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HomeMy WebLinkAbout20201281 Ver 1_PCN_20210224Preliminary ORM Data Entry Fields for New Actions WEPGWetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2015 - 00562 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Villages at Cramerton 2. Work Type: Private - Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: JD and PCN 29 request for a residential development 4. Property Owner / Applicant [PCN Form A3 or A4]: Robert Bowman, VCM Bowman LLC 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Len Rindner, WEPG, PLLC 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.2233 N-81.0774 W, Cramerton Mills Parkway 8. Project Location -Tax Parcel ID [PCN Form 131a]: 358401 1865 9. Project Location — County [PCN Form A2b]: Gaston 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Cramerton 11. Project Information — Nearest Waterbody [PCN Form 132a]: South Fork Catawba River 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba/03050102 Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # ❑✓ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 DWR Pre-Fil ing Meeting Req u est Form ID#*Ve rsion * Re gional Office * Re v ie we r List * Contact Name * Contact Email Addre ss * Proje ct Name * Proje ct Owne r * Proje ct County * Owne r Addre ss: Is this a transportation proje ct?* Type (s) of approv al sought from the DWR: Doe s this proje ct hav e an e xisting proje ct ID#?* Do you know the name of the staff me mbe r you would like to re que st a me e ting with? Ple ase giv e a brie f proje ct de scription be low.* 20201281 1 Mooresville Regional Office - (704) 663-1699 Alan Johnson Pre-Filing Me eting Reque st submitte d 9/24/2020 Heath Caldwell heath.caldwell@wetlands-epg.com Villages at Cramerton VCM Bowman, LLC Gaston City Huntersville State / Province / Region NC Postal / Zip Code 28078 Country USA Street Address 13815 Cinnabar Place Address Line 2 Yes No 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Yes No Alan Johnson The forthcoming PCN will propose a NWP #29site on +/- 41.9 acres located south of Cramer Mountain Road near the intersection with Baltimore Road in Cramerton, NC. The site is a proposed residential development and consists of six streams and four wetlands. A Preliminary Jurisdictional Determination will be submitted with the permit application. The proposed application will include 203 lf of permanent stream impacts to two streams for road crossings. Please give a couple of dates you are available for a meeting. Ple ase attach the docume ntation you would like to hav e the me e ting about. Signature Submittal Date 10/15/2020 Villages at Cramerton Overview.pdf 345.78KB 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. · I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing meeting request. · I 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. 9/24/2020 1 February 24, 2021 Ms. Krysta Stygar U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Alan Johnson NCDENR Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wojoski NCDENR 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 Subject: Preliminary Jurisdictional Determination and Pre-Construction Notification for NWP #29 for the Villages at Cramerton Site, Gaston County, NC Ms. Stygar and Messrs. Johnson, Wojoski, and Hamstead, Enclosed is a request for a Jurisdictional Determination and Nationwide Permit #29 associated with the proposed Villages at Cramerton Mills site in Cramerton, Gaston County, NC. The site consists of four streams and three wetland areas. Total linear feet of stream and acreage of wetlands onsite are approximately 5,290 and 0.09, respectively. Currently, the site is associated with an expired Jurisdictional Determination and permit verification (SAW-2015-00562). Please refer to the Jurisdictional Determination Information section and the Approvals/Authorizations section for an updated request for verification of onsite surfacewaters and associated permit verifications, respectively. 2 Included in this application are references to the previous permit for this site and include proposed impacts that have either been permitted and constructed, were eliminated, or were installed without acquiring a permit. Portions of the previously permitted permanent stream and wetland impacts have already occurred. All proposed wetland impacts (Impact ID# W1, W2 and W3) and the proposed stream impacts S2 and S3 (see Section S2 Impacts) were completed under SAW-2015-00562. Proposed impacts associated with the previously permitted S1 were avoided as a result of modified access routes and development orientation. Impacts associated with the road crossing at Impact #1 include an existing 132LF culvert. As indicated in the previous authorization, only 77LF of stream impact were originally permitted at this proposed location (2015-00562). Due to steep grades and incorrect topography used in the previous design, it was determined, during construction, that a longer culvert was necessary to maintain stability of the crossing. At that time (circa 2019), a 55LF extension of the culvert was installed to establish a more stable crossing. Modeling of the current conditions and necessary design parameters for the proposed crossing established that an additional extension to the currently installed culvert would need to be added to provide additional stability at this crossing. This application proposes an additional 28LF extension of the existing culvert (160LF of permanent stream impact due to culvert) as well as 48LF of permanent impacts associated with rip rap installation required for additional streambed stability and construction access. This application requests a total loss to Waters of the US of 208LF. No additional impacts are proposed as part of this application. To compensate for the currently installed and proposed permanent impacts to onsite streams due to road crossings, the applicant is proposing payment to the North Carolina Division of Mitigation Services In-Lieu Fee Program at a 2:1 ratio for 273 linear feet of perennial stream. 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 len.rindner@wetlands-epg.com. Sincerely, Len Rindner, Principal Permit Application Permit Application Page 1 of 10 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. 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 1e. 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: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Villages at Cramerton Mills Gaston Cramerton VCM Bowman LLC 4654, 2441 Robert Bowman 13815 Cinnabar Place Huntersville, NC 28078 (704)875-9704 bowman31@gmail.com 29 Page 2 of 10 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: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Len Rindner Wetlands & Environmental Planning Group, PLLC 10612-D Providence Road, PMB 550 Charlotte, NC 28277 (704)999-5279 len.rindner@wetlands-epg.com Page 3 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): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 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: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 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): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 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. SAW-2015-00562 expired. Two of three permitted culverts were installed. Extensions to one of the installed culverts were necessary to provide stable crossings. This application will include impacts associated with extensions for the previously permitted culvert at Impact#1. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. 3584011865 -81.0784 41 South Fork Catawba River WS-V Catawba (03050102) The topography consists of upland ridges above moderate slopes grading into drainages and unnamed tributaries to South Fork Catawba River, with the elevation ranging from 590 to 700 ft. The site is partially disturbed from construction, and partially wooded on the lower slopes and stream corridors. 0.09 To construct a residential housing development Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. One culverts will be placed in stream channels for access WEPG This site was verified by W. Elliott (USACE) on 4/9/15. A copy of the signed JD approval is included in the Approvals section. This application is for construction of the final of 3 Phases. No additional phases are proposed. 35.2248 5,290 PJD request attached Nic Nelson Page 4 of 10 PCN Form – Version 1.4 January 2009 C.Proposed Impacts Inventory 1.Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams – tributaries Buffers Open Waters Pond Construction 2.Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 W2 W3 W4 W5 W6 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 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Choose one Choose one Yes/No - Yes/No - Yes/No - Yes/No - Yes/No - Yes/No - Culvert Stream B PER Corps 6 160 Stream B 6 48 208 77LF of impacts for Impact S1 were permitted under 2015-00562. A culvert extension of 55LF was installed for necessary stability of the crossing but was not permitted prior to construction. An additional extension of 28LF to the existing 132LF culvert is requested in this application. The 48LF of additional impact is proposed for stream stabilization and access. - - - - - - Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one P P - - - - Construction Access Choose one Choose one Choose one Choose one PER - - - - Corps - - - - Page 5 of 10 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 Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 O2 O3 O4 4f. Total open water impacts 4g. Comments: 5.Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated P1 P2 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 B2 B3 B4 B5 B6 6h.Total Buffer Impacts: 6i. Comments: Choose one Choose Choose one Yes/No - - - - Choose one Choose one Choose one Choose Choose Choose Choose one - - - - - - Yes/No Yes/No Yes/No Yes/No Yes/No ) Page 6 of 10 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1.Avoidance and Minimization 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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: Type: Type: 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: linear feet 4c. If using stream mitigation, stream temperature: 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. 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 lots and access routes. Large headwalls are proposed for the crossing and 2:1 slopes will be implemented where possible. Original plans included a third crossing; however, that crossing was avoided as a result of modified access routes and redesigned development orientation. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Utilities will cross through the proposed roadway crossings. 273 warm mitigation will be paid for currently proposed 208LF of impacts as well as the previously installed 65LF of culvert Choose one Choose one Choose one Page 7 of 10 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 8 of 10 PCN Form – Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW 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 39.66 Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Gaston County but will be designed to meet their criteria. Gaston County Gaston County Page 9 of 10 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1.Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 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): Portions of the proposed impacts have already occurred. Impacts associated with the road crossing at Impact #1 include an existing 132LF culvert. Only 77LF of stream impact were permitted at this proposed location (2015-00562). Due to steep grades and incorrect topography used in the previous design, it was determined during construction that a longer culvert was necessary to maintain stability of the crossing. Modeling of the current conditions and necessary design parameters for the proposed crossing established that an extension of the culvert would need to be installed to provide necessary stability at this crossing. This application proposes and additional 20LF extension of the existing culvert (160LF of permanent stream impact) as well as 48LF of permanent impacts for streambed stability and construction access. 3.Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 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. Final phase of construction proposed in this application. No additional development is anticipated. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 10 of 10 5.Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6.Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 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? Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date - 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. No essential fish habitat in this region. SHPO's website: https://nc.maps.arcgis.com/ www.fema.gov ; https://gis.gastongov.com/ Leonard Rindner 2/24/2021 Villages at Cramerton Cramerton Mills Parkway, Cramerton, NC04713104 Jurisdictional Determination Request D.PROPERTY ACCESS CERTIFICATION3 ·4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on­ site investigations, if neces sary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner ofrecord of the property. Print Name Capacity: [Z] Owner D Authorized Agent5 1· Zl> ·lt:> Date � Signature E. REASON FOR JD REQUEST: (Check as many as applicable) D I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. D I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. [Z] I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. D I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. D I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. D A Corps JD is require d in order obtain my local/state authorization. D I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. D I believe that the site may be comprised entirely of dry land. D Other: _________________________ _ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s).Version: May2017 Page 3 October 29, 2020 Robert Bowman VCM Bowman LLC 13815 Cinnabar Place Huntersville, NC 28078 Expiration of Acceptance: 4/29/2021 Project: Villages at Cramerton County: Gaston 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 Catawba 03050102 Warm Stream 315 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Heath Caldwell, agent Maps/Plans Maps/Plans VILLAGES AT CRAMERTON MILLS Gaston Co., NC VICINITY MAP Subject to USACE/NCDEQ verification FIGURE 1 6/19/20 Prepared for: Acres: +/- 41.9 Drawn By: BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS SITE ŽǁŵĂŶĞǀĞůŽƉŵĞŶƚ 'ƌŽƵƉ ALL VILLAGES AT CRAMERTON MILLS Gaston Co., NC AERIAL MAP Subject to USACE/NCDEQ verification FIGURE 2 6/19/20 Prepared for: Acres: +/- 41.9 Drawn By: BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS ALL Bowman Development Group Aerial Imagery Provided by Google Maps 2020 IRWIN CREEK VILLAGES AT CRAMERTON MILLS Gaston Co., NC USGS MAP Subject to USACE/NCDEQ verification FIGURE 3 6/19/20 Prepared for: Acres: +/- 41.9 Drawn By: BLK Reviewed By: LOCATION Lat: 35.2248 ºN Long: -81.0784 ºW HUC: 03050102 SOUTH FORK CATAWBA USGS QUAD Belmont, NC 1993 SCALE 1:24,000 PROJECT BOUNDARY STUDY LIMITS SOUTH FORK CATAWBA RIVER ŽǁŵĂŶĞǀĞůŽƉŵĞŶƚ 'ƌŽƵƉ ALL VILLAGES AT CRAMERTON MILLS Gaston Co., NC SOIL SURVEY MANUSCIPT MAP Subject to USACE/NCDEQ verification FIGURE 4 6/19/20 Prepared for: Acres: +/- 41.9 Drawn By: BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS Soil Survey Manuscript Gaston County 1977 ŽǁŵĂŶĞǀĞůŽƉŵĞŶƚ 'ƌŽƵƉ ALL VILLAGES AT CRAMERTON MILLS Gaston Co., NC FLOODPLAIN MAP Subject to USACE/NCDEQ verification FIGURE 5 6/19/20 Prepared for: Acres: +/- 41.9 Drawn By: BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS NO FEMA FLOODPLAIN AS PER GASTON COUNTY ONLINE GIS ŽǁŵĂŶĞǀĞůŽƉŵĞŶƚ 'ƌŽƵƉ ALL Floodplan Imagery Provided by Gaston Co GIS FIGURE NO. 6 VILLAGES AT CRAMERTON MILLS Gaston County, NC Parcel Map Approximate Boundary Depiction Gaston County GIS DATE: 8/7/2020 Drawn By: ALL Reviewed By: South Fork Catawba River Parcel # 221176, 221177 PIN # 3584011865, 3584035857 Neighborhood # 4A069 Name RIVER BLUFF CRAMERTON Owner ID 1636194 Owner 1 VCM BOWMAN LLC 13815 CINNABAR PL, HUNTERSVILLE, NC Property Boundary HAC Parcel Information Provided by Gaston Co GIS EXISTING 8" SANITARY SEW E R EXISTING 30' SANITARY SEWER EASEMENT (DB AND PG UNKNOWN) RJH (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - EXISTING CONDITION CRAMER M O U N T A I N R O A D 60' PUBLI C R / W HAMRICK ROAD 6 0 ' PUBL IC R /WSOUTHFORK RIVERFUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15.62 ACRES WETLAND $ 0.06 ACRE STREAM $ (pRPW) 2,303 LF/0.21 ACRE WETLAND B 0.0 ACRE (IMPACTED/FILLED) WETLAND C 0.012 ACRE (IMPACTED/FILLED) WETLAND E 0.02 ACRE (NO IMPACT) WETLAND Z (0.006 ACRE) STREAM B (pRPW) 1,318 LF/0.12 ACRE STREAM C (pRPW) 501 LF/0.03 ACRE EXISTING 30' SANITARY SEWER EASEMENT (DB AND PG UNKNOWN) EXSIT. 42" CULVERT EXISTING SEWER LINE STREAM ' (pRPW) 1,168LF/0.08 ACRE EXISTING SEWER LINE (IMPACTED/FILLED)  SHUPLWWHGXQGHU6$: 7 CRAME R T O N MI L L S P A R K W A Y (60' R/W)EMORY LANE (50 ' R /W ) MEYER S RI D G E R O A D (50' R/W )LIV I LANE (60 ' R /W )AMICA COURT(60' R/W) MAC ALLEY ( 2 0' R / W ) KEATS ALL E Y ( 2 0 ' R / W ) GREEN STR E E T " A " GREEN STREE T " B "CRAMERTON MILLS PARKWAY(60' R/W)7 PKG. SPACES8 PKG . SPACES8 PKG . SPACES 610 612 61 4 616 618 620 622 62462 6 608 607 609 611 610 612 61 4 616 618 620 622 62462 6 608 607 609 611 (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - OVERALL SITE IMPACT #1&2 IMPACT #2 PROPOSED ROAD CROSSING (STREAM') ±65 LF HAMRICK ROAD60' PUBL IC R/W CRAMER M O U N T A I N R O A D 60' PUBLI C R / W RJH IMPACT #1 PROPOSED ROAD CROSSING EXIST. CULVERT TO BE EXTENDED FROM BOTH ENDS (STREAM %) ± 200.46LF FUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15.62 ACRES PHASE A &B: THE IMPERVIOUS AREA FOR THE SINGLE FAMILY HOMES WAS BASED ON MAXIMUM FOOTPRINT OF 2,100 SQUARE FEET FOR THE BUNGALOW LOTS, 1,600 SQUARE FEET FOR THE COURTYARD COTTAGES, 1,000 SQUARE FEET FOR THE PARKSIDE COTTAGES, AND 800 SQUARE FEET FOR THE VILLAGE COTTAGES. PHASE C: Min. Lot Width: 22FT Min. Lot Size: 1,415 SF No. of Lots: 70 (Proposed) Density: 4.22 Units per Acre Road Lengths: TOTAL - 1379 LF PHASE C IMPERVIOUS= 60.75% AVARAGE IMPERVIOUS % FOR ALL SITE PHASES (A+B+C)= 39.66% PHASE A & B IMPERVIOUS= 34 % WETLAND B 0.0 ACRE (IMPACTED/FILLED) WETLAND C 0.012 ACRE (IMPACTED/FILLED) WETLAND E 0.02 ACRE (NO IMPACT) WETLAND Z (0.006 ACRE)  SHUPLWWHGXQGHU6$: (IMPACTED/FILLED) 8 12345678910111213141516171819202122232425262728293031323334353637383940414243444546474849505152535455565758596061626364656667686970RJH (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 IMPACT #1 PLAN VIEW - OVERALL SITE CRAM E R T O N MI L L S P A R K W A Y (60' R/ W) FUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES IMPACT #1 PROPOSED ROAD CROSSING EXIST. CULVERT TO BE EXTENDED FROM BOTH ENDS (STREAM %) ± 200.46LF EXIST. SEWER LINE 9 13 14 15 16 1718192021 56 57 58 59 ss RJH (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - PROPOSED ROAD CROSSING IMPACT #1 TOP OF BANK 30' UPLAND SWIM BUFFER CENTER LINE OF STREAM HEAD WALL#1 (TYP.) ±28.4LF PERMANENT IMPACT (TYP.) (TYP.) INSTALLATION OF MATERIAL FOR BANK STABILIZATION WILL BE PLACED ABOVE OHWM (SEE FIG 14)CRAMERTON M ILLSPARKWAY (57 ' R /W ) EXISTING SEWER TRUNK LINE WITH 30' EASEMENT EXISTING 42" CONCRETE CULVERT 132.4LF CROSSING UNDER CRAMERTON MILLS PARKWAY INV IN.=625.29' INV OUT=611.91' STATION 1+36.65 IMPACT #1 PROPOSED ROAD CROSSING (STREAM %) ±200.46LF (TYP.) ±20LF PERMANENT IMPACT (TYP.) HEAD WALL#2 (TYP.) INSTALLATION OF MATERIAL FOR BANK STABILIZATION WILL BE PLACED ABOVE OHWM (SEE FIG 14) 10 ELEV:644.49ELEV:644.71CRAMERTONMILLS PKWY50' PUBLIC R/WBOCBOCCL610620630640650660PLAN VIEW - PROPOSED STORM CULVERTIMPACT #1RJH(803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 2:1 SLOPE2:1 SLOPEEXISTING GRADENOTE: CULVERT INVERTS HAVE BEEN FIELDVERIFIED FOR DESIGN. CONTRACTOR TOVERIFY CULVERT LOCATION & INVERTSAGAIN PRIOR TO CULVERT PLACEMENT.PROP. HEADWALL #1PROP. CULVERTINV. IN 625.29EX. GROUNDINV UP 626.00PROPOSED GRADEPROP. HEADWALL #2PROP. CULVERT INV. OUT 611.91EX. GROUNDINV DOWN 612.911+200+20 0+40 0+60 0+80 1+00 1+400+0042" RCP 132.4LF CROSSING UNDER CRAMERTONMILLS PARKWAYSLOPE=10.10%PIPE TO BE BURIED AT A MINIMUM DEPTH OF 1.0'EXIST. 8" PVC SEWER LINEEXIST. 8" WATER LINE7.4 LF 42" RENFORCED CONCRETEPipe @ 10.10% CONNECTEDTO EXISTING PIPE20.66 LF 42" RENFORCED CONCRETEPipe @ 10.10% CONNECTEDTO EXISTING PIPE11 618 620 630 640 650 660 0+00 1+00 2+00 3+00 1.00% 4.72% -1.00% PVI STA: 1+33.84 PVI ELEV: 643.75 K: 20.00 LVC: 74.41 BVCS: 0+96.64BVCE: 643.38EVCS: 1+71.05EVCE: 645.50PVI STA: 2+65.77 PVI ELEV: 649.97 K: 20.00 LVC: 114.38 BVCS: 2+08.57BVCE: 647.27EVCS: 3+22.96EVCE: 649.40HIGH PT. STA: 3+02.98 HIGH PT ELEV: 649.50 CB#335CB#325PROP. 15" RCP INV = 642.37± CB#327 CB#32415" RCP 15" RCP PROFILE VIEW - CENTERLINE OF ROAD CROSSING IMPACT #1 42" RCP 132.4LF CROSSING UNDER CRAMERTON MILLS PARKWAY INV IN.=625.29' INV OUT=611.91' STATION: 1+36.65 21.2' 12 CRAME R T O N MI L L S P A R K W A Y (60' R/W )EMORY LANE (50 ' R /W ) MEYER S RI D G E R O A D (50' R/W )LIV I LANE (60 ' R /W )AMICA COURT(60' R/W) MAC ALLEY ( 2 0' R / W ) KEATS ALL E Y ( 2 0 ' R / W ) GREEN STR E E T " A " GREEN STREE T " B "CRAMERTON MILLS PARKWAY(60' R/W)7 PKG . SPACES8 PKG . SPACES8 PKG . SPACES662664 610 612 61 4 616 618 62 0 622 62 4626 60 8 60 7 609 611 66 6 610 612 61 4 616 618 62 0 622 62 4626 60 8 60 7 609 611 (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - STORM CONTROL MEASURES (SCMs) IMPACT #1&2 IMPACT #2 PROPOSED ROAD CROSSING (STREAM ' ) ±65 LF H A M R I C K RO A D 60 ' P U B L I C R / W CRAMER M O U N T A I N R O A D 60' PUBLI C R / W RJH IMPACT #1 PROPOSED ROAD CROSSING (STREAM %) ±200.46LF FUTURE PHASE 1C SST-5 SST-6 VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15.62 ACRES SF #1 IN PHASE C SF #1 IN PHASE B WETLAND B 0.0 ACRE (IMPACTED/FILLED) WETLAND C 0.012 ACRE (IMPACTED/FILLED) WETLAND E 0.02 ACRE (NO IMPACT) WETLAND Z (0.006 ACRE)  SHUPLWWHGXQGHU6$: (IMPACTED/FILLED) 13 EXISTING 8" SANITARY SEW E EXISTING 30' SANITARY SEWER EASEMENT (DB AND PG UNKNOWN) FE S - 2 4 JB- 4 7 FES-22 FES-23 DI- 4 6 DI- 4 9 DI- 4 8 DI- 5 2 DI- 5 3 FE S - 1 5 FE S - 1 6 FE S - 1 7 FE S - 1 8 JB- 3 4 CB - 3 5 CB - 3 7 JB - 3 6 DI- 3 9 DI- 3 8 DD I - 4 2 DI- 4 3 DI- 4 4 42"RCP 48" R C P RP P L - 2 RP P L - 3 DI- 5 4 FE S - 2 6 ssss ss ssssss ss ss ss ssss ssssss ssssssssssssss ssss ss ss ss ssssss ss ssssss ss ss DD I - 5 57 PKG . SPACES8 PKG . SPACES8 PKG . SPACES FE S - 2 0 FE S - 1 9 CB - 5 1 A CB - 5 1 B662664 610 612 61 4 616 618 620 62 2 624626 608 607 609 611 66 6 DI- 5 0 DI- 4 5 DI- 4 1 DD I - 4 0 610 612 61 4 616 618 620 62 2 624626 608 607 609 611 MH # 3 0 1 M H # 3 0 2 M H # 3 0 3 CB # 3 0 4 CB # 3 0 5 CB # 3 0 6 CB # 3 0 8 DD I # 3 0 9 CB # 3 1 0 C B # 3 1 1 CB # 3 1 2 CB # 3 1 3 CB # 3 1 4 C B # 3 1 5 C B # 3 1 6 CB # 3 1 7 CB # 3 1 8 CB # 3 1 9 CB # 3 2 0 CB # 3 2 1 CB # 3 2 2 CB # 3 2 3 CB # 3 2 4 C B # 3 2 5 C B # 3 2 7 CB # 3 2 8 CB # 3 2 9 CB # 3 3 0 CB # 3 3 1 CB # 3 3 2 CB # 3 3 3 CB # 3 3 4 CB # 3 3 5 CB # 3 3 6 CB # 3 3 7 C B # 3 3 8 C B # 3 3 9 CB # 3 4 0 CB # 3 4 1 CB # 3 4 2 C B # 3 4 3 FE S # 3 0 0 CB # 3 2 6 CB # 3 0 7 (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - STORM & SEWERS IMPACT #1&2 IMPACT #2 PROPOSED ROAD CROSSING (STREAM ') ±65 LF H A M R I C K RO A D 60 ' P U B L I C R /W CRAMER M O U N T A I N R O A D 60' PUBLI C R / W RJH FUTURE PHASE 1C VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15.62 ACRES IMPACT #1 PROPOSED ROAD CROSSING (STREAM %) ±200.46LF EXISTING SEWER LINE EXISTING SEWER LINE NOTE: PROPOSED STORM AND SEWERS ARE NOT IMPACTING ANY STREAM OR WETLAND PROPOSED SEWERS ARE CONNECTED TO THE TWO EXISTING SEWER LINES PROPOSED STORM ARE DRAINING TO BMP's  SHUPLWWHGXQGHU6$: 14 RJH (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 15 SAW-2015-00562 S2 Impact DetailsSAW-2015-00562 S2 Impact Details EMORY LANE (50 ' R /W ) MEYER S RI D G E R O A D (50' R/W ) 61 0 61 2 61 4 61 6 61 8 62 0 62 2 62 4 62 6 60 8 60 7 60 9 61 1 61 0 61 2 61 4 61 6 61 8 62 0 62 2 62 4 62 6 60 8 60 7 60 9 61 1 RJH (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 IMPACT #2 IMPACT #2 PROPOSED ROAD CROSSING (STREAM ') ±65 LF PLAN VIEW - OVERALL SITE VILLAGES AT CRAMERTON MILLS PHASE 1B 9.67 ACRES VILLAGES AT CRAMERTON MILLS PHASE 1A 15.62 ACRES WETLAND Z (0.006 ACRE) WETLAND B 0.0 ACRE (IMPACTED/FILLED) WETLAND C 0.012 ACRE (IMPACTED/FILLED) WETLAND E 0.02 ACRE (NO IMPACT)  SHUPLWWHGXQGHU6$: (IMPACTED/FILLED) 16 DDI-42 DI-43 48"RCP RPPL-3 ss ss ss 624 626626624624DL-6BDL-7622 626 620 627 646644642640638636634DL-6BDL-6B630626654652644642634632624 626626624624DL-6BDL-7622 626 620 627 646644642640638636634DL-6BDL-6B630626654652644642634632EX. MH14 EX. MH13 EX. MH12 RJH (803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 PLAN VIEW - PROPOSED ROAD CROSSING IMPACT #2 TOP OF BANK 30' UPLAND SWIM BUFFER CENTER LINE OF STREAM HEAD WALL (TYP.) NO IMPACT. INSTALLATION OF MATERIAL FOR BANK STABILIZATION WILL BE PLACED ABOVE OHWM (SEE FIG 13)CRAMERTON MILLSPARKWAY (57' R/W)8" EXISTING SEWER TRUNK LINE WITH 30' EASEMENT 675($0' 48" CONCRETE CULVERT 65LF CROSSING UNDER CRAMERTON MILLS PARKWAY INV IN.=614.2' INV OUT=612.5'STATION: 8+74.3' NO IMPACT. INSTALLATION OF MATERIAL FOR BANK STABILIZATION WILL BE PLACED ABOVE OHWM (SEE FIG 13) WETLAND B 0.0 ACRE (IMPACTED/FILLED) WETLAND C 0.012 ACRE (IMPACTED/FILLED) WETLAND E 0.02 ACRE (NO IMPACT)  SHUPLWWHGXQGHU6$: 17 600610620630640CRAMERTONMILLS PKWY60' PUBLIC R/WBOCBOCPLAN VIEW - PROPOSED STORM CULVERTIMPACT #2RJH(803) 802-1799 Fax: (803) 802-08861186 Stonecrest Blvd. Tega Cay, SC 29708 NOTE: CULVERT INVERTS HAVE BEEN FIELDVERIFIED FOR DESIGN. CONTRACTOR TOVERIFY CULVERT LOCATION & INVERTSAGAIN PRIOR TO CULVERT PLACEMENT.8" SEWER MAINHEAD WALLSEE WALL PLANSFOR SPECIFICATIONS2'-6" STANDARD C&G(STAT. 8+74.3)EX. CREEK C/LPROP ROW30' FROM C/LPROP. HEAD WALLPROP. HANDDRAILSEE GP-848" RCP, CLASS IIIINLET INV. ELEV.= 614.2OUTLET INV. ELEV.= 612.50LENGTH = 65.0'SLOPE = 2.62%PIPE TO BE BURIED ATA MINIMUM DEPTH OF 1.0'6" WATER MAINPROP ROW30' FROM C/LNOTE: RCP TO BE EMBEDDEDINTO CREEK BOTTOM 20%0+0.000+32.500+32.500+60.630+70.45CL18 DI-43STAT: 9+84.99RIM: 624.70INV. OUT: 622.00DI-42STAT: 10+10.48RIM: 624.30INV. IN: 621.55INV. OUT: 621.0518"RCP 48"RCP 3.5' MIN. 8" WM CRAMERTON MILLS PARKWAY RJH 1186 Stonecrest Blvd. Tega Cay, SC 29708 PROFILE VIEW - ROAD PROFILE 48" RCP, CLASS III INLET INV. ELEV.= 606.00 OUTLET INV. ELEV.= 609.00 LENGTH = 65.0' SLOPE = 4.62% PIPE TO BE BURIED AT A MINIMUM DEPTH OF 1.0' IMPACT #2 610 620 630 640 0+00 0+50 1+00 1+50 2+00 2+50 19 Jurisdictional Determination Jurisdictional Determination Information 1 January 2020 U.S. Army Corps of Engineers – Wilmington District - Regulatory Division REQUEST FOR JURISDICTIONAL DETERMINATION (JD) (For Jurisdictional Status and Identifying Wetlands and Other Aquatic Resources) I.PROPERTY AND CONTACT INFORMATION A.Site Details/Location: Site Name/Number:Request Date: County: Acreage: Latitude*: Longitude*: Parcel ID Number (PIN) #(s): Property Address: City: State: Zip Code: File number(s) of previous determinations associated with the site: *Coordinates must be provided in decimal degrees ONLY. B.Property Owner Information (if there are multiple property owners, complete an additional owner sheet) First Name: Last Name: Company Name (if applicable): Address: City: State: Zip Code: Daytime Phone: Email: C.Requestor of Jurisdictional Determination/Delineation ______Same as Property Owner First Name: Last Name: Company Name (if applicable): Address: City: State: Zip Code: Phone: Email: D.Agent Acting on Behalf of the Requestor (must include an agent authorization signed by requestor): First Name: Last Name: Company Name (if applicable): Address: City: State: Zip Code: Phone: Email: II.REASON FOR REQUEST III.TYPE OF REQUEST: (check all that apply) Approved1 Jurisdictional Determination (AJD) Preliminary2 Jurisdictional Determination (PJD) I am uncertain and request and require additional information to inform my decision 1Approved – An AJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, an AJD is used to indicate that this office has identified the presence or absence of wetlands and/or other aquatic resources on a site, including their accurate location(s) and boundaries, as well as their jurisdictional status. AJDs are valid for 5 years. 2Preliminary – A PJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, a PJD is used to indicate that this office has identified the approximate location(s) and boundaries of wetlands and/or other aquatic resources on a site that are presumed to be subject to regulatory jurisdiction of the Corps of Engineers. Unlike an AJD, a PJD does not represent a definitive, official determination that there are, or that there are not, jurisdictional aquatic resources on a site, and does not have an expiration date. Villages at Cramerton Mills 02/24/2021 Gaston 41.9 35.2248 N -81.0784 W 3584011865 Camerton Mills Pkwy Cramerton NC 28032 200630728; 201500562 (both expired) Robert Bowman VCM Bowman,LLC 13815 Cinnabar Place Huntersville NC 28078 704-875-9704 bowman31@gmail.com Robert Bowman VCM Bowman,LLC 13815 Cinnabar Place Huntersville NC 28078 704-875-9704 bowman31@gmail.com ✔ Len Ridner Wetlands and Environmental Planning Group 10612-D Providence Road Charlotte NC 28277 (704)999-5279 len.rindner@wetlands-epg.com Jurisdictional Determination Request for a Residential Developement ✔ 2 January 2020 IV. SUPPORTING INFORMATION (agents/environmental consultants only) – please list the number and date of all figures/maps/datasheets included in the delineation report – all sources must be properly cited on the figure/map. Delineation Map USGS Topo NRCS Soils Survey USFWS NWI FEMA/FIRM Maps USGS NHD USGS HUC Navigable waters' study Aerial Imagery Wetland Datasheet (data point labels) Photo Log Other sources: V.AGENT/REQUESTOR CERTIFICATION (agent or requestor listed in Section I (C) or (D) of this request) By signing below, I certify that the information in this document and any attached documents is true and correct to the best of my knowledge. Signature Printed Name and Date VI. LEGAL RIGHT OF ENTRY (owner listed in Section I(B) of this request - if there are multiple property owners, complete an additional owner sheet) By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record or easement holder of the property identified herein or have other legal or statutory authority to allow right-of entry onto this property. Signature Printed Name and Date ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 CHARLOTTE REGULATORY FIELD OFFICE Please use the Asheville Field Office phone contacts for the Charlotte Regulatory Field Office until further notice RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 General Number: (910) 251-4633 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 General Number: (910) 251-4610 Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. >ĞŶZŝĚŶĞƌ Please see attached Add Aquatic Resource Table Validate and SubmitAdd Additional Owner Sheet Add Agent Authorization Sheet Photo 1-4 (6/26/20) Figure 7 (12/10/20) Figure 3 (6/19/20) Figure 4 (6/19/20) USACE Wetland Data Form C/CC and USACE Wetland Data Form Upland DP1 (6.26.20) Figure 2 (6/19/20) Figure1- Vinitity Map (6/19/20) Figure 5-Floodplain Map (6/19/20), Figure 6 (Parcel Map, 8/7/20), DWQ Stream A form(6.26.26) DWQ Stream F form(6.26.26) TABLE OF AQUATIC RESOURCES WITHIN REVIEW AREA Waters Name Latitude (decimal degrees) Longitude (decimal degrees) Quantity of resources in review area (number) Measurement Type Cowardin Code Geographic authority (i.e., 404 and/or 10) U.S. State Rapanos Waters Type (For AJDs only) Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. -DQXDU\ tĞƚůĂŶĚ:35.2262 -81.0790 0.06 acre RP 404 NC Stream A 35.2250 -81.0810 2303 feet R5 404 NC Stream B 35.2260 -81.0760 1318 feet R5 404 NC Stream C 35.2217 -81.0756 501 feet R4 404 NC Stream D 35.2223 -81.0759 1168 feet R5 404 NC Wetland E 35.2220 -81.0768 0.02 acre RP 404 NC Wetland I 35.2255 -81.0777 0.01 acre RP 404 NC 450 225 0 450(Feet)SCALE FIGURE NO. 20 VILLAGES AT CRAMERTON MILLS Gaston County, NC DELINEATION MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDENR VERIFICATION DATE: 2/20/2015 Drawn By: HAC ALL Reviewed By: South Fork Catawba River PERENNIAL STREAM A 2,303 lf / 0.21 acre WETLAND A 0.06 acre PERENNIAL STREAM D 1,168 lf / 0.08 acre WETLAND E 0.02 acre INTERMITTENT STREAM C 501 lf / 0.03 acre PERENNIAL STREAM B 1,318 lf / 0.12 acre Property Boundary REVISED 12/10/20 WETLAND I 0.01 acre NCDEQ STREAM FORM D USACE WETLAND DATA FORM E USACE UPLAND DP1 4 1 2 3 Villages at Cramerton Mills Gaston Co., NC – 6/26/20 PHOTO 1 – VIEW INTERMITTENT STREAM B DATE/TIME 2020:06:26 – 10:14:00 COORDINATES: 35.2233, -81.0777 PHOTO 2 – PERENNIAL STREAM D DATE/TIME 2020:06:26 – 10:01:00 COORDINATES: 35.2223, -81.0759 Villages at Cramerton Mills Gaston Co, NC – 6/26/20 PHOTO 3 – VIEW STREAM C-CC DATE/TIME 2020:06:26 – 09:15:00 COORDINATES: 35.2217, -81.0756 PHOTO 4 – VIEW WETLAND I DATE/TIME 2020:06:26 – 11:28:00 COORDINATES: 35.2251, -81.0786 STREAM REACH EVALUATION FORM Date:6/26/20 Evaluator:NRN Easting:-81.0759 Project:Villages at Cramerton Mills: Perennial Stream D Northing:35.2223 Total Points: Stream is at least intermittent if > 19 or perennial if > 30* (right-click the purple number and left-click Update Field to summarize points) 35.0 A. Geomorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In-channel structure: riffle- / step- pool sequence 0 1 2 3 2 4. Particle size of stream substrate 0 1 2 3 3 5. Active/relic floodplain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 2 7. Recent alluvial deposits 0 1 2 3 2 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 1.5 10. Natural valley 0 0.5 1 1.5 1.5 11.Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 18.0 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 2 13. Iron Oxidizing Bacteria 0 1 2 3 2 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles (Wrack lines)0 0.5 1 1.5 1 17. Soil-based Evidence of high water table?No = 0 Yes = 3 3 Hydrology Subtotal 10.0 C. Biology 18.Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance)0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 1 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 7.0 * perennial streams may also be identified using other methods. See page 35 of NCDWQ manual. Notes:Feature has non-native material from adjacent development throughout. Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their Origins. (version 4.11) Wtld E ChA: Chewacla Loam, 0 – 2% slopes N 35.2222 Villages at Cramer Mills Gaston County NC MLRA 136 valley LSR 0 – 2% WGS84 X N N N N N N X X X X Precip Total (in.) for previous 30 days: 5.6 Precip Total (in.) for previous 60 days: 13.5 X X X X 0 - 2 X 0 - 8 X 0 Concave W 81.0768 X X X X Y 6/26/20 VCM Bowman, LLC Wtld E Fraxinus pennsylvanica Fraxinus pennsylvanica Fagus grandifolia Ligustrum sinense Elaeagnus umbellata Sambucus nigra Fraxinus pennsylvanica Ligustrum sinense Lonicera japonica 10 5 15 15 15 15 10 10 5 Y Y Y Y Y Y Y Y Y FACW FACU FACW NI FACU FACW FAC FACU FAC 5 9 55.5% x X 30’ 30’ 30’ 30’ 30’ 2.5 1 5 17.5 7 35 15 6 30 7.5 3 15 7.5 3 15 0 - 18 7.5YR 4/1 95 5 C PL Wtld E Sandy Clay Loam X X 7.5YR 5/8 ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Long: x Are Vegetation , Soil , or Hydrology Yes Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No x No x X No x Yes x Yes x Yes x X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply)Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Upland Data Point 1 was taken approximately 15' East of Wetland C-CC. HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Villages at Cramerton Mills Cramerton/Gaston Co Upland DP1 6/26/20 NC No Section, Township, Range:NRN 15-25ConcaveValley Datum:-81.0768 NWI classification: Slope (%):Local relief (concave, convex, none): Yes No Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.2210 Soil Map Unit Name: TaE: Tatum gravelly loam Are climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: VCM Bowman X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X18 =Total Cover35 35 Yes FACU Remarks: (Include photo numbers here or on a separate sheet.) )5' =Total Cover FACYes 7 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 50 20 30 0 Yes Yes FACU FACU 120 0 640 Multiply by: 0 3.80Prevalence Index = B/A = 0 Prevalence Index worksheet: FAC Total % Cover of: 40 160 (A) (B) (A) 2 1128 5 15' Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 30') Lonicera japonica 10 55 Microstegium vimineum 10 55 Elaeagnus angustifolia Tree Stratum ) =Total Cover Liriodendron tulipifera Fagus grandifolia Liquidambar styraciflua 30') 100 Indicator Status 35 35 Yes Dominant Species? Yes FACU OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 33.3% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No Upland DP1 2 6 FACU species UPL species Hydrophytic Vegetation Indicators: 0 760 0 200 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 100 Loamy/Clayey Loamy/Clayey 100 Color (moist) Matrix 7.5YR 4/6 7.5YR 4/4 3-20 0-3 Upland DP1SOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) %Texture Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) Threatened & Endangered Species Report Threatened & Endangered Species Report Threatened / Endangered / Protected Species Evaluation For Villages at Cramerton Gaston County, North Carolina By: Lisa R. Gaffney July 23, 2020 Field investigation conducted during the week of July 19, 2020 Villages at Cramerton - Threatened / Endangered / Protected Species Evaluation #00713 2 GENERAL LANDSCAPE DESCRIPTION: The Villages at Cramerton site (+/-41.9 acres) is located just south of Cramer Mountain Road, and just north of Hamrick Road in Gaston County, North Carolina. It can be found on the Belmont, NC USGS Topographic Quadrangle Map; latitude is 35.2248 N, longitude is -81.0784 W. The topography consists of upland ridges above moderate slopes grading into drainages and unnamed tributaries to South Fork Catawba River, with the elevation ranging from 590 to 700 ft. (Figure 1). The site is partially disturbed from construction, and partially wooded on the lower slopes and stream corridors. Figure 1: Villages at Cramerton - Threatened / Endangered / Protected Species Evaluation #00713 3 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 Gaston County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the week of July 19, 2020. Table 1: Threatened / Endangered / Protected Species listed for Gaston County *Source: US Fish & Wildlife Service **Data search on July 19, 2020 Group Name Status Flowering Plants Dwarf-flowered heartleaf (Hexastylis naniflora) Threatened Flowering Plants Schweinitz's sunflower (Helianthus schweinitzii) Endangered Reptiles Bog turtle (Glyptemys muhlenbergii) Similarity of Appearance (Threatened) Mammals Northern Long- Eared Bat (Myotis septentrionalis) Threatened Birds Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act Villages at Cramerton - Threatened / Endangered / Protected Species Evaluation #00713 4 SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Gaston 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). • Dwarf-flowered Heartleaf (Hexastylis naniflora), listed as Federally Threatened, is only found in the upper Piedmont of North and South Carolina. It grows in acidic soils along bluffs and adjacent slopes, often in association with mountain laurel. Three animal species with federal protection are listed as potentially occurring in Gaston 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. • Bog Turtle (Glyptemys muhlenburgii), Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. • 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. Villages at Cramerton - Threatened / Endangered / Protected Species Evaluation #00713 5 RESULTS: The site is partially disturbed from residential construction on the uplands and partially wooded on the lower slopes and stream corridors which are composed of a mixed hardwood forest community. Mixed Oaks and Hickories dominate the forest cover. Canopy trees present include White Oak (Quercus alba), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Mockernut Hickory (Carya tomentosa), Pignut Hickory (C. glabra), Tulip Poplar (Liriodendron tulipifera), Sweetgum (Liquidambar styraciflua), and Shortleaf Pine (Pinus echinata). The subcanopy is composed of Red Maple (Acer rubrum), Sourwood (Oxydendrum arboreum), American Beech (Fagus grandifolia), Flowering Dogwood (Cornus florida), Redbud (Cercis canadensis), American Holly (Ilex opaca), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), and Black Gum (Nyssa sylvatica). The shrub layer includes Black Haw (Viburnum prunifolium), Strawberry bush (Euonymus americanus), Chinese Privet (Ligustrum sinense), Multiflora Rose (Rosa multiflora), Blueberry (Vaccinium spp.), and Russian Olive (Elaeagnus angustifolia). Buckeye (Aesculus sylvatica) is common on lower slopes. Vines include Japanese Honeysuckle (Lonicera japonica), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The herb layer includes Christmas Fern (Polystichum acrostichoides), Spotted Wintergreen (Chimaphila maculata), Running Pine (Lycopodium flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens), and Japanese Stilt Grass (Microstegium vimineum). Many areas are over-run by Ground Ivy (Glechoma hederacea), an invasive perennial creeper. The roadside along Cramer Mountain Road has turf grass shoulders and ditches, along with patches of narrow weedy buffers along the tree line and is relatively shady. Transitional species in un-mowed spots include Blackberry (Rubus sp.), Sericea Lespedeza (Lespedeza cuneata), Goldenrod (Solidago sp.), Ragweed (Ambrosia sp.), Pokeweed (Phytolacca americana), Wingstem (Verbesina sp.), and Dogfennel (Eupatorium capillifolium). The roadside along Hamrick Road is landscaped with turf grass and frequently mowed. Villages at Cramerton - Threatened / Endangered / Protected Species Evaluation #00713 6 Threatened / Endangered / Protected Species Results • The wooded slopes and drainages were examined for Dwarf-flowered Heartleaf (Hexastylis naniflora), and no individuals of this species or any species of Hexastylis were observed. • The potential habitat along the roadsides was closely examined for Schweinitz’s Sunflower (Helianthus schweinitzii). No individuals of Schweinitz’s Sunflower were observed. • The site has no suitable habitat for Bog Turtles (Glyptemys muhlenbergii) . No individuals were observed during the survey nor would any be expected on-site. • There is no suitable habitat for Bald Eagles (Haliaeetus leucocephalus) on this site. No Eagles were observed. • Comparing this site location to the USFWS Asheville office’s website (http://www.fws.gov/asheville/htmls/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. 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 July 23, 2020 Villages at Cramerton - Threatened / Endangered / Protected Species Evaluation #00713 7 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. Approvals Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2015-00562 County: Gaston USGS Quad: NC-BELMONT GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner I Authorized Agent: Robert Bowman, VCM Bowman,LLC Address: 13815 Cinnabar Place Huntersville, North Carolina 28078 Telephone No.: 704-875-9704 Size and location of property (water body, road name/number, town, etc.): The project is located on Cramer Mountain Road At Villages at Cramerton Mills subdivision, near Cramerton in Gaston County, NC. Coordinates 35.224471N, -81.077397W Description of projects area and activity: This permit authorizes excavation and placement of fill material associated with Residential Development. Authorized impacts are listed in the table below. Applicable Law: r8] Section 404 (Clean Water Act, 33 USC 1344) D Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 18 & 29 Summary of Authorized Impacts and Required Mitigation Impact ID# NWP / Open Water ( ac) Wetland ( ac) Stream (lf) GP# Temporary Permanent Temporary Permanent Temporary Permanent Wl 29 .013 W2 29 .012 W3 18 0.006 Sl 29 89 S2 29 77 S3 29 65 S4 29 30 Impact Totals .031 30 231 Total Loss of Waters of the U.S. (ac) .031 Total Loss of Waters of the U.S. (lf) I 231 Required Wetland I Required Stream Mitigation (lf) I 231 Mitigation ( ac) Additional Remarks and/or Special Permit Conditions *Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches or less shall be buried at an appropriate depth to maintain aquatic passage as defined in Final Regional Condition 3.6 attached to this NWP. Any impact deviation to the approved plan must be approved by prior notification from the Corps before these impacts can occur. MITIGATION "In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization." As compensatory mitigation, the applicant will provide payment to the North Carolina Division of Mitigation Services (DMS) for 231 If of Warm Stream credits. Payment must be made prior to conducting the authorized work. Corps Regulatory Official _William Elliott ��°'�' ,.,.",� / Date: U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Robert Bowman Project Name: Villages at Cramerton Mills Phase 1 Action ID: SAW 2015-00562 County: Gaston Instructions to Permittee: The Permittee must provide a copy of this form to the M itigation Sponsor, either an approved M itigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project M anager, and the Wilmington District M itigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050102, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm I Cool I Cold Riparian Riverine I Riparian Non-Riverine I Non-Riparian 231 I 0 I 0 0 I 0 I 0 I CoastalI 0 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050102, Catawba River Basin Stream M itigation (credits) Wetland M itigation (credits) Warm I Cool I Cold Riparian Riverine I Riparian Non-Riverine I Non-Riparian I Coastal 231 I 0 I 0 0 I 0 I 0 I 0 Mitigation Site Debited: NC =D�M�S�--------------------------------­ (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCD M S. If the NCD M S acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the M itigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: ___________________________________ _ Name of Sponsor's Authorized Representative: ___________________________ _ Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 October, 2013 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: •Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for provi_ding the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. •Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation {NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. •Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/lLF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager {address below) is provided with a signed copy of this form. •If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina lnteragency Review Team {NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/lLF Instrument. Comments/ Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3} the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil}. Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: William Elliott Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Email: william.a.elliott@usace.army.mil 'I oJJ/ � L-�✓/744/ta�):(1 ��USACE Project Manager Signature April 9, 2015 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 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 our website at http://regulatory.usacesurvey.com/ to complete the survey online. A.VA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor VCM Bowman, LLC c/o Mr. Robert Bowman 13815 Cinnabar Place Hunter sville, NC 28 078 Donald van der Vaart Secretary April 7, 2015 DWR# 15-0218 Gaston County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Villages of Cramerton Mills Dear Mr. Bowman: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated February 20, 2015, and received by the Division of Water Resources (the Division) on February 23, 2015. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3890 which can be viewed on our web site at http://portal.ncdenr.org/web/wg/swp/ws/401. The General Certification allows you to use Nationwide Permit Number 29 once ii is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 40 4 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: 1.This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507(c) 2.The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e)] Mooresville Regional Office, 610 East Center Avenue, Mooresville. North Carolina 28155 Phone: 704-663-1699\ Internet: www.ncdenr.gov An Equal Opportunity\ Affirmative Ac\lon Employer -Made 1n part by recycled paper DWR# 15-0218 3.Approved Impacts: Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 30 linear ft. 231 linear ft. Wetland 0 acre. 0.31 acre 4.Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c )(3) 5.Bare/fill slopes in excess of 10-feet in height and within 30-feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6.You are required to provide one copy of the approved SMP, including plan details on full-sized plan sheets, with proof of approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from DWR 401 Unit or delegated program. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. 15A NCAC 02H .0506(b)(5) 7.Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR. 8.Mitigation [15A NCAC 02H .0500(h}] must be provided for the proposed impacts as specified in the table below. The Division has received notification/acceptance from the City of Charlotte Umbrella Stream and Wetland Mitigation Bank to meet this mitigation requirement. Until the City of Charlotte receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Certification authorizes payment to meet the following compensatory mitigation requirement: Compensatory Mitigation River and Sub-basin Number Required Stream 231 (feet) Catawba (03050102) 1:1 ratio Wetlands 0 (acres) DWR# 15-0218 9.Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 10. Heavy equipment may be operated within the stream channels however; its usag e shall be minimized to the extent practical. 15A NCAC 02H.0506(b)(3) 11.During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15A NCAC 02H.0506(b)(3) 14.AII mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3) 15.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3) 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 15A NCAC 02H.0501 and .0502 17.The permittee shall report any violations of this Certification to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). DWR# 15-0218 The petitio ns may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Rd. Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360. Attachments Sincerely, Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DENR cc: Army Corps of Engineers, Asheville, david.w.brown@usace.army.mil (email) Karen Higgins, Wetlands Unit Len Rindner, Len.rindner@wetlands -epg.com (email) MRO, Land Quality