20210170 Ver 1_Bell Farm PCN Package_dup_20210226

Preliminary ORM Data Entry Fields for New Actions
SAW – 201 - BEGIN DATE [Received Date]:
Prepare file folder Assign Action ID Number in ORM
1.Project Name [PCN Form A2a]:
2.Work Type: Private Institutional Government Commercial
3.Project Description / Purpose [PCN Form B3d and B3e]:
4.Property Owner / Applicant [PCN Form A3 or A4]:
5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]:
6.Related Action ID Number(s) [PCN Form B5b]:
7.Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:

8.Project Location - Tax Parcel ID [PCN Form B1a]:
9.Project Location – County [PCN Form A2b]:
10.Project Location – Nearest Municipality or Town [PCN Form A2c]:
11.Project Information – Nearest Waterbody [PCN Form B2a]:
12.Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 & 404
Regulatory Action Type:
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Pre-Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602
20 01574
Bell Farms
✔
Nationwide Permit request for a residential development
Lennar (applicant)
WEPG, PLLC c/o Daniel Kuefler
35.7955 N, -80.8257 W
Near the intersection of E Broad Street and S Greenbriar Road
4754885554
Iredell
Statesville
Fourth Creek
Yadkin-PeeDee/03040102
✔
4 29
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#?*
Ple ase list all e xisting proje ct ID's associate d with this proje cts.*
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.*
20210170 1
Mooresville Regional Office - [phone]
Alan Johnson
Pre-Filing Me eting Reque st submitte d 1/26/2021
Daniel Kuefler
[e-mail]
Bell Farms
Lennar Carolinas
Iredell
City
Charlotte
State / Province / Region
NC
Postal / Zip Code
28226
Country
USA
Street Address
6701 Carmel Road
Address Line 2
Suite 425
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
SAW-2020-01574
Alan Johnson
The proposed project consists of one road crossing, sewer and utility
installation, fill/grading for stormwater infrastructure.
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
2/26/2021
DWR Bell Farm Pre-Filing.pdf 1.22MB
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.
1/26/2021

1

February 1, 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
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115

Mr. Paul Wojoski
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

Subject: SAW-2020-01574; Pre-Construction Notification for NWP #29 for the Bell Farms
site in Statesville, Iredell County, North Carolina

Ms. Stygar and Messrs. Johnson, Wojoski, and Hamstead,

Enclosed is a request for Nationwide Permit #29 for the Bell Farms site on 105.3 acres located
near the intersection of E Broad Street and S Greenbriar Road in Statesville, NC. The site is a
proposed residential development and consists of six streams, three wetlands, and one open
water pond. The site was field verified by USACE (Krysta Stygar) on 10/22/20. A Preliminary
Jurisdictional Determination Request was issued on 10/26/20 under SAW-2020-01574. 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 85 linear feet of permanent
stream impacts for one road crossing. Additional minor temporary impacts to one stream and two

2
wetlands are required for construction access for headwall installation and sanitary sewer
installation. These temporary impacts will be restored to pre-existing conditions as noted on the
exhibits.

Overall impacts to site surface waters associated with the proposed development were limited
through site selection, design, location/orientation of proposed lots and access routes. It was not
possible to minimize impacts further due to site layout and connectivity requirements per the
City of Statesville. Specially, the location of the Stream CC crossing is dictated by safety and
secondary access point requirements that adhere to maximum block length and cul-de-sac length
specifications. The applicant has demonstrated substantial avoidance and minimization efforts in
which 99.9% of the 10.11 acres of onsite wetlands, 97% of the 4,847 linear feet onsite streams
will be avoided. Due to the limited impacts associated with this project, no compensatory
mitigation is proposed.

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, [phone] or email at [e-mail].

Sincerely,

Daniel Kuefler Len Rindner, PWS
Environmental Scientist 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:
Bell Farms
Iredell
Statesville
Bell Aire Properties
2763/1149
F. Marion Bell Jr
303 S. Greenbriar Road
Statesville, NC 28625
[phone]
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:

Matt Pannell
Lennar Carolinas
6701 Carmel Road, Suite 425
Charlotte, NC 28226
[phone]
[e-mail]
Daniel Kuefler
Wetlands & Environmental Planning Group, PLLC
10612-D Providence Road, PMB 550
Charlotte, NC 28277
336-554-2728
[e-mail]
Developer

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.

6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.

4754885554, 4755813035
-80.8257
105.3
Fourth Creek
C
Yadkin-PeeDee/03040102
The Bell Farm site is located just south of E Broad Street, just west of Augusta Drive, and just north of Fourth Creek. The topography is moderately
sloped with the elevation ranging from 750 to 890 ft. The site is a combination of expansive cropland, a section of hardwood covered slope, and the
floodplain on the north side of Fourth Creek.
10.11
The proposed project consists of one road crossing, sewer and utility installation, fill/grading for stormwater infrastructure.
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
WEPG
This site was verified by K. Stygar (USACE) on 10/26/20. A copy of the signed JD approval is included in the Approvals section.
35.7955
4,847
SAW-2020-01574
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:

Construction Access Bottomland Hardwood Forest Yes Corps 0.002
Yes Corps 0.007
Yes/No -
Yes/No -
Yes/No -
Yes/No -
0.009
Temporary wetland impacts will be restored by replacing 6-12" of topsoil and reseeding with native stabilization mix.
W1-Wetland EE
W2-Wetland H
Culvert Stream CC PER Corps 5 85
Stream G 6 20
Stream G 6 20
125
Temporary impacts are due to utility installation. Boring will be used wherever feasible.
T
T
-
-
-
-
Excavation
Choose one
Choose one
Choose one
Choose one
Bottomland Hardwood Forest
Choose one
Choose one
Choose one
Choose one
P
T
T
-
-
-
Excavation
Excavation
Choose one
Choose one
Choose one
PER
PER
-
-
-
Corps
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
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.

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.

Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. The Stream CC crossing is dictated by safety and secondary access point requirements that adhere to maximum block length and cul-
de-sac length specifications. The applicant has demonstrated substantial avoidance and minimization efforts in which 99.9% of the 10.11 acres of
onsite wetlands, 97% of the 4,847 linear feet onsite streams will be avoided.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Per the engineer, it was not possible to bore all utility tie-ins due to topography and risk of groundwater impacting the bore/bore pit. Maximum
allowable headwalls will be used to minimize the road crossing impact. Temporary wetland impacts will be restored by replacing 6-12" of topsoil and
reseeding with native stabilization mix.
Choose one
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

60
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Iredell County but
will be designed to meet their criteria.
City of Statesville
City of Statesville

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):

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.

No additional phases proposed.
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/
No grading/net fill is proposed in the floodplain
www.fema.gov
https://iredell.connectgis.com/Disclaimer.aspx?ReturnUrl=%2fMap.aspx
Daniel Kuefler 02-01-2021
2 
Agent Authorization Letter
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:
Property Address:
Parcel Identification Number (PIN):
Select one:
Name:
Company:
Mailing Address:
Telephone Number:
Electronic Mail Address:
________________________________________________________________________
Property Owner / Interested Buyer* / Other* Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Bell Farms site
SE of Intersection of E.Broad St. & S.Greenbriar Rd, Statesville, NC
4754885554.000 & 4755813035.000
I am other
Matt Pannell
Lennar Carolinas, LLC
6701 Carmel Road, Suite 425 Charlotte, NC 28226
[phone]
[e-mail]
8/28/2020
Maps/Plans Maps/Plans
BELL FARMS
Iredell Co., NC
VICINITY MAP
Subject to USACE/NCDEQ verification
FIGURE
8/20/20
Prepared for:
LENNAR CAROLINAS
Acres:
+/- 105.3
Drawn By:
BLK
Reviewed By:
ALL
PROJECT BOUNDARY
STUDY LIMITS
PROJECT BOUNDARY
STUDY LIMITS
SITE
1
BELL FARMS
Iredell Co., NC
PARCEL MAP
Subject to USACE/NCDEQ verification
FIGURE
8/20/20
Prepared for:
LENNAR CAROLINAS
Acres:
+/- 105.3
Drawn By:
BLK
Reviewed By:
ALL
PROJECT BOUNDARY
STUDY LIMITS
PARCEL:4754885554.000
BELL AIRE PROPERTIES RLLP
303 S GREENBRIAR RD
STATESVILLE, NC 28625
PARCEL:4755813035.000
BELL AIRE PROPERTIES RLLP
303 S GREENBRIAR RD
STATESVILLE, NC 28625
2
BELL FARMS
Iredell Co., NC
AERIAL MAP
Subject to USACE/NCDEQ verification
FIGURE
8/20/20
Prepared for:
LENNAR CAROLINAS
Acres:
+/- 105.3
Drawn By:
BLK
Reviewed By:
ALL
PROJECT BOUNDARY
STUDY LIMITS
Aerial Imagery Provided by
Google Earth 2019
3
FOURTH CREEK
LOCATION
Lat: 35.7955 ºN
Long: -80.8257 ºW
HUC: 03040102
SOUTH YADKIN
USGS QUAD
Statesville East, NC
1993
SCALE
1:24,000
BELL FARMS
Iredell Co., NC
USGS MAP
Subject to USACE/NCDEQ verification
FIGURE
8/20/20
Prepared for:
LENNAR CAROLINAS
Acres:
+/- 105.3
Drawn By:
BLK
Reviewed By:
ALL
PROJECT BOUNDARY
STUDY LIMITS
4
Unit Description
CmD2
Cecil Sandy Loam, 10 to 15
percent slopes, eroded
CmC2
Cecil Sandy Loam, 6 to 10
percent slopes, eroded
CfB2
Cecil Fine Sandy Loam, 2 to
6 percent slopes, eroded
CsE
Cecil Soils, 15 to 25 percent
slopes
CsE2
Cecil Soils, 15 to 25 percent
slopes, eroded
CfD2
Cecil Fine Sandy Loam, 10
to 15 percent slopes,
eroded
Cw Chewlacla Soils
CfC2
Cecil Fine Sandy Loam, 6 to
10 percent slopes, eroded
LcE2
Loyd Clay Loam, 15 to 25
percent slopes, eroded
LmC2
Loyd Loam, 6 to 10 percent
slopes, eroded
LfB2
Loyd Fine Sandy Loam, 2 to
6 percent slopes, eroded
LfC2
Loyd Fine Sandy Loam, 6 to
10 percent slopes, eroded
MoD
Moderately gullied land,
hilly
Mn Mixed Alluvial Land
WfB2
Wickham Fine Sandy Loam,
2 to 6 percent slopes,
eroded
WfC2
Wickham Fine Sandy Loam,
6 to 10 percent slopes,
eroded
We Wehadkee Silt Loam
BELL FARMS
Iredell Co., NC
SOIL SURVEY MANUSCRIPT MAP
Subject to USACE/NCDEQ verification
FIGURE
8/20/20
Prepared for:
LENNAR CAROLINASAcres:
+/- 105.3
Drawn By:
BLK
Reviewed By:
ALL
PROJECT BOUNDARY
STUDY LIMITS
PROJECT BOUNDARY
STUDY LIMITS
NRCS Soil Survey Manuscript
Iredell County 1964
5
BELL FARMS
Iredell Co., NC
FLOODPLAIN MAP
Subject to USACE/NCDEQ verification
FIGURE
8/20/20
Prepared for: Acres:
+/- 105.3
Drawn By:
BLK
Reviewed By:
ALL
PROJECT BOUNDARY
STUDY LIMITS
FEMA FLOODPLAIN AS
PER IREDELL COUNTY
ONLINE GIS MAPS
6
LENNAR CAROLINAS
BELL FARMS
Iredell Co., NC
CULTURAL RESOURCES REVIEW MAP
Subject to USACE/NCDEQ verification
FIGURE
10/23/20
Prepared for: Acres:
+/- 105.3
Drawn By:
BLK
Reviewed By:
PROJECT BOUNDARY
STUDY LIMITS
No indications of Cultural Resources identified
on site per the following public resources:
NCSHPO Online Databases
USGS.gov map locator: 1969, 1993, 2002
Historical Aerials: 1958-2016
NRCS soil survey manuscript (1964, 2011)
Findagrave.com
7
LENNAR CAROLINAS
ALL
OFSHEET NO
PHONE [phone]
FAX [phone]
1
PROJECT No:6512-0678
ISSUE DATE:1/15/2021
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm Existing Conditions
Map
350 7000
8
Scale: 1" = 700'
East
B
r
o
a
d
St
Findley

R
o
a
dS. Greenbriar RdProperty boundary (typ)
Wetland E/EE
±436 SF (0.01 AC)
Intermittent Stream C
±46 LF
Intermittent Stream D
±71 LF
Perennial Stream CC
±310 LF
30' Undisturbed
stream buffer (typ)
Open water pond F
±37,462(0.86 AC)
6" CMP
INV: 788.29
Wetland H/HH/HHH
±399,422 SF (9.17 AC)
FEMA 100-YR Floodplain
FEMA 500-YR Floodplain
FEMA Floodway
Perennial Stream G
±2,950 LF
Fourth Creek
Perennial Stream
±1,250 LF
30' Undisturbed
stream buffer (typ)
Ex. 48" sanitary sewer
Wetland B
±3,050 (0.07 ac)
Perennial Stream A
±220 LF
8
OFSHEET NO
PHONE [phone]
FAX [phone]
2
PROJECT No:6512-0678
ISSUE DATE:
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm Overall Site Map
8
BMP
350 7000
Scale: 1" = 700'
1/15/2021
East
B
r
o
a
d
St
Findley

R
o
a
dS. Greenbriar RdProperty boundary (typ)
Wetland E/EE
Temporary impact
73 SF (0.002 AC) (See sheet 3)
Intermittent Stream C
No Impact
Intermittent Stream D
No Impact
Perennial Stream CC
Permanent disturbance
85 LF (see sheet 3)
30' Undisturbed
stream buffer (typ)
Open water pond F
Wetland H/HH/HHH)
FEMA 100-YR Floodplain
FEMA 500-YR Floodplain
FEMA Floodway
Perennial Stream G
Temporary impact 20 LF
(see sheet 7)
Fourth Creek
Perennial Stream
Ex. 48" sanitary sewer
Wetland B
No Impact
Perennial Stream A
No Impact
Pedestrian trail (typ)
Perennial Stream G
Temporary impact 20 LF
(see sheet 5)
Wetland H/H/HHH
Temporary impact
320 SF (0.007 ac)
(see sheet 7)
Prop. sanitary sewer tie in
Bore under Fourth Creek
No impacts
BMP
BMP
BMP
BMP
9
820OFSHEET NO
PHONE [phone]
FAX [phone]
3
PROJECT No:6512-0678
ISSUE DATE:1/15/2021
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm Perennial Stream CC
Permanent
Disturbance &
Wetland E/EE
Temporary
Disturbance Exhibit
15 300
Scale: 1" = 30'
8
Wetland E/EE
Intermittent Stream C
No impact
Intermittent Stream D
No impact
Perennial Stream CC
30' Undisturbed
stream buffer (typ)
Perennial Stream CC
permanent disturbance
85 LF
Wetland E/EE
Temporary impact
73 SF (0.002 AC)
84" RCP Culvert
(75 LF)
HW-A
EW-A
Note: Temporary wetland impacts will be restored by replacing
6-12" of topsoil and reseeding with native stabilization mix.
10
800
810
820
830
800
810
820
830
0+00 1+00 1+22
OFSHEET NO
PHONE [phone]
FAX [phone]
4
PROJECT No:6512-0678
ISSUE DATE:1/15/2021
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm Perennial Stream CC
Permanent
Disturbance Section
View
20 400
Scale: 1" = 40'
8
Existing grade
84" RCP C
u
l
v
e
r
t
(75 LF)
Buried 1 fo
o
t

b
e
l
o
w
stream bed
HW-A
EW-A
Proposed grade
11
780780
12+001
3
+
0
014+00OFSHEET NO
PHONE [phone]
FAX [phone]
5
PROJECT No:6512-0678
ISSUE DATE:1/15/2021
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm Perennial Stream G
Temporary Impact
Exhibit
15 300
Scale: 1" = 30'
8
Perennial Stream G
Perennial Stream G
Temporary impact 20 LF
30' undisturbed stream buffer
Note: Temporary wetland impacts will be restored by replacing
6-12" of topsoil and reseeding with native stabilization mix.
BMP
12
765
770
780
790
765
770
780
790
12+13 13+0013+20
OFSHEET NO
PHONE [phone]
FAX [phone]
6
PROJECT No:6512-0678
ISSUE DATE:1/15/2021
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm Perennial Stream G
Temporary Impact
Exhibit
Sewer Profile
20 400
Scale: 1" = 40'
8
Existing Grade
Prop. 8" San. Sewer
Perennial Stream G
36"13
16+0017+0018+00OFSHEET NO
PHONE [phone]
FAX [phone]
7
PROJECT No:6512-0678
ISSUE DATE:1/15/2021
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm Perennial Stream G
Temporary Impact &
Wetland H/HH/HHH
Temporary Impact
Exhibit
15 300
Scale: 1" = 30'
8
Perennial Stream G
Perennial Stream G
Temporary impact 20 LF
30' undisturbed stream buffer
Wetland H/HH/HHH
Temporary impact
320 SF (0.007 ac)
Proposed anti-seep collar to be
installed at the downstream and
upstream side of the wetland
crossing. Collars shall be
installed per state standards
Note: Temporary wetland impacts will be restored by replacing
6-12" of topsoil and reseeding with native stabilization mix.
14
745
750
760
745
750
760
16+53 17+00 17+37
OFSHEET NO
PHONE [phone]
FAX [phone]
8
PROJECT No:6512-0678
ISSUE DATE:1/15/2021
MERRICKR
301 S. MCDOWELL STREET
CHARLOTTE, NC 28204
SUITE 300
Bell Farm
20 400
Scale: 1" = 40'
8
16'
Temporary Impact
Existing Grade
Prop. 8" San. Sewer
Proposed anti-seep collar to be
installed at the downstream and
upstream side of the wetland
crossing. Collars shall be
installed per state standards
Perennial Stream G
Temporary Impact &
Wetland H/HH/HHH
Temporary Impact
Sewer Profile 15
FIGURE
1916
Bell Farm
Streambank Stabilization Exhibit
Jurisdictional Determination Jurisdictional
Determination Information

BELL FARMS
Iredell Co., NC
DELINEATION MAP
Subject to USACE/NCDEQ verification

FIGURE
17

8/19/20
Updated
10/22/20
Prepared for:
LENNAR CAROLINAS Acres:
+/- 115
Drawn By:
NRN
Reviewed By:
ALL
PROJECT BOUNDARY
STUDY LIMITS

INTERMITTENT STREAM C
-46 LF
WETLAND B
-0.07 AC
WETLAND E/EE
-0.01 AC
PERENNIAL STREAM A
-220 LF
INTERMITTENT STREAM D
-71 LF
PERENNIAL STREAM CC
-310 LF
OPEN WATER POND F
-0.86 AC
PERENNIAL STREAM G
-2,950 LF
WETLAND H/HH/HHH
-9.17 AC FOURTH CREEK
-1,250 LF
1
2

3

4

5

6

7

8

USACE WETLAND FORM E-EE
USACE UPLAND DP1
NCDEQ
STREAM
FORM D

NCDEQ STREAM FORM CC
USACE VERIFICATION 10/22/20
NCDEQ VERIFICATION 10/6/20
NCDEQ STREAM FORM CC
NCDEQ
STREAM
FORM D

USACE UPLAND DP1
USACE WETLAND FORM E-EE
Bell Farms
Iredell Co., NC – 8/19/20

PHOTO 1 – VIEW INTERMITTENT STREAM D
DATE/TIME 2020:08:19 – 09:10:00
COORDINATES: 35.7934, -80.8262
PHOTO 2 – VIEW PERENNIAL STREAM CC
DATE/TIME 2020:08:19 – 09:44:00
COORDINATES: 35.7925, -80.8259
Bell Farms
Iredell Co., NC – 8/19/20

PHOTO 3 – VIEW PERENNIAL STREAM G
DATE/TIME 2020:08:19 – 10:43:00
COORDINATES: 35.7904, -80.8262
PHOTO 4 – VIEW FOURTH CREEK
DATE/TIME 2020:08:19 – 03:04:00
COORDINATES: 35.7858, -80.8259
Bell Farms
Iredell Co., NC – 8/19/20

PHOTO 5 – VIEW WETLAND E-EE
DATE/TIME 2020:08:19 – 9:40:00 COORDINATES: 35.7923, -80.8259
PHOTO 6 – VIEW OPEN WATER POND F
DATE/TIME 2020:08:19 – 10:08:00 COORDINATES: 35.7916, -80.8257
Bell Farms
Iredell Co., NC – 8/19/20

PHOTO 7 – VIEW WETLAND H-HH-HHH
DATE/TIME 2020:08:19 – 1:16:00 COORDINATES: 35.7882, -80.8243
PHOTO 8 – VIEW WETLAND H-HH-HHH
DATE/TIME 2020:08:19 – 02:10:00 COORDINATES: 35.7874, -80.8249
Threatened & Endangered Species Report Threatened & Endangered Species
Report

Threatened / Endangered / Protected Species
Evaluation

For: BELL FARM

Statesville, Iredell County, North Carolina

By: Lisa R. Gaffney
September 10, 2020

Bell Farm - Threatened / Endangered / Protected Species Evaluation

2
GENERAL LANDSCAPE DESCRIPTION:

The Bell Farm site is located just south of E Broad Street, just west of Augusta
Drive, and just north of Fourth Creek, in Statesville, Iredell County, North
Carolina. The (+/-105.3 acre) site can be found on the Statesville East USGS
Topographic Quadrangle Map; latitude is 35.7955 °N, longitude is -80.8257 °W.
The topography is moderately sloped with the elevation ranging from 750 to 890
ft. The site is a combination of expansive cropland, a section of hardwood
covered slope, and the floodplain on the north side of Fourth Creek. (Figure 1).

Figure 1:

Bell Farm - Threatened / Endangered / Protected Species Evaluation

3
METHODOLOGY:

The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/iredell.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Iredell 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 weeks of August 31 and September 7, 2020.

Table 1: Threatened / Endangered / Protected Species listed for
Iredell County North Carolina

County: Iredell, NC
*Source: US Fish & Wildlife Service
**Data search on August 31, 2020

Group Name Status
Flowering
Plants
Dwarf-flowered heartleaf (Hexastylis
naniflora)
Threatened
Reptiles Bog (=Muhlenberg) turtle (Clemmys
muhlenbergii)
Threatened
Mammals Northern long-eared bat (Myotis
septentrionalis)
Threatened

Bell Farm - Threatened / Endangered / Protected Species Evaluation

4
SPECIES DESCRIPTIONS:

One plant species with federal protection is listed as potentially occurring in
Iredell County:

• Dwarf-flowered Heartleaf (Hexastylis naniflora), listed as Threatened,
grows in acidic soils along bluffs and adjacent slopes, in boggy areas next
to streams and creek heads, and along the slopes of nearby hillsides and
ravines.

Two animal species with federal protection are listed as potentially occurring in
Iredell County:

• Bog Turtle (Clemmys muhlenburgii), listed as Threatened, occurs in bogs,
fens, marshy meadows and other wetlands with emergent vegetation.

• 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.

RESULTS:

The site is a combination of expansive cropland, a section of hardwood covered
slope, and the floodplain on the north side of Fourth Creek. An old home site is
located near E Broad Street with a few large Willow Oaks (Quercus phellos), and
scrubby, overgrown old yard and building footprint.

Most of the site is covered with expansive crop fields. At the time of the survey it
was planted in soybeans.

The mostly southeast facing wooded slope is covered with a mixed Oak-Hickory
forest. The typical DBH for canopy trees is 12 inches, with larger trees present.
Canopy trees occurring are White Ash (Fraxinus americana), Sweetgum
(Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), White Oak
(Quercus alba), Red Oak (Q. rubra), Black Oak (Q. velutina), Shagbark Hickory
(Carya ovata), Mockernut Hickory (Carya tomentosa), Red Maple (Acer rubra),
Virginia Pine (Pinus virginiana), , Shortleaf Pine (P. echinata), and Black Gum
(Nyssa sylvatica). The subcanopy strata includes Ironwood (Celtis laevigata),
Flowering Dogwood (Cornus florida), Persimmon (Diospyros virginiana), Red
Mulberry (Morus rubra), Box-elder Maple (Acer negundo), and American Holly
(Ilex opaca). Shrubs present include Strawberry Bush (Euonymus americanus),
Spicebush (Lindera benzoin), Blueberry (Vaccinium sp.), Russian Olive
Bell Farm - Threatened / Endangered / Protected Species Evaluation

5
(Elaeagnus umbellata) and Chinese Privet (Ligustrum sinense). Vines present
are Japanese Honeysuckle (Lonicera japonica), Virginia Creeper
(Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy
(Toxicodendron radicans). The herb layer includes Christmas Fern (Polystichum
acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Spotted
Wintergreen (Chimaphila maculata), Downy Rattlesnake Plantain (Goodyera
pubescens) , Bedstraw (Galium sp.), and wetter areas are dominated by
Japanese Stiltgrass (Microstegium vimineum).

The floodplain and associated wetlands of Fourth Creek are highly disturbed and
the areas not planted in soybeans are dominated by small trees of Green Ash
(Fraxinus pennsylvanica), and other riparian species of Cottonwood (Populus
deltoides), Black Willow (Salix nigra), Sycamore (Platanus occidentalis), Tag
Alder (Alnus serrulata), and Black Walnut (Juglans nigra).

Threatened / Endangered / Protected Species

• The potential habitat for Dwarf Flowered Heartleaf was investigated and
the species was not found.

• This site does not contain suitable habitat for Bog Turtles. No bog Turtles
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
September 10, 2020

Bell Farm - Threatened / Endangered / Protected Species Evaluation

6
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:

• 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 50,000 acres in North and South Carolina, 1996 -
present.

• 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).

• Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
This discovery led (in part) 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.

• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.

Approvals Approvals /
Authorizations
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2020-01574 County: Iredell U.S.G.S. Quad: NC- Statesville East
NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: Lennar Carolinas
Matt Pannell
Address: 6701 Carmel Road Suite 425
Charlotte, NC 28226
Telephone Number: [phone]
E-mail: [e-mail]

Size (acres) 105.3 Nearest Town Statesville
Nearest Waterway Fourth Creek River Basin Upper Pee Dee
USGS HUC 03040102 Coordinates Latitude: 35.7955
Longitude: -80.8257
Location description: Near the intersection of E Broad Street and S Greenbriar Road, near the town of Statesville, Iredell
County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
☒ There appear to be waters 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 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 8/31/2020. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
☐ There appear to be waters 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
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 at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters 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 waterson 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 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 on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
SAW-2020-01574
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 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 [phone] 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 Krystynka B Stygar at 252-545-0507 or
[e-mail].
C. Basis For Determination: Basis For Determination: Based on information submitted by the applicant
and available to the U.S, Army Corps of Engineers, the project area exhibits criteria for waters of the
U.S. as defined in 33 CFR 328, the 1987 Wetland Delineation Manual, and/or Regional Supplement to
the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional
determination form dated 10/26/2020 included in the file.
D. Remarks: None.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)

This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

Corps Regulatory Official: ______________________________________________________

Date of JD: 10/26/2020 Expiration Date of JD: Not applicable
SAW-2020-01574
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 Group
Dan Kuefler
Address: 10612-D Providence Road
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: [e-mail]

Property Owner: Bells Farm
Marion Bell JR
Address: 303 Greenbriar Road
Statesville, NC 28625
Telephone Number: [phone]
E-mail: E-MAIL

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL Applicant: Lennar Carolinas, Matt Pannell File Number: SAW-2020-01574 Date: 10/26/2020
Attached is: See Section below
☐ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
☐ PROFFERED PERMIT (Standard Permit or Letter of permission) B
☐ PERMIT DENIAL C
☐ APPROVED JURISDICTIONAL DETERMINATION D
☒ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATI ON
A. REPORT COMPLETION DATE FOR PJD: 09/10/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Lennar Carolinas, Matt Pannell, 6701
Carmel Road Suite 425, Charlotte, NC 28226
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Bell Farms , SAW-2020-
01574
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Near the intersection of E Broad
Street and S Greenbriar Road, near the town of Statesville, Iredell County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Iredell City: Statesville
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.7955 Longitude: -80.8257
Universal Transverse Mercator:
Name of nearest waterbody: Fourth Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):

☐Office (Desk) Determination. Date:
☒Field Determination. Date(s): 10/22/2020
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION

Site Number Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs.
non-wetland
waters)
Geographic authority to
which the aquatic
resource “may be”
subject (i.e., Section 404
or Section 10/404)
Stream A 35.801430 -80.824369 220 LF Non-wetland
waters
Section 404
Wetland B 35.801607 -80.824352 0.07 acre Wetland Section 404
Stream C 35.792844 -80.826132 395 LF Non-wetland
waters
Section 404
Stream CC 35.792935 -80.826132 115 LF Non-wetland
waters
Section 404
Stream D 35.793268 -80.825929 115 LF Non-wetland
waters
Section 404
Wetland E 35.791747 -80.825574 0.01 acre Wetland Section 404
Pond F 35.791774 -80.825832 0.09 acre Non-wetland
waters
Section 404
Stream G 35.791095 -80.825671 3050 LF Non-wetland
waters
Section 404
Wetland H 35.788919 -80.8246300 6.5 acre Wetland Section 404
Forth Creek 35.785159 -80.824652 1250 LF Non-wetland
waters
Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non-reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
☒Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Delineation Map & Parcel Map by WEPG for Bell Farms
☒Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: WEPG
☒Office concurs with data sheets/delineation report.
☐Office does not concur with data sheets/delineation report. Rationale:
☐Data sheets prepared by the Corps:
☐ Corps navigable waters' study:
☐U.S. Geological Survey Hydrologic Atlas:
☐USGS NHD data:
☐USGS 8 and 12 digit HUC maps:
☒U.S. Geological Survey map(s). Cite scale & quad name: Figure 3 (8/20/2020)
☐Natural Resources Conservation Service Soil Survey. Citation:
☐National wetlands inventory map(s). Cite name:
☐State/local wetland inventory map(s):
☒FEMA/FIRM maps: Figure 6 (8/20/2020)
☐100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
☒ Photographs: ☒ Aerial (Name & Date): Figure 2 (8/20/20)
or ☒ Other (Name & Date): Site photos 1-8 (8/19/2020)
☐Previous determination(s). File no. and date of response letter:
☒ Other information (please specify): NCDEQ Stream Forms ( Stream CC & D), Field visit conducted
10/22/2020

IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.

Signature and date of Regulatory
staff member completing PJD
10/26/2020

Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1

1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.