Date * The Interested Buyer/Other acknowledges that an agreement and/or -formal contract to purchase and/or conduct dine diligence activities exists between the current property owner and the signatouy of this authorization in cases where the property is not owned by the signatouy. Charlotte Office: www.wetlands-epg.com 777 Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len.rind ner a wetlands-epg.com ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Nate Bowman Bowman Development Group 13815 Cinnabar Place Huntersville, NC 28078 NORTH CAROLINA Environmental Quality February 8, 2021 Expiration of Acceptance: 8/8/2021 Project: New Haven Drive County: Mecklenburg This is a conditional acceptance letter. 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-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Non -Riparian Wetland* 0.40 Won -riparian wetland credit is not available in this service area. In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountains and piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits. 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.WiIliams@ncdenr.gov. cc: Heath Caldwell, agent Sincerely, FOR James. B Stanfill Asset Management Supervisor NORTH CAROLINAD_E Department of Environ—tal quality North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ►0 Maps/Plans erna �+ Huntersville 4 SITE * o mien Ve rrn i I lion o o`'�+ IDelLwood M r A fm Green, z APPROXIMATE Coy PROJECT BOUNDARY m 7 STUDY LIMITS m Way rr1 er Park Ole, -Rd 11� 1 / Ln Y11 q entrarl N Piedmont I omFrlunity College... Acres: New Haven Drive site Prepared for: +/- 2.6 Mecklenburg County, NC Bowman Development Group FIGURE 1 VICINITY MAP Drawn By: Reviewed By: 11/24/20 Subject to USACE/NCDEQ verification DCK LSR ,�, 1 , + h •F11 I, PROJECT BOUNDARY - - STUDY LIMITS w -- J% '�. Jr - 7 Pr a f � � i 1 , + ' %r I 1 rim bli�,L r�1 - - dip.. - I — fib r F Tr J N 1 + J Acres: New Haven Drive site +/- 2.6 Mecklenburg County, NC FIGURE 2 11/24/20 AERIAL MAP Subject to USACE/NCDEQ verification 1 t� I Aerial Imagery Provided by Mecklenburg GIS 2020 Prepared for: 3owman Development Group Drawn By: Reviewed By: ALL I DCK To South Prong Clark Creek i F qP r APPROXIMATES PROJECT BOUNDARY } I STUDY LIMITS elk k -do Ir ti 1: Leamin d, 1 SCALE " ' r LOCATION N USGS QUAD 1:24,000 Lat: 35.4042 °N Cornelius, NC ACRES Long:-80.8287 °W AL --AL j_ 1993 2.6 HUC: 03040105 (Rocky) Acres: New Haven Drive site Prepared for: +/- 2.6 Mecklenburg County, NC Bowman Development Group FIGURE 3 USGS MAP Drawn By: Reviewed By: 11/24/20 Subject to USACE/NCDEQ verification DCK LSR End kE 0 -OW APPROXIMATE PROJECT BOUNDARY STUDY LIMITS - f I V Af3 i� E n D6 Map Unit Symbol Map Unit Name Acts in AOI Percent of AOI EnD Enon sandy loam. S to 15 percent slopes 0-1 4.3% VV Water 0.9 35.3% VVkE Wilkes loam. 15 to 25 percent slopes 1.6 60.4% Totals for Area of Interest 2.7 100.0% N FNRCS Soil Survey Manuscript ecklenburg County 1976 Acres: New Haven Drive site Prepared for: +/- 2.6 MecklenbCounty, NC Bowman Development Group urg FIGURE 4 SOIL MANUSCRIPT MAP Drawn By: Reviewed By: 11/24/20 Subject to USACE/NCDEQ verification DCK LSR Wetlands ) 0 7 i H01brooks Rd N I is Acres: +/- 2.6 FIGURE 5 11/24/20 k PARCEL ID: 01920122 BOWMAN DEVELOPMENT GROUP tH13815 CINNABAR PL, UNTERSVILLE, NC 28078 � r APPROXIMATE _ _- PROJECT BOUNDARY STUDY LIMITS M i• 1411G-14399 }� I t �W � 4 i w New Haven Drive site Mecklenburg County, NC PARCEL MAP Subject to USACE/NCDEQ verification X to 1_#4 1 New +~� wpn or PARCEL ID: 01920124 BOWMAN DEVELOPMENT GROUP 144 3 'i Parcel Information Provided by Mecklenburg County GIS 2020 Prepared for: Bowman Development Group IWEPG Drawn By: I Reviewed By ALL ww SITE A \\\\ �+` `\ r lk`' VICINITY MAP NO SCALE j rl/A/�'� i \\ r I�\\'�\\11� �I� 1V eyy T � �• � i q � C' WETLANDA iv`vvIlll�i,Il'Itl Have 7, ".0.355AC. /ii'lill`v��I�iii�Il �V S'R# n j ',,/ I \ A: 266g uj 10 r ` olbroo �,�6 i, ; - GRAPHIC SCALE SHEET TITLE PRO=ND. 200 0 100 200 400 MUS f NG SITE CONDITIONS Si"•`=200' DALE 02/15/21 PROJECT �jyKp Y (HECKED BY IN FEET) a r�K INCLENBURG COUNTY, NC TOWN OFNW HU R HAVEN L 1 inch = 200 ft. FOR: BOWMAN DEVELOPMENT GROUP INC. r4PPm ar: Ymmwum-ghmAms R HOuiz, INC. DRAWING No. ?•L6 PlesNla��rveyiNj o BsjlNll/iMj BEAPoNGS BASED ON 0' (^ NC NGS BAD 83 1w North � EB87S � �' )troth • V PER OPUS (ARC S�SSION RaeLtrou— /C-0478 704A661000 704.668.0606(h:1 �✓ /' l �pSUE VA • +�,\I'/ICI:A1� 1i y1/✓'I�'+v -` +�-` v�iv A •� - _ T� �� 44 ,I t Vvv• v v '��+ �•� v,� �� `./ _ 7 -�* �" VICINITY MAP ; /' - \ ' \'✓`,, �` - - �. NO SCALE �Y�,' 6 '/ �"� }'/ I Y I , / ' I 11 JL_ •- ��`. - lllyy11yy11• �%!I 111 �l I�(' I �� --1 .� / h� ' 6'� J II•ll / I I SKIMMER SEDIMENT BASIN /1 - - W/ 90MMER AND POROUS BAFFLES SIOMMEA:4' W/ 7.9OMFIOE r CLEAR AND GRADE AS NECESSARY t, , STORAGE TOP: TO INSTALL DI #3. INSTALL TRASH SKIMMER REST 0" 758.% RACK, TIE SKIMMER TO DI /3 AT _ BASIN EI,OTTCM INVERT: 756.0' THE INVERT: 750.90 _ - ` r TOP OF DI ELEV. 755.5 :3 \ ` ��,+ m IMMER BAMEW 11SIN V K "I CONFIGURATION "AND FINAL GRADES IFOR FINAL STABIUZATON 1PHASEh %�j _ �.• \,.�I` '•�Jhr ( \ ' s p 1 /T�y_ V a v 1 PROP. SHED , I' , PROPOSED LOT ° -'I� PROPOSED STORM '� GRADING \\ ; %; I i. (II 14I DRAINAGE _SYSTEM WETLANDS IMPACT WETLANDS IMPACT _ , \ PROPOSED I ( SEE SHEET 3 OF 3 WETLAND ..A., I ` \ B°°rw s a�14ETLANDSIMPACT 13.814 S.F. \ I ` ;� \�It SEM 0.317 AC. 01 00. /_A Cx I GRAPHIC SCALE 200 0 100 200 4iC ( IN FEET ) 1 inch = 200 ft. BEARINGS BASED ON NC GRIO(NAO B3 PER OPUS STATIC SSION SHEET TITLE PROPOSED SITE D&ROVFIMM SCE•`--200' PROJECT WKD ED®A0BA DIM P01M CH BY TOWN OF �, MECLUSBURG COUNTY, NC vGK FOR: BOWMAN DEVELOPMENT RaQ1MtnDEVELLOPMENT GROUP. 11VC. mum RlADuum-WhWAI- ez Hou)� *NcDRAMNNO. figs J,c P1wwlwgSrsu�yiwt I Swq►tws ? Q�ra s ,,.fc_s,I "U60AM 704MIUD I.) -IT 7 EX.12" PIPE TO BE PLUGGED NeW H Z %' S, a ven Dr Mecklenburg \ aFti F� r . R. # 668 PROPOSED WIDE x y / / GENTLE SWALE Q s:, PIPE INV: PIPE INN 74200 TO MEANDER �TSa.Ro LLJ PROPOSED m \ \ \ \ \`\ DRIVEWAY F ( II �A� A� r l l / Of PROPOSED \ _• > I o HOUSE / \ I 314 36" RCP \ 96' 30°RCP �\ V AV A I Ifs ' m PROP. SAN. SEWER \� Mecklenburg I I \I I I I I I I LATERAL IN FILL PROP. SHED v �: WETLAND "A" - PROPOSED STORM ' WETLANDS IMPACT _ _ \ � ; ��. I i I DRAINAGE SYSTEM 13 814 S.F. \ \ \ \ / 4 PROPOSED WIDE 0.317 AC. \� PROPOSED 1 \l \I I I GENTLE SWALE \11'I GARDEN \ /� \ I ( ' I I\ \ TO MEANDER AREA INV OF PROP. PIPE TO 1 ; EXIST. 3 M65 64 MATCH GRADE TO EXIST. SAN. NOT DRAIN OR I - - _ \ �� SEWER FLOOD WETLAND �— \ WETLAND AREA TO REMAIN 0.046 AC. BouNOARY LINE (2,022 SF.) Mecklenburg 0.317 AC. WETLAND IMPACT GRAPHIC SCALE 100 0 50 100 200 d ONLY ONE LOT ALLOWED SUBDIVIDING IS NOT ALLOWED 1 inch = 100 ft. i REMNGq.eAsm ON NC rcKNAATID 4'S9RJ)) PER OPUS 0N Holbrooks Rd S.R. # 2446 SHEET TITLE PROJECT N0. WETLAND IMPACT DETAIL 'A" S 1.E 100' DATE 02/15/21 PROJECT DRAIN 8Y WKD NEW HAVEN DRIVE POND ° VGK BY TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NC FOR: BOWMAN DEVELOPMENT INC. �Gp/ROUP. INC.APPED BY: llAlMROUGH W.ILMAMS & HouLEy I DRAWNG NO. Planning o Surveying o Engineering w�l (m•�) 730 Windsor Oak Court P.O. Box 1198 NC Corporate Charlotte, North Carolina, 28273 Pineville, North Carolina, 28134 8 Registration ¢C-0475 704.556.1990 704.558.0505(fax) SHT New Haven Dr S.R.# 2668 �W ¢g a �ia w �w chi w W W W W d j I EX. STREET 1 I 3.91' 17 39, 3.23' EX. 8" DIP 761.32 7A1 nZ SAN. SWR. INV: 756.32 EX. 6' W.M. 3.08' TOP: 758.3 EX. 12CP OF POND TO BE"PLUGGED GgOSTOM EX151�N EXISTING CONDITIONS New Haven Dr o S.R.# 2668 ag �w CL 0 w w =)m W X W r0 [ EX. STREET 6' 17.39' 3.2.' SHOULDE EX. 8' DIP SAN. SWR. INV: 756.32 761.32 761.02 PROPOSED GRADE TOP OF DI 3 3:1 MAX. SLOPE 33EX. 6 PROP. MH 2 755.5 TOP: 758.3 3.50' RIM:755.6 ROPOSED GRADE 3.55' 2.83' �-88.30'0 PROP�36VRCP 0.50% PROP. DI 3 INV. 750.66 PROP. MH 2 INV. 750.22 PROP. HW 3 INV. 737.03 PROP. 48"RCP 19.90'0 0.13% INV. 737.00 PROPOSED CONDITIONS qW SHEET TITLE PROJECT N0. WETLAND IMPACT DETAIL "A" S i"'� 30' DATE 02/15/21 PROJECT oRAwN BY WKD NEW HAVEN DRIVE POND CHECKED BY VGK TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NC FOR: BOWMAN DEVELOPMENT GROUP, INC. YAPPm BY: YARBROUGH-WIIII.II.YA1bdS 8[ HOU%B9 INC. DRAWING N0. Planning o Surveying o Engineering 730 Windsor Oak Court P.O. Box 1198 NC Corporate Charlotte, North Carolina, 28273 Pineville, North Carolina, 28134 n Registration ,yC-0475 704.558.1990 704.558.0505(tes) 7 stir Q U Z NCWAM NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # SAW-2020-02268 NCDWR# Project Name Nelson Road Subdivision Date of Evaluation 2/3/2021 Applicant/Owner Name Bowman Development Wetland Site Name Wetland A Wetland Type Basin Wetland Assessor Name/Organization H.Caldwell/WEPG Level III Ecoregion Piedmont Nearest Named Water Body South Prong Clark Creek River Basin Catawba USGS 8-Digit Catalogue Unit 03040105 County Mecklenburg NCDWR Region Mooresville I-1 Yes M No Precipitation within 48 hrs? Latitude/Lonaitude (deci-dearees) 35.40137N/-80.8309W Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ®C ®C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ®A ®A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ®A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ®C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ®F ❑F ❑F >_ 20% coverage of clear-cut land ®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer— assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ®C ®C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ❑A Sediment deposition is not excessive, but at approximately natural levels. ®B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ®F ®F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ❑ B 1 to 4 ®C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT T o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps CU ®C ®C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer s ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ®A ®A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ®B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland is within an excavation/embankment for an adjacent roadway. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland A Wetland Type Basin Wetland Date of Assessment 2/3/2021 Assessor Name/Organization H.Caldwell/WEPG Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition NA Sub -surface Storage and Retention Condition NA Water Quality Pathogen Change Condition NA Particulate Change Soluble Change Physical Change Pollution Change Condition/Opportunity NA Opportunity Presence (Y/N) NA Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW Engineer Correspondence YARBROUGH-WILLIAMS & HOULE, INC. Planning *Surveying • Engineering NCBELS C-0475 SC COA332 February 17, 2021 New Haven Drive Site Design Parameters The purpose of this project is to create a building site for one single family house including a driveway, shed, garden area and yard. Design considerations: I. A Sanitary sewer lateral will be installed from the existing sanitary sewer trunk located on the east side of the property to the proposed house site on the west side of the property. It will be necessary to grade to achieve cover for this lateral. 2. The proposed house site, driveway, and area for the proposed shed, yard and garden will also need to be graded to achieve a usable site. 3. The area adjacent to New Haven Drive will need to be graded to finish stabilizing the road. The road is not allowed to function as an impoundment structure and was not designed to be an engineered dam. 4. The existing 12" pipe was installed to support construction of the road crossing and will be plugged and abandoned. The existing 36" culvert will be extended to an elevation at exist ground level to neither drain nor flood the remaining wetlands on site. 730 Windsor Oak Court, Charlotte, NC 28273 • P.O. Box 1198, Pineville, NC 28134 • 704.556.1990 • fax 704.556.0505 O .4—j c� .E v v we jurisdictional Determination Information + I+ ' h r + r , , ' Y i J k• jo�d. � •■ 1 rI I, ! ! !TEMPCULVERT•! ■-installed during• !construction• • r' , ■ �+ ■ ; ROADBED CULVERT +�'+ NEW HAVEN !:++ �• L ; ' • " - ROAD ! , ' � I 1 �• + i+ —�r T�• �i 4J F i F + ! r+,+ L J " op Y ' ,�+ +' ! ' ■ ' ! { • 1 !' FORMER POND y+' EXTENT AS SHOWN ON POLARIS + ; •� ', ■ Y " i i { ! - , Y • 1 • Y WETLAND +', •{Y '+, ! , ■ + ' �� _. -- � "•r'''r' ,+ ; Y i I FORM DPI ■ }' 'S'i `ice � + r ` • Y Y ' f i •Y Yi •'5 `5 _ `+ •5.5 • J 5 *1 � ``{'S - 'S}5~Y •5.5 •, � ', �, JURISDICTIONAL 5 ' S • ', 4 WETLAND A/AA " a�5 -0.374 AC '`5 • 1 L5 WETLAND `i FORMA 1 I . r L €• '. . �, �•Y 'S `5i•i' i, ■ ■ 1 1 � ' 1 t; 5 5 'S ' - 1 5 '+ • ' { ' ' Y ' ',Y'1- +'� 5 4 •Y •`L• `5y ai5 ``•Y', 5 ' S ' ' PROJECT BOUNDARY ``iyi'S ` r 5`} STUDY LIMITS •, '+ `L , • +- _ , �• , ■ + 1 i USACE VERIFICATION 'Y Acres: NEW HAVEN DRIVE POND Prepared for: +/- 2.6 County, NC Bowman Development Group Mecklenburg FIGURE 10 DELINEATION MAP Drawn By: Reviewed By 11/17/20 Subject to USACE/NCDEQ verification N RN ALL , . h , PHOTO 1 - WETLAND A -AA DATE/TIME 2020:09:24 - 12:48:00 COORDINATES: 35.4016,-80.8314 PHOTO 2 -VIEW WETLAND A -AA DATE/TIME 2020:11:17 - 12:25:00 COORDINATES: 35.4016,-80.8314 New Haven Drive Pond Yff PG Mecklenburg Co., NC— 09/24/20 and 11/17/20 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. a- J i O Q v oC 22 Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: New Haven Pond Mecklenburg County, North Carolina By: Lisa R. Gaffney Biologist Field investigation conducted on February 17, 2021 Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m New Haven Pond -Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The New Haven Pond site (+/- 2.6 acres) is located just south of New Haven Drive and just north of Holbrooks Road near its intersection with S. Old Statesville Road in Huntersville, North Carolina. The site consists of an old, agricultural pond bed. It can be found on the Cornelius, NC USGS Topographic Quadrangle Map; latitude is 35.4042 N, longitude is-80.8287 W. The elevation is 750 - 760 ft. (Figure 1). Fiaure 1: To South Prong Clark Creek r � � r` APPROXIMATE f '� PROJECT BOUNDARY k ' STUDY LIMITS � NZ 1 Learnin a SCALE LOCATION N USGS QUAD 1:24,000 Lat: 35.4042 9N r Cornelius, NC ACRES Long:-80.8287 ?W I , 1443 2.6 HUC: 03M105 (Rocky) r ,uPs' New Haven Drive site Prepared for- 6 Mecklenburg County, NC Bowman Development G roup EPG FIGURE 1 USGS MAP Drawn By: Reviewed By I V24120 subject to USACE/NCOE4 verification DCK LSR - Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. New Haven Pond -Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on February 17, 2021. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on February 17, 2021 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Vertebrate Northern Long -Eared Bat (Myotis septentrionalis) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Threatened Current Current Current Probable/Potential Protected under the Bald Current and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. New Haven Pond - Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring in Mecklenburg County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights -of -way, requiring abundant sunlight and little competition from other plant species. • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Four animal species with federal protection are listed as potentially occurring in Mecklenburg County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non - reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered, live in colonies that include a single queen and female workers. Rusty -patched Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). WEPG#00801 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. New Haven Pond -Threatened /Endangered /Protected Species Evaluation RESULTS: The site consists of an old, agricultural pond bed. New Haven Road on the dam side of the old pond is under reconstruction and the entire area is currently under some disturbance. The area upstream of the old pond is also under construction adjacent to Holbrooks Road. There are no remaining naturally vegetated areas on the site other than typical wetland fringe species of Cattails (Typha /atifolia), Sedges (Carex spp., Scirpus, spp. ), and Rushes (Juncus spp. ). Threatened & Endangered/Protected Species Results • There is no habitat for Schweinitz's Sunflower, Michaux's Sumac and Smooth Coneflower on this site. No individuals of Schweinitz's Sunflower, Smooth Coneflower, or Michaux's Sumac were observed. • No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. • This site does not have suitable habitat to support populations of the Carolina Heelsplitter. • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. Comparing this site location to the USFWS Range Map for Rusty -patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html) Mecklenburg County is in its Historic Range, and as such, Section 7 consultation is not needed. WEPG concludes that Rusty -patched Bumble Bee is not present. Wetlands and Environmental Planning Group New Haven Pond -Threatened /Endangered /Protected Species Evaluation RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist February 18, 2021 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. New Haven Pond -Threatened /Endangered /Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. EN Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02268 County: Mecklenburg U.S.G.S. Quad: NC- Cornelius NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Bowman Development Grout) Nate Bowman Address: 13815 Cinnabar Place Huntersville, NC 28078 Telephone Number: (704)875-9704 x101 E-mail: natebowman15(&t!mail.com Size (acres) 2_6 Nearest Town Huntersville Nearest Waterway Clarke Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.4009 Longitude:-80.8309 Location description: The review area is located on the north side of Holbrooks Road; approximately 0/1 miles east of the intersection of Holbrooks Road and Central Avenue. PINS: 01920122 and 01920124. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and dated 11/24/20. 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 DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2020-02268 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 brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 2/4/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/deternimation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/deternimation may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 04/21/2021. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Bryan Roden -Reynolds Corps Regulatory Official: 2021,02.0412:08:10-05'00' Date of JD: 2/4/2021 Expiration Date of JD: 02/19/2026 SAW-2020-02268 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Grout) Heath Caldwell Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: (704)999-5279 E-mail: heath.caldwell(&wctlands-ct)g.com Property Owner: Bowman Development Grout) Nate Bowman Address: 13815 Cinnabar Place Huntersville, NC 28078 Telephone Number: (704)875-9704 x101 E-mail: natebowman15(&t!mail.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Bowman Develo ment Grou , Nate Bowman I File Number: SAW-2020-02268 Date: 2/4/2021 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 ❑X APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 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 II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunit to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: 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 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) ® NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 2/4/2021 ORM Number: AW-2020-02268 Associated JDs: N/A Review Area Location': State/Territory: City: Huntersville County/Parish/Borough: Mecklenburg Center Coordinates of Review Area: Latitude 35.4009 Longitude-80.8309 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section 11.13). ❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). * There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination V/A I N/A C. Clean Water Act Section 404 Territorial Seas and Traditional Navi able Waters a 1 waters :3 a 1 Name a 1 Size a 1 Criteria Rationale fora 1 Determination Tributaries a 2 waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination N/A N/A I N/A. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): a 3 Name a 3 Size a 3 Criteria Rationale fora 3 Determination i Map(s)/figure(s) are attached to the AID provided to the requester 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. s A stand-alone TNW determination is completed independently of a request for an AID. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AID Form. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale fora 4 Determination Wetland A 0.374 acre(s) (a)(4) Wetland Wetland A has a connection to a downstream abuts an (a)(1)- jurisdictional water via a culvert. Wetland A is (a)(3) water. physically separated from an (a)(2) intermittent stream but has direct hydrologic connection via a culvert which allows flows during a typical year. D. Excluded Waters or Features Excluded waters b)(1) — b 12 :4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination N/A. III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. ❑x Information submitted by, or on behalf of, the applicant/consultant: Figures 1-11 This information is sufficient for purposes of this AJD. Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). ❑ Data sheets prepared by the Corps: Title(s) and/or date(s). ❑x Photographs: Aerial and Other: Figure 2, Aerial Map (Dated 11/24/20), Figure 3 1938 Historic Aerial Map (Dated 11/24/20), Figure 4, 1956 Historic Aerial Map (Dated 11/24/20), Figure 5 1960 Historic Aerial Map (Dated 11/24/20), Figure 11, Delineation Map (Dated 11/17/20), and Photographs 1-2 L Corps site visit(s) conducted on: 02/03/21 ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). ❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. ❑x USDA NRCS Soil Survey: Figure 7, Soil Manuscript Map (Soil Survey of Mecklenburg County Dated 1976) and Figure 8, NRCS Soils Map (Web Soil Survey of Mecklenburg County) ❑ USFWS NWI maps: Title(s) and/or date(s, ❑x USGS topographic maps: Figure 6, USGS Map (7.5-minute quadrangle Cornelius, NC) and Figure 9, 1960 Historic Topo Map (USGS) Other data sources used to aid in this determination: Data Source (select) Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. State/Local/Tribal Sources N/A. ' Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub- categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) ® NAVIGABLE WATERS PROTECTION RULE Data Source (select) Name and/or date and other relevant information Other Sources Figure 1, Vicinity Map (Dated 11124120) and Figure 10, Parcel Map (Dated 11 /24/20 B. Typical year assessment(s): The consultant (i.e., Wetlands and Environmental Planning Group) conduced a site visit on 11/17/20. The Antecedent Precipitation Tool (APT) was used for this date and determined the site was under wetter than normal conditions. The Corps conducted a site visit on 02/03/21. The APT was used for this date and determined the site was under normal conditions. C. Additional comments to support AJD: The proposed project area only contains one jurisdictional wetland. Page 2 of 2 Form Version 10 June 2020 updated