20190814 Ver 2_ePCN Application_20210419

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
CYes r: No
Change cnly if needed.
BIMS # Assigned*
20190814
Is a payment required for this project?*
✓ No payment required
✓ Fee received
6 Fee needed - send electronic notification
Reviewing Office *
Winston-Salem Regional Office - (336) 776-
9800
Version#*
2
What amout is owed?*
r $240.00
6 $570.00
Select Project Reviewer*
Sue Homewood:eads\slhomewood
Information for Initial Review
la. Name of project:
Shallowford
la. Who is the Primary Contact? *
Lauren Norris -Heflin
1b. Primary Contact Email:*
[e-mail]
Date Submitted
4/19/2021
Nearest Body of Water
Dry Creek
Basin
Cape Fear
Water Classification
WS-V; NSW
Site Coordinates
Latitude:
36.115923
Pre -Filing Meeting Information
ID#
20190814
Pre -fling Meeting or Request Date*
12/21/2020
Longitude:
-79.506115
Attach documentation of Pre -Filing Meeting Request here:*
2020.12.21_DWR Pre -Filing Meeting Request Form.pdf
2020.12.21_Pre-Filing Clock Reached 20190814 Ver 2.pdf
lc. Primary Contact Phone:*
[phone]
Version
2
53.26KB
137.97KB
A. Processing Information
County (or Counties) where the project is located:

Alamance
Is this a NCDMS Project
✓ Yes f No
Is this project a public transportation project?*
✓ Yes G No
la. Type(s) of approval sought from the Corps:
17 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
6 Yes
✓ No
Please provide the date of the previous submission.*
8/8/2019
1b. What type(s) of permit(s) do you wish to seek authorization?
f7 Nationwide Permit (NWP)
r Regional General Permit (RGP)
f- Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
B Yes r No
Nationwide Permit (NWP) Number: 29 - Residential Developments
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
✓ Yes f: No
I— 401 Water Quality Certification - Express
r Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
6'Yes rNo
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
Acceptance Letter Attachment
RES CFO2 - SOA Cloud & Banner - Shallowford.pdf
Wildlands_Shallowford - Wetland SOA 04-16-2021.pdf
KCI Wetland and Buffer Credit SOA.pdf
lh. Is the project located in any of NC's twenty coastal counties?
✓ Yes f No
1j. Is the project located in a designated trout watershed?
✓ Yes allo
B. Applicant Information
Id. Who is applying for the permit?
17 Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
✓ Yes r No
2. Owner Information
✓ Yes 6 No
✓ Yes 6 No
144.09KB
171.08KB
93.45KB
2a. Name(s) on recorded deed:

The Point at Elon, LLC
2b. Deed book and page no.:
2c. Responsible party:
Paul Hoist
2d.Address
Street Address
3514E Drawbridge Parkway
Address Line 2
aty State / Rovince / Region
Greensboro NC
Postal / Zip Cale Country
27410 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Lauren Norris -Heflin
4b. Business Name:
Timmons Group
4c.Address
Street Address
5410 Trinity Road
Address Line 2
Suite 102
aty
Raleigh
Postal / Zip Code
27607
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Agent.Owrier Authorization - Point at Elon.pdf
State / Province / legion
NC
Country
USA
4e. Fax Number:
374.94KB
C. Project Information and Prior Project History
u
1. Project Information
1b. Subdivision name:
(rf appropriate)
lc. Nearest municipality / town:
Elon
Project Identification
2a. Property Identification Number:
116974
2c. Project Address
Street Address
859 Shallowford Church Road
Address Line 2
Elon
Fbstal / Zip Code
27244
2b. Property size:
41.32
State / Province / Region
NC
Country
USA
3. Surface Waters

3a. Name of the nearest body of water to proposed project:*
Dry Creek
3b. Water Resources Classification of nearest receiving water:*
WS-V; NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020404
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The proposed residential development will consist of 45 single-family residential lots, stormwater control measures, and utility improvements (i.e. public water supply and sanitary sewer
alignment).
The project site consists of approximately 41.32 acres located at 859 Shallowford Church Road, just north of University Drive, in Elon, Alamance County, North Carolina. The project site
is bound by forested areas, open green space, and residential properties to the north, by forested areas and residential development to the east, by forested areas and University Drive
to the south, and by forested areas and Elon Ossipee Road to the west. The site is comprised of mixed hardwood forest.
A delineation of the site was previously completed by Wetlands and Waters in September 2017. David Bailey (USAGE) issued a preliminary jurisdictional determination on September
17, 2018 confirming the boundaries of wetland and stream features delineated within the site utilized for avoidance and minimization during project planning.
Previous permits were obtained from the USACE (NWP 29 and 18) on 03/02/2020 and the DWR (GC 4139) on 01/28/2020. A request for additional information (RFAI) was received
from David Bailey on 07/02/2019 (attached) with concerns regarding proposed site plans meeting the conditions of NWP 29 and not adequately depicting impacts to on -site jurisdictional
features. This permit application is being submitted to address the requested changes in the proposed site plans.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
G Yes C- No r^ Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
USACE - AID SAW-2018-01810, issued 03/02/2020
DWR - ID# 20190814, issued 01/28/2020
Project History Upload
20190814 Ver 1_Approval Letter_20200128.pdf
2018-01810 NWP 29 and 18 Tearsheet.pdf
20190702 RFAI.pdf
2.33MB
3.9MB
1.68MB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Figure 1- VIC.pdf 1.19MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Figure 2- NRCS.pdf 634 47KB
4f. List the total estimated acreage of all existing wetlands on the property:
2.28
4g. List the total estimated linear feet of all existing streams on the property:
2,280
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a single-family residential development off Shallowford Church Road, north of its intersection with University Drive, with community cohesion
and the necessary amenities, within the central -western portion of Alamance County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed residential subdivision is a single -phased development project that is located at 859 Shallowford Church Road, north of the intersection of Shallowford Church Road and
University Drive, in Elon, Alamance County, North Carolina. In addition, an electrical transmission easement is located along the southern boundary of the site.
The proposed project will consist of 45 single-family homes and other associated amenities, including stormwater control measures and utility improvements.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
4j. Please upload project drawings for the proposed project.
(2021.04.13) Shallowford - Impact Set.pdf 6.25MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
6 Yes
Comments:
C- No d Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
6 Preliminary C- Approved F Not Verified F Unknown r N/A

Corps AID Number:
SAW-2018-01810
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Wetlands and Waters
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
David Bailey of the USACE issued a preliminary jurisdictional determination for SAW-2018-01810 on 09/17/2018.
It is unknown if the DWR issued a buffer determination for the project site (DWR # 20190814).
5d1. Jurisdictional determination upload
Wetland Approved Delineation (Shallowford).pdf
6. Future Project Plans
6a. Is this a phased project?*
r Yes ( No
630.09KB
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No other MVPs, regional general permits, or individual permits are intended to be used. All project impacts are being accounted for in this permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
17 Wetlands fJ Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
m Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
A
Grading
P
Headwater Forest
B1000
Yes
Both
0.090
(acres)
A
Grading
T
Headwater Forest
B1000
Yes
Both
0.005
(acres)
B
Grading
P
Headwater Forest
B1000
Yes
Both
0.045
(acres)
B
Grading
T
Headwater Forest
B1000
Yes
Both
0.001
(acres)
C
Grading
P
Headwater Forest
A2000
Yes
Both
0.207
(acres)
D
Grading
P
Headwater Forest
A2000
Yes
Both
0.020
(acres)
E
Utility Installation
T
Headwater Forest
A2000
Yes
Both
0.062
(acres)
2g. Total Temporary Wetland Impact
0.068
2g. Total Wetland Impact
0.430
2g. Total Permanent Wetland Impact
0.362
2h. Comments:
In order to provide adequate site connections to public utilities and overall safety, impacts to wetlands are required in five locations. Sanitary sewer
line placement was sited utilizing existing utility line placement requirements and stormwater control measures were aligned based on site layout and
local municipality and state requirements. Delineation was used to help avoid and minimize impacts as much as possible and, where possible, grading
was limited to the outer edges of wetland boundaries.
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact *
3d. S. name *
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*

S1
Utility Installation (Impact E)
Temporary
Other
A2000
Perennial
Both
11
Average (feet)
28
(linear feet)
S2
Road crossing (Impact F)
Permanent
Culvert
Tributary 1
Perennial
Both
6
Average (feet)
132
(ling feet)
S3
Road crossing (Impact F)
Permanent
Culvert
Tributary 1
Perennial
Both
6
Average (feet)
49
(ling feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
181
3i. Total stream and ditch impacts:
209
3i. Total temporary stream impacts:
28
3j. Comments:
The utility line crossing (Impact E) is required for public aerial sanitary sewer installation. Stream impacts associated with the aerial sanitary sewer line
are temporary and all Zone 1 and 2 buffer impacts will be re -vegetated and wetlands will be restored following installation. Crossing was sited based
on sanitary sewer alignment requirements and existing off -site connections and at a portion of stream which would minimize impacts as much as
practicable.
The proposed road crossing (Impact F) is necessary for adequate access between the eastern and western portions of the development. In addition,
the proposed road crossing consists of a 20-foot Proposed Greenway Easement required by the Town of Elon. The proposed crossing will involve
installation of one 72" and one 54" RCP culverts with boulders placed at culvert inlets and outlets for scour prevention and a class II embedded stone
plunge pool below the culvert outlets to prevent erosion and reduce overall stream impacts. Of the proposed stream impacts, 132 linear feet are
associated with permanent impacts from culvert installation while 49 linear feet are associated with permanent - no net loss impacts from plunge pool
installation. Delineation was used to avoid and minimize impacts to the greatest extent practicable.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
✓ Neuse
✓ Catawba
✓ Goose Creek
[ Other
r Tar -Pamlico
r Randleman
7 Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Grading (Impact D)
P
Tributary 1
No
0
513
Utility Installation (Impact E)
T
Tributary 1
No
1,867
1,282
Road Crossing (Impact F)
P
Tributary 1
No
9,807
6,667
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
1,867.00
Zone 1
9,807.00
Zone 2
1,282.00
Zone 2
7,180.00
Zone 1 Zone 2
11,674.00 8,462.00
Proposed buffer Impact D is associated with 513-square feet of permanent Zone 2 buffer impacts resulting from grading necessary to install a
storniwater control pond and rip rap splash pad. Proposed impacts are limited to Zone 2 and will allow for diffuse flow into Zone 1 of the riparian buffer.
Therefore, Impact D is allowable and does not require mitigation.
Proposed buffer Impact E is associated with 1,867-square feet of temporary Zone 1 and 1,282-square feet of temporary Zone 2 riparian buffer impacts
resulting from aerial sanitary sewer line installation. All Zone 1 and Zone 2 buffer impacts will be re -vegetated and wetlands will be restored once
sanitary sewer line installation is complete. Therefore, Impact E is allowable and does not require mitigation.
Proposed buffer Impact F is associated 9,807-square feet of permanent Zone 1 and 6,667-square feet of permanent Zone 2 riparian impacts resulting
from road crossing installation and associated grading required to ensure safety of the crossing. The road crossing at Impact F is proposing 132-
linear feet of permanent stream impacts and 49-linear feet of permanent no -loss stream impacts. However, permanent buffer impacts at this location
exceed 1/3-acre and therefore require mitigation.
Additionally, the Town of Elon is being consulted for municipality -required buffers and impacts to them.
Supporting Documentation
(2021.04.13) Shallowford - Impact Set.pdf 6.25MB

E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the site design to avoid and minimize impacts. The remaining impacts
proposed are necessary in order for the project's goals to be realized.
Location of the proposed road crossing (Impact F) was sited based on NCDOT- and municipality required entrance locations and existing off -site
connections, as well as the location of an electrical transmission utility line along the southern boundary of the site. Additionally, the municipality -
required 20-foot Proposed Greenway Easement was incorporated into the proposed road crossing design to minimize impacts to other jurisdictional
features. Delineation was used to avoid and minimize impacts to the greatest extent practicable by shifting this crossing to the south to avoid additional
stream impacts to a second stream to the north of the proposed crossing location. Furthermore, a culverted crossing is being proposed instead of a
bridged crossing due to safety concerns and cost, which would be prohibitive to the overall project. Retaining walls were included in the culvert design
to minimize impacts to jurisdictional features as much as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with
the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013)
and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall
install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install
devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case
less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is
required and will be kept by the owners representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken
to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back
fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
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?
6 Yes C No
2c. If yes, mitigation is required by (check all that apply):
17 DWR fJ Corps
2d. If yes, which mitigation option(s) will be used for this project?
17 Mitigation bank 17 Payment to in -lieu fee F Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
KCI Technologies, Inc.; Wildlands Engineering; RES, LLC
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.052
Riparian buffer 39,422
Riparian wetland 0.26
Riparian wetland 0.08
Attach Receipt and/or letter
RES CF02 - SOA Cloud & Banner - Shallowford.pdf
Wildlands_Shallowford - Wetland SOA 04-16-2021.pdf
KCI_ Wetland and Buffer Credit SOA.pdf
3c. Comments
144.09KB
171.08KB
93.45KB

The proposed project will require a total of 0.729 acres of wetland mitigation credits when mitigating at a ratio of 2:1 for permanent wetland impacts
and a ratio of 1:1 for temporary wetland impacts that will permanently convert forested wetland to herbaceous wetland. KCI Technologies, Inc.
currently has 0.052 acres of wetland credits available in the proposed project's watershed. Wildlands Engineering currently has 0.26 acres of wetland
credits available in the proposed project's watershed, but these credits have been "over-SOA'd" so it is unclear how many credits will be available for
purchase. RES, LLC currently has 0.08 acres of wetland credits available in the proposed project's watershed. Statements of Availability (SOAs) are
attached.
Due to the limited availability of wetland mitigation credits in the project's service area, DMS will be contacted for the remainder of wetland credits
needed. Mitigation coordination is currently underway and Letters of Acceptance for purchase of wetland mitigation credits will be provided at a later
date.
The proposed project will require 39,422 square feet of riparian buffer mitigation credits for impacts associated with a proposed road crossing (Impact
F). Mitigation for impacts to riparian buffers associated with the road crossing are being proposed at ratios of 3:1 for Zone 1 buffer impacts and 1.5:1
for Zone 2 buffer impacts. Riparian buffer credits are proposed to be purchased from KCI Technologies, Inc. (SOA attached). Mitigation coordination is
currently underway and a Letter of Acceptance will be provided at a later date once an agreement of purchase has been made for riparian buffer
credits.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
✓ Yes 6No
4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature:
(linear feet)
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet)
(acres)
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres)
(acres)
4h. Comments
Due to the limited availability of wetland credits from private mitigation banks, payment into the ILF program for wetland mitigation is anticipated.
However, due to the "over-SOA'ing" of wetland credits, it is unclear how many credits will need to be purchased from NC DMS at this time.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
f: Yes
r No
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact
(square feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Road crossing (Impact F)
0
3
0
Zone 2
Road crossing (Impact F)
6f. Total buffer mitigation required
10001
6,667
1.5
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
s Yes r No
6h. Attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
10,001
6j. Comments:
Payment to a private mitigation bank, KCI Technologies, Inc., for riparian buffer credits is proposed (SOA attached). Mitigation coordination is currently
underway and a Letter of Acceptance will be provided once an agreement has been reached.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
( Yes r No
What type of SCM are you providing?

r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SI-WT)
fJ Other SCM that removes minimum 30% nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
(2021.04.13) Shallowford - Impact Set.pdf 6.25MB
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes 6. No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
Only 22.35% of the project area consists of impervious surface and therefore meets the requirements for low -density requirements. The proposed project is not undergoing stormwater
review. Two dry ponds are included in the proposed project site plans due to site limitations and not stormwater requirements.
G. Supplementary Information V
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
✓ Yes ( No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes ( No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes 6 No
3b. If you answered "no," provide a short narrative description.
This is a single phased project and this permit is to provide impacts for the overall development of the project. The project will be completed with
appropriate land use control measures in place for specific areas which require them.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
✓ Yes allor N/A
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
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes r' No
f No r Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
6 Yes r No
5g. Does this project involve bridge maintenance or removal?
✓ Yes r' No
5h. Does this project involve the construction/installation of a wind turbine(s)?"
✓ Yes G No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
✓ Yes rNo
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?

A USFWS IPaC Official Species Report and NC Natural Heritage (NHP) Database Report were utilized for review of potential protected species in the
vicinity of the project site. No species were identified as occurring in the site or within a 1-mile radius of the site according to both the IPaC and NC
NHP reports. Due to the absence of forested areas of appropriate age and/or size, limited site connectivity to other natural areas, and development of
the surrounding area, it is the opinion of Timmons Group that the proposed project will have no effect on threatened or endangered species.
In addition, per email correspondence with David Bailey, the use of this NWP was previously verified recently enough that resubmission of the Section
7 determination was not necessary.
Consultation Documentation Upload
2021.03.14_NCNHP Results.pdf
2021.03.14_Official IPaC Species List.pdf
2020.11.27_USACE comments on Section 7 & 106 Determinations.pdf
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes allo
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper.
973.69KB
178.65KB
148.15KB
In addition, per email correspondence with David Bailey, the use of this NWP was previously verified recently enough that resubmission of this
determination was not necessary.
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?*
✓ Yes allo
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A search of the North Carolina Natural Heritage Preservation Office's online database (HPOWEB) revealed no historic resources occurring within the
site or in the immediate vicinity of the site. Thirty historic resources were reported as occurring within a 1-mile radius of the proposed project area. Of
the listings within a 1-mile radius, only one is on the National Registry as a Historic District (NRHD). The remaining listings consist of: 16 Survey Only
(SO), two Study Listings (SL), nine Survey Only - Destroyed (SD), one Block Face (BF), and one Study List - Historic District (SLHD) sites.
While within a 1-mile radius of the site, the NRHD listing is approximately 0.80-miles to the south of the project area. Additionally, while historic sites
listed as SO have not yet been deemed eligible for listing and can be deemed eligible in the future following further review from the State Historic
Preservation Office (SHPO), the nearest undetermined SO site (AM0104) is located approximately 0.47-miles to the north of the project area.
Therefore, due to the absence of historic resources within the immediate vicinity of the site, distance, and existing infrastructure and forested areas
between the site and historic resources, the proposed project should have no effect on historic resources.
In addition, per email correspondence with David Bailey, the use of this NWP was previously verified recently enough that resubmission of the Section
106 determination was not necessary.
7c. Historic or Prehistoric Information Upload
Shallowford_HPOWEB Results pdf
2020.11.27_USACE comments on Section 7 & 106 Determinations.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes f No
433.87KB
148.15KB
8c. What source(s) did you use to make the floodplain determination?*
According to FEMA FIRM panels 3710885600K and 3710884600L (eff. 11/17/2017), the project area is located within Zone X- Area of Minimal Flood
Hazard.
Miscellaneous L)
Comments
Miscellaneous attachments not previously requested.
Signature
*
I7 By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.

Full Name:
Sydni L. Law
Signature
Date
4/19/2021

fires
Environmental Banc & Exchange, LLC Stream and Wetland Banks
Statement of Availability April 16, 2021
U.S. Army Corps of Engineers
David Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Shallowford
This document confirms that the Diamondback Investment Group, LLC (Applicant) for the
Shallowford (Project) has expressed an interest to utilize 0.08 Riparian Wetland Mitigation Credits
from the EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank, specifically 0.08 Wetland credits
from the Cloud & Banner Site, in the Cape Fear HUC 03030002. As the official Bank Sponsor,
Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at
this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1075 if you have any questions.
Best Regards,
L/
Caitlan B. Parker
Resource Environmental Solutions, LLC
701 E. Bay Street, Suite 306
Charleston, SC 29403

WILDLANDS WILDLANDS
HOLDINGS
Wetland Mitigation Statement of Availability
April 16, 2021
Diamondback Investment Group, LLC
9052 W Market St.
Colfax, NC 27235
Attn: Mr. Paul Hoist
RE: Availability of Riparian Wetland Credits for the "Shallowford" project
Bank Name: Cane Creek Umbrella Mitigation Banking Instrument
Bank Site: Bethel Branch Mitigation Site
Bank Sponsor: Wildlands Holdings IV, LLC
USACE Action ID: SAW-2016-02365
Riparian Wetlands Credits Needed: 0.79 acres
Riparian Wetlands Credits Available: 0.26 acres
Cape Fear 03030002 River Basin
Dear Mr. Hoist,
Wildlands Holdings IV, LLC has the above -mentioned riparian wetland credits from the Cane Creek
Umbrella Mitigation Banking Instrument: Bethel Branch Mitigation Site to satisfy the mitigation
requirements related to the above -mentioned project. The project is located within the service area
(HUC 03030002) of the Bank.
Credits may be reserved for a period of 6 months upon the receipt of a non-refundable deposit of 10%
of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis.
Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then
subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits and price
for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it
is not a reservation of credits nor a guarantee of price.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within
the 404 permit.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
[phone] x124 or [e-mail] if you have any questions or need any additional
information.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

WILDLANDS
HOLDINGS
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
[e-mail]
0: [phone] ext. 124
M: [phone]
Cc: Ms. Sydni Law, WPIT, Environmental Scientist I TIMMONS GROUP
Mr. David Bailey, PWS, Regulatory Project Manager I USACE
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

KCIENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS
4505 Falls ofNeuse Road Suite 400 Raleigh, NC 27609 [phone] [phone] Fax
April 19, 2021
Mr. Paul Holst
Diamondback Investment Group, LLC
PO Box 489
Colfax, NC 27235
Subject: Mitigation Obligation — SAW-2018-01810
Project: Shallowford Project
Statement of Availability
Dear Mr. Holst,
This letter serves to confirm that KCI Technologies Inc. (KCI) has availability of 0.052 riparian wetland
mitigation credits in HUC 03030002 of the Cape Fear River Basin to satisfy a portion of your obligation for
your Shallowford project. KCI is willing to sell these credits are a credit rate of $65,000/credit for a total of
$3,380.00. In addition, KCI has availability of the requested 39,422 riparian buffer mitigation credits which
we will sell at a rate of $0.90/credit for a total of $35,479.80.
An invoice is attached for your convenience. As soon as KCI receives payment for this transaction, we will
sign the Compensatory Mitigation Responsibility Transfer Form (to be provided) and return it to you. We
will also provide copies to David Bailey and Samantha Daily at the US Army Corps of Engineers as well as
your agents at Timmons Group. We will also complete the paperwork required for the assignment of riparian
buffer mitigation credits to NC DEQ, Division of Water Resources, Riparian Buffer Protection Program.
Sincerely,
Timothy J. Morns
KCI Technologies, Inc.
Senior Associate
Cc: Sydni Law, Timmons Group

E
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
AGENT AUTHORIZATION and
PROPERTY OWNER CERTIFICATION FORM
All Blanks to be Filled in by Current Landowner
The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
To Whom It May Concern:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the undersigned, current property owner designate and authorize representatives of Timmons Group to
act on my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc., from this day forward.
This the 15th day of September , 20 20 .
(number) (Month) (Year)
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ
Division of Water Resources (DWR) to enter upon the property herein described for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject
to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers
and Harbors Act of 1899.
This notification supersedes any previous correspondence concerning the agent for this project.
Project Name: Point at Elon
Parcel ID:
Site Address:
859 Shallnwford Church Rd, Rion, NC 27244
Property Owner's Name (Print): The Po' ; LL
Property Owner's Signature:
Property Owner's Mailing Address:/ 9052 ' . Market St. #489 Colfax, NC 27235
Property Owner's Telephone: [phone] Fax No.
Property Owner's Email Address: ztranna,digllc.com
N
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Path: Y:\805\42565-Shallowford\GIS\42565-JD-VIC.mxd
Site limits are approximate.
Topographic imagery from USGS.
1,000
2,000
0
'SIMMER
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NFW50ME FIELD RD
4,000
Feet
: Elon Univ
DALTON MCMICHAEL DR
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SHALLOWFORD
ALAMANCE COUNTY, NORTH CAROLINA
FIGURE 1: VICINITY MAP
TIMMONS GROUP JOB NUMBER: 42565
PROJECT STUDY LIMITS: 38.2 ACRES
LATITUDE: 36.115703
LONGITUDE: -79.506493
TIMMONS GROUP
.0000
•
YOUR VISION ACHIEVED THROUGH OURS. • •
U.S.G.S. QUADRANGLE(S): GIBSONVILLE
DATE(S): 2019
WATERSHED(S): HAW (CAPE FEAR RIVER BASIN)
HYDROLOGIC UNIT CODE(S): 03030002
ese p ans an. associate. •ocuments are t e exc usrve property o
♦V.' •.U•
an• may not e repro uce in w o e or in part an s a not .e use. or any purpose w atsoever, Inc usrve, •ut not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

Path: Y:\805\42565-Shallowford\GIS\42565-JD-NRCS.mxd
Site limits are approximate.
NRCS Alamance County Soil Survey, 1960
1,260
1,680
SHALLOWFORD
ALAMANCE COUNTY, NORTH CAROLINA
FIGURE 2: NRCS SOIL SURVEY MAP
TIMMONS GROUP JOB NUMBER: 42565
PROJECT STUDY LIMITS: 38.2 ACRES
LATITUDE: 36.115703
LONGITUDE: -79.506493
Th
ese p ans an ocuments are the exclusive property of TIMMONS GROUP and may not p
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
U.S.G.S. QUADRANGLE(S): GIBSONVILLE
DATE(S): 2019
WATERSHED(S): HAW (CAPE FEAR RIVER BASIN)
HYDROLOGIC UNIT CODE(S): 03030002
d shall no[ be used fo
•
I
d associated d
be repro in wh
ole or in part an r any purpose whatsoever, inclusive, but not

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PLUN -E POOL BOTTOM
EXISTING CULVERT PLAN V
STREAM CENTER 7 SCALE: 1" = 20'
A
Channel Pipe
Floodplain Pipe
Upstream Inv:
636.10
ft (NAVD88)
639.10
ft (NAVD88)
Downstream Inv:
635.70
ft (NAVD88)
638.70
ft (NAVD88)
Bury Depth:
12
in
0
in
Ground Elev:
637.10
ft (NAVD88)
639.10
ft (NAVD88)
Road Crest:
651.00
ft (NAVD88)
651.00
ft (NAVD88)
Pipe Rise:
72
in
54
in
Diameter (D):
5
ft
4.5
ft
Length:
73
LF
73
LF
\Ii
Storm Event
ear
(year)
Peak Discharge
(Pre to Post is
Unchanged) (cfs)
Pre -
Development
WSEL at
Upstream
p
Culvert Face (ft
NAVD88)
Post -
Development
HW WSEL(ft(ft)(unitless)(t)(unitless)ft
NAVD88)
Overtop?
HW Depth
HW/D
HW Depth
HW/D
Average
HW/D
(unitless)
Freeboard
( )
1
104
640.55
640.75
NO
3.65
0.73
1.65
0.37
0.55
10.25
2
136
642.09
641.26
NO
4.16
0.83
2.16
0.48
0.66
9.74
10
219
642.25
642.44
NO
5.34
1.07
3.34
0.74
0.91
8.56
25
268
642.33
643.10
NO
6.00
1.20
4.00
0.89
1.04
7.90
100
345
642.44
644.41
NO
7.31
1.46
5.31
1.18
1.32
6.59
STREAM IMPACT NOTES:
1. THE DIMENSION, PATTERN, AND PROFILE OF THE STREAM ABOVE AND BELOW THE CULVERT WILL NOT BE MODIFIED BY
ALTERING THE WIDTH OR DEPTH OF THE STREAM PROFILE. THE DESIGN IS SUFFICIENT TO PASS THE AVERAGE
HISTORICAL LOW FLOW AND SPRING FLOW WITHOUT ADVERSELY ALTERING FLOW VELOCITY.
2. BANK -FULL FLOWS SHALL BE ACCOMMODATED THROUGH MAINTENANCE OF THE EXISTING BANK -FULL CHANNEL CROSS
SECTIONAL AREA. ADDITIONAL CULVERTS MAY BE UTILIZED TO RECEIVE ONLY BANK -FULL FLOWS AS NEEDED.
3. EXCAVATION OF THE STREAM CHANNEL SHALL BE LIMITED TO THE MINIMUM NECESSARY TO CONSTRUCT AND INSTALL
THE PROPOSED CULVERT AND KEEP AN OVERALL STABLE CROSSING. THE FINAL WIDTH OF IMPACTED STREAM AT
CULVERT INLET AND OUTLET SHOULD BE NO GREATER THAN ORIGINAL STREAM WIDTH.
*PER THE US ARMY CORPS OF ENGINEERS, PURSUANT TO ITEMS 1-3 ABOVE STREAM MITIGATION SHALL NOT BE REQUIRED.
3-
0
655
655
650
RETAINING WALL
650
645
8"
WATERMAIN
645
100-YR:
CULVERT INVERT
UNDER EXISTING
640
644.41
24"
MIN
XISTING
GRADE
640
- -
-
25-YR: 643.10 - -
-
10-YR: 642.44 - -
EMBEDDED 1'
GRADE
-
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635
OF 72" RCP @ 0.55a/0
INV IN: 636.100
INV OUT: 635.700
635
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VERT SCALE: 1 "=3
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PROFILE SCALE
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1+50
650
635
RETAINING WALL
CULVERT 3: 73.00' OF 54" RCP @ 0.55%
INV IN: 639.103
INV OUT: 638.703
XISTING
GRADE
650
645
640
635
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24" MIN
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Channel Pipe 72-inch RCP
Crossing Properties
Name:
am Crossing (rev 3-31-2021)
Parameter
ili DISCHARGE DATA
Value
Units
Q
User -Defined
Discharge Method
Discharge List
Defirre_
i(Jl TAILWATER DATA
Irregular Channel
w
Channel Type
Irregular Channel
Define...
Rating Curve
View...
•ICI) ROADWAY DATA
Constant Roadway elevation
v
Roadway Profile Shape
First Roadway Station
0.000
ft
Crest Length
200.000
ft
Crest Elevation
651.000
ft
Roadway Surface
Paved
Top Width
60.000
ft
Culvert Properties
Channel 72
FP 54
Add Culvert
Dupliaete Culvert
Delete Culvert
Parameter
'Value
Unit
i,[j5ji CULVERT DATA
Name
Channel 72
Shape
Circular
s. ) Material
Concrete J
Diameter
6.000
ft
s, Embedment Depth
12.000
ii
Manning's n (Top/Sides)
0.013
Manning's n (Bottom)
0,035
CulvertType
Straight
1,0 Inlet Configuration
Square Edge .A'ith Headwall ►
lf) Inlet Depression?
No
*4 SITE DATA
Site Data Input Option
Culvert Invert data
Inlet Station
0,000 ft
Inlet Elevation
636.100
ft
ft
ft
Outlet Station
73.000
Outlet Elevation
635.700
Number of Barrels
1
Discharge
Names
1-YR CN
Total
Discharge
(cis)
104.00
Culvert
Discharge
::cfs)
85.56
Head,''ater
Elevation
:`,ft)
540.75
Inlet
Control
Depth(ft)
2-YRCN 136.00
105.56
641.26
10 YR CN 219,00
153,97
642,14
25 YR CN 268.00
100YR CN
179.28
643.10
345.00
210.80
644.41
3,32
3,79
4.92
5,56 6.00
6.45 731
Outlet
Control
Depth(ft)
3.65
4.16
534
Flow
Type
3-M2t
Normal
Depth
3.15
Critical
Depth
(ft)
2.02
Outlet
Depth
(ft)
2.97
Tail'Aater
Depth
(ft)
2.97
Outlet
Velocity
(ft1s)
5,13
Tailwater
Velodty
(ftfs)
3,31
3-M2t
3.65
2. 2'}
3,28
3.28
5,73
3.59
3-M2t
5,00
2,88
3,96
3,96
7.06
4.13
3-M2t
5,00
3.15
4,30
4,30
771
4,34
7-M2t
5.00
3.45
4.75
4.75
8.54
4.50
Display
[} Crossing Summary Table
Culvert Summary Table
O Water Surface Profiles
0 Tapered Inlet Table
Q Customized Table
Channel 72
Opttic,•
-
Geometry
Inlet Elevation:
Outlet Elevation:
Culvert Length:
Culvert Slope:
Inlet Crest:
Inlet Throat:
637.10 ft
636.70 ft
73.00 ft
0,0055
0.00 ft
0,00 ft
Outlet Control: Profiles
Plot
Crossing Rating Curve
-14
Culvert Performance Curve -1
Selected Water Profile
Water Surface Profile Data
Floodplain Pipe 54-inch RCP
Crossing Properties
Name:
am Crossing (rev 3-31-2021)
Parameter
V DISCHARGE DATA
Value
Units
User -Defined
Discharge Method
Discharge List
D
Irregular Channel
Define..
TAILWATER DATA
Channel Type
Irregular Channel
Rating Curve
View...
if,9 ROADWAY DATA
Roadway Profile Shape
Constant Roadway Elevation
First Roadway Station
0.000
. ft
Crest Length
200.000
ft
Crest Elevation
651.000
ft
Roadway Surface
Paved
Top Width
60,000
ft
Culvert Properties
Channel 72
FP 54
[ Add Culvert
[Duplicate Culvert
rDelete Culvert
10.1 CULVERT DATA
Name
Shape
FP54
410 Material
Diameter
Embedment Depth
Circular
Concrete
4.500
0,000
ft
in
Manning's n
Culvert Type
0,0L3
Straight
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Inlet Depression?
Grooved End in Headwall
.0 SETE DATA
Site Data Input Option
Inlet Station
Inlet Elevation
Outlet Station
No
Culvert Invert Data
0, 000
639.100
ft
73.000
Outlet Elevation
638.700
Number of Barrels
1
ft
ft
❑isdiarge Total Culvert Headwater Inlet Outlet
Names Discharge Discharge Ele••ration Control Control
(cfs) (cfs) ;;ft) Depth(ft) Depth(ft)
1-YR CN
2-YR CN
10-YR CN
25YR CN
100-YR CN
104,00
L36. 00
219,00
18,47
610,75
30,44
641.26
L65 0.85
2.16 1,27
65,03
642,44
268.00
88.77
643.10
3_34 2,34
4.00 3,09
345.00
134.08
614,41
531 5,21
Flow Normal
Type Depth
(ft)
1-S2n I 1,08
1-S2n
1,39
1-S2n
1-S2n
5-S2n
2,10
2.53
3,10
Critical
Depth
(ft)
1,22
Outlet
Depth
(ft)
1,09
Tailwater
Depth
(ft)
1,58
1.41
2,35
2,97
3,28
3,96
Outlet
Velodty
(ftFs)
6,23
Taik ter
Velodty
(fs)
7.15
8,75
2.76 2,56
4.30
9.49
3.41
4,75
10.10
3,31
3,59
4,13
4.34
4,50
Display
0 Crossing Summary Table
0 Culvert Summary Table
Q Water Surface Profiles
0 Tapered Inlet Table
0 Customized Table
Options...
Geometry
Inlet Elevation:
Outlet Elevation:
Culvert Length:
Culvert Slope:
Inlet Crest:
Inlet Throat:
637,10 ft
636,70 ft
73.00 ft
0.0055
0.00 ft
0.00 ft
Cutlet Control: Profiles
Plot
Crossing Rating Curve
Culvert Performance Curve
Selected Water Profile MI
Water Surface Profile Data ]
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BUFFER MITIGATION CALCULATIONS:
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ZONE 1: 11,674 SF X 3
ZONE 2:
8,462 SF X 1.5
PROPOSED BUFFER DISTURBANCE COMPLIES WITH THE TOWN
OF ELON'S JORDAN LAKE RIPARIAN BUFFER ORDINANCE.
/ /
4B HFZAR, LLC
% .4 S /9UOVi/�ORD CHURCH RD
D.B. 27607-PQ. 8416
1 ZONED: NR �O
= 35,022 SF
= 12,693 SF
ERNEST A. KOURY & `
MARI C ••c R-
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ZONED: NR/i SR
/ / / / 1 /
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WETLAND A N D STREAM IMPACTS
IMPACT
LETTER
IMPACTSPECIFICATIONS
WETLAND IMPACT
STREAM IMPACTS
ZONE 1 IMPACTS
ZONE 2 IMPACTS
PERMANENT
TEMPORARY
PERMANENT
PERMANENT (NO LOSS)
TEMPORARY
PERMANENT
TEMPORARY
PERMANENT
TEMPOAIM
(SF)
(AC)
(SF)
(AC)
(SF)
(AC)
(LF)
(SF)
(AC)
(LF)
(SF)
(AC)
(LF)
(SF)
(AC)
(SF)
(AC)
(SF)
(AC)
(SF)
(AC)
A
GRADING
3,866
0.09
215
0.005
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
B
GRADING
1,940
0.045
45
0.001
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
C
GRADING
9,000
0.207
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
D
GRADING
835
0.02
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
513
0.01
0
0
E
UTILITY INSTALLATION
0
0
2717
0.062
0
0
0
0
0
0
28
317
0.007
0
0
1867
0.043
0
0
1281.77
0.029
F
ROAD CROSSING
0
0
0
0
132
830
0.019
49
306
0.007
0
0
0
9,807
0.225
0
0
6,667
0.15
0
0.15
TOTAL
15,641
0.362
2,977
0.068
132
830
0.019
49
306
0.007 28
317
0.007
9,807
0.225
1,867
0.043
7,180
0.160
1,282
0.179
WETLAND & STREAM IMPACT LEGEND
TEMPORARY WETLAND IMPACT - PURPLE
PERMANENT WETLAND IMPACT - GREEN
PERMANENT STREAM IMPACT - LIGHT BLUE
PERMANENT STREAM IMPACT - NO LOSS - YELLOW
TEMPORARY STREAM IMPACT - PEACH
PERMANENT ZONE 1 BUFFER IMPACT - ORANGE
TEMPORARY ZONE 1 BUFFER IMPACTS - DARK BLUE
PERMANENT ZONE 2 BUFFER IMPACT - RED
TEMPORARY ZONE 2 BUFFER IMPACT - PINK
I 1
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655
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650
650
645
645
640
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■ ■...
—BM'. NC DEPARTMENT OF
■ EI= NATURAL AN❑ CULTURAL RESOURCES
■.■■■
March 14, 2021
Sydni Law
Timmons Group
5410 Trinity Road
Raleigh, NC 27606
RE: Shallowford
Dear Sydni Law:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-14189
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 'M9.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Shallowford
March 14, 2021
NCNHDE-14189
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group servation Occurrence Status tatus Rank Rank
la t Date Rank
Butterfly 34484 Neonympha helicta Helicta Satyr 1980-Pre H 5-Very Significantly G3G4 S1?
Low Rare
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name wner Owner Type
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on March 14, 2021; source: NCNHP, Q4 January 2021. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

nresell St
son Ave
Broad Si
Zn-
veer St
w z
2
March 14, 2021
O
O
Project Boundary
Buffered Project Boundary
Managed Area (MAREA)
NCNHDE-14189: Shallowford
Olsen Dr
as
k
9N
Ma9'1
4V College Ave
L College Ave
'vV Leroron Ave T Lr, Canon Ave._ _ — E''DO III
W T1olllrxger Ave
.a0eto Dr
colonnade Dr
Robin Ilona Dr fhllbbury Dr
t
Slratrold Rd » C,
Gree etree Rd btb
Spring hill Dr
Derriere Rd cS
cs
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Unlve rsr1Y O<
715 rl
1:22,503
0 0.175 0.35
ti 1
0 0.3 0.6
0.7 mi
1.2 km
Sources' Esri, HERE, Garmin, Intermap, increment P Corp_, GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMep contributors, and the GIS
User Community
Page 3 of 3

x
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2021-SLI-0835
Event Code: 04EN2000-2021-E-01828
Project Name: Shallowford
March 14, 2021
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

03/14/2021
Event Code: 04EN2000-2021-E-01828 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at [e-mail].

03/14/2021
Event Code: 04EN2000-2021-E-01828 3
Attachment(s):
• Official Species List

03/14/2021
Event Code: 04EN2000-2021-E-01828 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

03/14/2021
Event Code: 04EN2000-2021-E-01828 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-0835
Event Code: 04EN2000-2021-E-01828
Project Name: Shallowford
Project Type: DEVELOPMENT
Project Description: Residential development in Elon, NC.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@36.115686499999995,-79.50564625833415,14z
Counties: Alamance County, North Carolina

03/14/2021
Event Code: 04EN2000-2021-E-01828 3
Endangered Species Act Species
There is a total of 0 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

Shallowford HPOWEB Results
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DWR Pre -Filing Meeting Request Form
ID#*
Regional Office *
Reviewer List*
20190814
Version*
2
Winston-Salem Regional Office - [phone]
Sue Homewood
Pre -Filing Meeting Request submitted 11/20/2020
Contact Name * Lauren Norris -Heflin
Contact Email Address* [e-mail]
Project Name* Shallowford
Project Owner* Paul Holst
Project County* Guilford
Owner Address: Street Address
3514-B Drawbridge Parkway
Address Line 2
City State / Rovince / Region
Greensboro NC
Fbstal / Zip Code Country
27410 USA
Is this a transportation project?* C Yes r No
Type(s) of approval sought from the DWR:
l 401 Water Quality Certification - I— 401 Water Quality Certification -
Reg ula r Express
I— Individual Permit I— Modification
I— Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes C No
Please list all existing project ID's associated with this projects.*
DWR # 20190814; SAW-2018-01810
Do you know the name of the staff member you would like to request a meeting with?
Sue Homewood
Please give a brief project description below.*

In addition to this electronic submission, agency consultation was
initiated with the USACE and DWR via email on 11/19/2020.
We need to request a permit update for the site know as Shallowford
(fka Point at Elon), SAW-2018-01810, DWR #20190814 (see
attached). Upon finalization of project plans, it was determined the
original proposed bridge is not practicable due to safety requirements
and costs. In order to safely and affordably cross the stream,
including allowing for a required sidewalk, a culverted crossing will be
required.
The original permit included 98 linear feet (If) of permanent stream
impacts to Stream A and a bridged crossing of the stream flowing
generally north/south through the site.
Impact Maps are still in progress, but it is anticipated that the update
will eliminate impacts to Stream A, maintain the same or (if possible)
reduce wetland impacts, and increase permanent impacts to the main
stream to approximately 132-ft.
Please give a couple of dates you are available for a meeting.
11/25/2020
11/30/2020
12/1/2020
12/7/2020
12/9/2020
Please attach the documentation you would like to have the meeting about.
2018-01810 NWP 29 and 18 Tearsheet.pdf
20190814 Ver 1_Approval
Letter_20200128.pdf
pdf only
3.9MB
2.33MB
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.
• !also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
toeoegori
Submittal Date 11/20/2020

Lauren Norris -Heflin
From: [e-mail]
Sent: Monday, December 21, 2020 12:01 AM
To: Lauren Norris -Heflin
Cc: [e-mail]
Subject: Pre -Filing Time Clock has been reached for Shallowford - 20190814 Ver 2
Attachments: DWR Pre -Filing Meeting Request Form.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Shallowford that
you submitted on 11/20/2020. The ID number for that project is 20190814, Version 2.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be
accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
1

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
The Point at Elon LLC
Attn: Paul Hoist
3514-B Drawbridge Parkway
Greensboro NC 27410
NORTH CAROLINA
Environmental Quality
January 28, 2020
DWR # 20190814
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The Point at Elon Shallowford Site
Dear Mr. Hoist:
You have our approval for the impacts listed below for the purpose described in your application dated June 10,
2019, received by the Division of Water Resources (Division) June 17, 2019, and with subsequent information on
August 15, 2019 and December 13, 2019. These impacts are covered by the attached Water Quality General
Certification Number 4139 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Numbers 18 and 29 once they are issued to you by the U.S. Army Corps of Engineers. 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and
the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general conditions of
the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H
.0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1
98 (linear feet)
0 (linear feet)
404/401 Wetlands
Site W1
0.090 (acres)
0 (acres)
Site W2
0.045 (acres)
0 (acres)
Site W3
0.229 (acres)
0 (acres)
Site W4
0.020 (acres)
0 (acres)
Site W5
0 (acres)
0.005 (acres)
Site W6
0 (acres)
0.001 (acres)
North. Car Tina [�1
Wins."' e
33F3-
virc:nrmrc::P'rtal Quaali'ry [�liaair_,i
I €?iticc. 450 W. C16xPrc.r_, mill Road, Suite 3(I)O inr_;ton Sale r, N . rth Crarcrlinra 11 1..O5

The Point at Elon LLC
DWR# 20190814
401 APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)]
3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on
the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities
and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2)
and (c)(2) and 15A NCAC 02H .0507 (c)]
4. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility
lines or other development related activities within this subdivision will require a modification of this 401
Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]
5. The proposed project must comply with the Town of Elon local water supply ordinance approved by the N.C.
Environmental Management Commission (EMC) as required under the Jordan Lake Water Supply Watershed:
Protection and Maintenance of Riparian Areas (Jordan Buffer Rule) 15A NCAC 02B .0267.
6. The permittee shall report to the Winston Salem Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be
provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant
became aware of the circumstances. A written submission shall also be provided within 5 business days of
the time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact dates and
times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case -by -case basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar
days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at
[phone] for information. 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 between
8:00am and 5:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one 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:
ending via US Postal Service:
'ice of Administrative Hearings
14 Mail Service Center
leigh, NC 27699-6714
The Point at Elon LLC
DWR# 20190814
401 APPROVAL
Page 3 of 3
ending via delivery service (UPS, FedEx, etc):
`ice of Administrative Hearings
11 New Hope Church Road
leigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue
Homewood at 336-776-9693 or [e-mail] if you have any questions or concerns.
Sincerely,
DocuSigned by:
fomeaed
"-456ED631098F411...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Perry Isner, Wetlands and Waters (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4139
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES),
• NATIONWIDE PERMIT NUMBER 29 (RESIDENTIAL DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS),
• NATIONWIDE PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 41 (RESHAPING EXISTING DRAINAGE DITCHES),
• NATIONWIDE PERMIT NUMBER 42 (RECREATIONAL FACILITIES),
• NATIONWIDE PERMIT NUMBER 44 (MINING ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER 51 (LAND BASED RENEWABLE ENERGY GENERATION
FACILITIES), AND
• NATIONWIDE PERMIT NUMBER 52 (WATER BASED RENEWABLE ENERGY GENERATION
PILOT PROJECTS).
Water Quality Certification Number 4139 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (18, 29,
39, 40, 41, 42, 44, 46, 51 and 52) of the US Army Corps of Engineers regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
Nin
for Linda Culpepper
Interim Director

GC4139
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
f) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) acre; or
g) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density
thresholds specified in 15A NCAC 02H .1017, which:
i. Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
program2.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval.; or
h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL) [15A NCAC 02H .0506]; or
j) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
k) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
i. The activities are listed as "EXEMPT" from these rules; or
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase 11 NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 11

GC4139
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
3. Deed notifications or similar mechanisms shall be placed on all Tots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4)
and (c)(4)]
4. For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provide documentation that any sediment that may be released has similar
or lower level of contamination than sediment sampled from downstream of the dam in
accordance with Session Law 2017-145.
5. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high -
density projects that trigger threshold Item (g) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
Page 3 of 11

GC4139
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide calculations to document that the project will not cause degradation of
downstream surface waters. Documentation shall include a detailed analysis of the
hydrological impacts from stormwater runoff when considering the volume and velocity
of stormwater runoff from the project built upon area and the size and existing
condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Page 4 of 11

GC4139
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]
Page 5 of 11

GC4139
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 6 of 11

GC4139
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. -Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
Page 7 of 11

GC4139
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 02B .0200 and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 02B .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Page 8 of 11

GC4139
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill Tess than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency [15A
NCAC 01C .0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
Page 9 of 11

GC4139
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
Page 10 of 11

GC4139
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4139 issued December 1, 2017
replaces WQC 4092 issued March 3, 2017; WQC 3890 issued March 19, 2012; replaces WQC
Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402 issued
March 28, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000;
WQCs 3106 and 3108 issued February 11, 1997.
Page 11 of 11

Permittee:
Address:
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01810 County: Alamance U.S.G.S. Quad: NC-Gibsonville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
The Point at Elon, LLC
Attn: Paul Holst
3514B Drawbridge Parkway
Greensboro, NC 27410
Size (acres) -41.32 Nearest Town Elon
Nearest Waterway UT to Dry Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.115923 N-79.506115 W
Location description: The project area is located on the east side of Shallowford Church Road, approximately 0.25 mile north of
its intersection with NC Highway 100 (University Drive), in Elon, Alamance County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent dischar2e of fill material into 98 linear feet
of stream channel (associated with a rip rap dissipater pad) and 0.384 acre of riparian non-riverine wetlands, and the
temporary dischar2e of fill material into 0.006 acre of riparian non-riverine wetlands, necessary for the installation of access
and infrastructure for The Point at Elon residential subdivision. This project will also result in the indirect reduction in
wetland function via partial loss of hydrology to an additional 0.2 acre of riparian non-riverine wetlands.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments; NWP 18. Minor discharges
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 8/8/2019 (received via email 8/15/2019), and additional/revised information
received via email on 12/12/2019 and 1/17/2020, and the enclosed plans Sheet No. EX-1, EX-2, C-406, C-407, C-600A, and email
received 1/17/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee
to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David E. Bailey at [phone] X 30or David.E.Bailey2(a,usace.army.mil.
Corps Regulatory Official:
Date: 2020.03.02 13:06:04
-05'00'
Date: 03/02/2020
Expiration Date of Verification: 03/18/2022

SAW-2018-01810
SPECIAL CONDITIONS
1. 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.
2. No temporary or permanent impacts to Dry Creek (Tributary 1) are authorized by the corps of
Engineers for this development:
a. "Street A" must completely span Dry Creek (Tributary 1) with a bridge (see Sheet No. EX-
1, EX-2, C-407, and C-600A).
b. Underground utilities that cross Dry Creek (Tributary 1) must be installed through
trenchless methods such as by jack and bore or horizontal directional drill (see attached
email received 1/17/2020).
3. Please note that future impacts and/or phases of The Point at Elon/Shallowford development
project and related activities associated with Corps Action ID: SAW-2018-01810 will be
considered part of a single and complete project; these impacts will be considered cumulative with
impacts permitted during earlier phases regarding compensatory mitigation and Nationwide
Permit thresholds. Current cumulative impacts to aquatic resources for this single and complete
project include permanent impacts to 98 linear feet of stream channel (not considered a loss of
waters) and 0.384 acre of wetlands. This amounts to a total loss of potential waters of the US of
0.384 acre.
Date:
g7 2020.03.02
Corps Regulatory Official: 13:05:49 -05'00'
Expiration Date of Verification: 3/18/2022
Date: 03/02/2020
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.
Copy furnished:
Perry Isner, Wetlands & Waters, Inc. 4108 LB Propst Drive, Conover, NC 28613
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

Compensatory Mitigation Responsibility Transfer Form
Permittee: The Point at Elon, LLC, Attn: Paul Holst Action ID: SAW-2018-01810
Project Name: The Point at Elon / Fixed Point Homes / Shallowford Church Road / Elon / Alamance Co. County: Alamance
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.384
*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: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.968
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
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 Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation
responsibility, was included with the preconstruction notification.
• The wetland credits required correspond to 0.384 acre of direct permanent impacts at a 2:1, and 0.2 acre of
indirect partial loss of wetland function impacts at 1:1.
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: [e-mail]). 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:
Email:
David E. Bailey
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[e-mail]
Date: 2020.03.02
13:05:36 -05'00'
03/02/2020
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

CONC.
EWALK
TYP)
t R=200'
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xhibits\C-300- OVERALL SUB.dwg I Plotted on
ord Homes\DWG\Sheet\CD\CD Set\Bridge Version\Pricing
107\42565-Shallo
L
SCALE 1 "=40'
20' PUBLIC STORM
EASEMENT
4.54,
PUBLIC S rGR !
EASEMENT -
ROSSWi
NEW TREE LINE
ALL INFRASTRUCTURE IMPROVEMENTS ARE ' = COMPLY
WITH TOWN OF ELON STANDARD DETAILS AND
SPECIFICATIONS.
JAMES BRYANT CABLE
Wetland
Impact ID
A (W1)
B (W2)
C (W3)
D (W4)
T.A. (W5)
T.B. (W6)
Stream
Impact ID
A (S1)
887 SHALLOWFORD CHURCH RD. — — —
D.B. 87, PG. 660 — — — ZONED: NR
L=130.17'
TOWN 0 /ELGIN
0' PUBLIC UTILITY
/EASEMENT
10' PRIVATE
STORM EASEMENT
20' PUBIC STORM
EASEMENT \
Temporary Wetland
Impact A (W5)
-0.005 ac
Wetland Impact A (W1)
-0.090 ac
COMMON AREA B
( 4.99 AC)
68' DUKE POWER R/W (PER P.B. 38, PG. 57 & P.B. 65, PG. 241)
iPreliminary Concept Drawings
Exhibit Only - Not for construction
Markups by W&W
Impact Table
Impact Area (ac)
0.090
0.045
0.229
0.020
0.005
0.001
Impact Table
Impact Area (LF)
98
BUFFER IMPACT TABLE
ZONE 1 IMPACT
(10,385 SF)
ZONE 2 IMPACT
(7,800 SF)
BUILDING SETBACK
LINE (TYP)
COMMON AREA A
( 4.70 AC)
PHASE 1
TEMPORARY WETLAND
AIIPACT (
. 8 7' 32.76'
6,560 SF
4/ \I/ \I/
10'\[iRI VOTE \1i \1i \1i \fr \fr \I/ \I/f
§/TORM EAAEME JT \fr \fr ' \fr
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S AL S
20' PUBLIC STORM
ASEMENT (TYP)
,37.24'
6,157 SF
20' PUB IC
EASEM NT
60.00'
SITE AREA BREAKDOWN
IMPERVIOUS WITHIN PUBLIC RIGHT-OF-WAYS
TOTAL COMMON AREA
MAX IMPERVIOUS ON EACH LOT:
IMPERVIOUS AREA (SF)
1 5271
2 4500
3 4500
4 4500
5 4500
6 5100
7 5577
8 4519
9 4815
10 4977
LOT #
21
22
23
24
25
26
27
28
29
30
IMPERVIOUS AREA (SF)
2799
2827
2731
3468
4500
4500
4500
4185
3112
3268
\fr \fr
\fr \fr \fr \fr
\fr \fr \fr \fr \fr
\I/ \I/
M2ORARY WETLAND
T (45 SF)
LOT #
11
12
13
14
15
16
17
18
19
20
LOT #
31
32
33
34
35
36
37
38
39
40
= 2.50 AC
= 14.27 AC
IMPERVIOUS AREA(SF)
5280.76
5281.65
4573.35
4528.8
4570.65
4685.4
5938.2
6603.75
4537.8
5246.1
IMPERVIOUS AREA(SF)
2789
2771
3150
3147
3150
3150
2700
2952
3480
2700
Temporary Wetland
Impact B (W6)
-0.001 ac
Wetland Impact B (W2)
-0.045 ac
I6,961 SF
30" D---
CURB (TYP)
7,000 SF
LOT #
41
42
43
44
45
/ /
20' PROPOSED • / ///
GREENWAY
EASEMENT /
Stream Impact A (W1)
-98 LF
TRACT "A"
(NOT PART OF THI
DEVELOPMENT
NE 1 TYP)
50.0' STREM
B F-
\1'HAI4DIC,
ACdESSIbLE \1 '
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REQUIREMENTS
• MINIMUM LOT SIZE
• MAX LOT SIZE
• MINIMUM LOT WIDTH AT BUILDING LINE
• MINIMUM PUBLIC ROAD FRONTAGE
• MINIMUM OPEN SPACE PRESERVATION
• MAX IMPERVIOUS SURFACE
• MAX PRINCIPAL BUILDING HEIGHT
• MAX ACCESSORY BUILDING HEIGHT
LOT WIDTHS
-60 FT WIDTH
-70 FT WIDTH
>80 FT WIDTH
BUILDING SETBACKS
• MINIMUM FRONT YARD SETBACK
• MAX FRONT YARD SETBACK
• SIDE SETBACK FOR PRINCIPAL BUILDING
• SIDE & REAR SETBACK FOR
ACCESSORY BUILDING
• CORNER LOT SETBACKS
-SIDE YARD ALONG LOCAL STREET
-SIDE YARD ALONG MINOR THOROUGHFARE
-SIDE YARD ALONG MAJOR THOROUGHFARE
• REAR SETBACK FOR PRINCIPLE BUILDING
• REAR SETBACK FOR ACCESSORY BUILDING
ALONG ALLEY
20' ONE 2 (TY
= 6,000 SF
= 10,000 SF
= 60 FT
= 20 FT
= 10%
= 45%
= 35 FT
= 26 FT
12 LOTS (48.0%)
12 LOTS (48.0%)
1 LOT (4.0%)
= 10 FT
= 25 FT
= 8 FT
= 3 FT
= 10 FT
= 15 FT
= 20 FT
= 25 FT
EX TOP OF B
FOR EX CR
\, Wetland Impact D (W4)
�. -0.020 ac
12,393 SF
10' PRIVATE
STORM EASEMENT
-0.229 ac
10,041 SF
20' PUBLIC STORM
EASEMENT (TYP)
IMITS O.E.CONSTRUCTION
85.00'
TRANSITION FROCM —
_BOLLED CURB TO
STD. 3017—CURB & TT: R
I" STOP BAR / I
SIGNAGE
11,334 SF
30" CURB & GUTTER
85.02'
10,000 SF
,i 1 l I, l,
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• MINIMUM LOT SIZE
• MAX LOT SIZE
• MINIMUM LOT WIDTH AT BUILDING LINE
• MAX FRONT YARD ENCROACHMENT
• MINIMUM PUBLIC ROAD FRONTAGE
• MINIMUM OPEN SPACE PRESERVATION
• MAX IMPERVIOUS SURFACE
• MAX PRINCIPAL BUILDING HEIGHT
• MAX ACCESSORY BUILDING HEIGHT
LOT WIDTHS
-75 FT WIDTH
-85 FT WIDTH
>95 FT WIDTH
BUILDING SETBACKS
• MINIMUM FRONT YARD SETBACK
• MAX FRONT YARD SETBACK
• SIDE SETBACK FOR PRINCIPAL BUILDING
• SIDE & REAR SETBACK FOR
ACCESSORY BUILDING
• CORNER LOT SETBACKS
-SIDE YARD ALONG LOCAL STREET
-SIDE YARD ALONG MINOR THOROUGHFARE
-SIDE YARD ALONG MAJOR THOROUGHFARE
• REAR SETBACK FOR PRINCIPLE BUILDING
• REAR SETBACK FOR ACCESSORY BUILDING
ALONG ALLEY
13
10,163 SF
141.43'
11,737 SF
10' PUBLIC
STORM EASEMENT
11,735 SF
20' PUBLIC STORM
EASEMENT (TYP)
11,059 SF
10,699 SF
30" OLCE-D--
CURB (TYP)
75.01'
20' PUBLICSTORM
EASEMENT
10,000 SF
-- - R30' ; R30'
CROSSWALK
CD1
10,000 SF
75.01'
50' P/EuMOIVT Alq TURAL GAS R/W
(PER P.B. 38, PG. 57 & P.B. 65, PG. 241)
= 10,000 SF
= 15,000 SF
=75 FT
=12 FT
= 25 FT
= 10%
= 40%
= 35 FT
= 26 FT
10 LOTS (50.0%)
10 LOTS (50.0%)
0 LOT (0%)
= 25 FT
= NONE
= 10 FT
= 10 FT
= 25 FT
= 30 FT
= 45 FT
= 25 FT
= 20 FT
PHASE 2
DATE
09/13/2019
DRAWN BY
M. MARTIN
DESIGNED BY
M. MARTIN
CHECKED BY
J. MATEY
SCALE
1"=40'
OVERALL SUBDIVISION PLAN -
JOB NO.
42565
SHEET NO.
EX-1
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3' -B ILTS OF THE STRUCTURAL STORMWATER CONTROL MEASURE 7
• • • Ti THE CITY,OF BURLINGTON PRIOR TO THE CITY/
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ZONED: NR
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68' DUKE SOWER /�/W (PE/� P B l 1
1 /
h. 381PG. 57 6� P.B. PG. 241)
I
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_ _ _ \ \ N. \
Preliminary Concept Drawings
Exhibit Only - Not for construction
Markups by W&W
/
OV\1 J'OF EL •
CATCH =;
15" ROE
(
/
Wetland Impact Table
Impact ID Impact Area (ac)
A (W1)
B (W2)
C (W3)
D (W4)
T.A. (W5)
T.B. (W6)
0.090
0.045
0.229
0.020
0.005
0.001
Stream Impact Table
Impact ID Impact Area (LF)
A (S 1) 98
BUFFER IMPACT TABLE
ZONE 1 IMPACT
(10,385 SF)
ZONE 2 IMPACT
(7,800 SF)
ZONED: NR_BSR
/
/
/
\
r \
EX. GA
` ,W/CANOPY
CARPORT
HOUSE
Potential Indirect Impact
—0.20 ac TOTAL
RIP -RAP DISSIPATE
20'tX9' WX 16.5" THICKNES
D50=
Temporary Wetland
Impact B (W6)
—0.001 ac
TOP OF WA
BLDG.,
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/ /
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24' ORIFICE I • 646.00/ / / /
/ 60.54TOF3' MP// /,• /,
/ / (NVoUT r 6 .50 ,
■.■ 111 i/ // // // / //
/ / /
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Wetland Impact C (W3)
—0.229 ac
/ /
5.59 • F 15' RCP
117747. 652.
INVoU • % 1.94
GRADING AND DRAINAGE LEGEND
EXISTING CONTOURS
840 PROPOSED CONTOURS
WETLAND IMPACT
(SEE SHEETS C-407)
STREAM IMPACT
(SEE SHEETS C-407)
1
1 1 50'e1ED44ONI- NATURAL] GA,1IR/W (PERI P.B. 38,1
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DATE
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DRAWN BY
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DESIGNED BY
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CHECKED BY
J. MATEY
SCALE
1"=40'
BRIDGE EXHIBIT
OVERALL GRADING AND DRAINAGE PLAN
JOB NO.
42565
SHEET NO.
EX-2

R:\107\42565-Shallowford Homes\DWG\Sheet\CD\CD Set\C-405-IMPACT.dwg I Plotted on 8/12/2019 9:42 AM I by Maegan Martin
TEMPORARY WETLAND IMPACT "A" (215 SF) -
TO BE RESTORED
N
WETLAN ., I M T "A"
(0.090 Aya3
SECTION A -A
665
665
660
660
655
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655
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WETLAND IMPACT A
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VERT SCALE: 1 "=2
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Preliminary Concept Drawings
Exhibit Only - Not for construction
Markups by W&W
SECTION B-B
655
655
650
FINISHED
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EXISTING
GROUND
--
650
645
H
645
RESTORED WETLAND
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1ST CONSTRUCTION DOCUMENT REVIEW COMMENTS
2ND CONSTRUCTION DOCUMENT REVIEW COMMENTS
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BO TO
TOP OF WA
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660
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Preliminary Concept Drawings
Exhibit Only - Not for construction
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1+00
660
655
650
645
640
635
630
625
1+50
SECTION E-E
645
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640
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Bailey, David E CIV USARMY CESAW (USA)
From: Perry Isner <[e-mail]>
Sent: Friday, January 17, 2020 3:00 PM
To: Homewood, Sue
Cc: Bailey, David E CIV USARMY CESAW (USA)
Subject: Re: [External] RE: [Non-DoD Source] The Point at Elon s/d, 2018-01810 (Shallowford),
revisions/additional information
David and Sue, the utilities that are co -located within the proposed span location will be jack -and -bored so as to not
disturb jurisdictional features.
Let me know if you have any questions. Thanks!
On Fri, Jan 17, 2020 at 10:41 AM Perry Isner <[e-mail] <mailto:perryisner@wetlands-
waters.com> > wrote:
Sue and David, see attached for the profile of the proposed span.
Let me know your thoughts. Thanks,
On Tue, Jan 7, 2020 at 9:26 AM Perry Isner <[e-mail] <mailto:perryisner@wetlands-
waters.com> > wrote:
Sue, haven't heard anything back from the engineer regarding the profile of the proposed span.
On Mon, Jan 6, 2020 at 1:43 PM Homewood, Sue <[e-mail]
<mailto:[e-mail]> > wrote:
Just checking in to make sure I'm not missing any follow-up emails/documents on this one?
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail] <mailto:[e-mail]>
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Original Message
1

Action ID Number: SAW-2018-01810 County: Alamance
Permittee: The Point at Elon, LLC (Attn: Paul Holst)
Project Name: The Point at Elon / Fixed Point Homes / Shallowford Church Road / Elon / Alamance Co.
Date Verification Issued: 03/02/2020
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

Determination of Jurisdiction:
A. ❑ There are waters, including wetlands on the above described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area 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 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.
C. ❑ There are waters, including wetlands within the above described project area that are 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.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued 9/17/2018. Action ID: SAW-2018-01810.
Corps Regulatory Official:
Date: 2020.03.02 13:04:55
-05'00'
David E. Bailey
Date of JD: 9/17/2018 Expiration Date of JD: Not applicable

Bailey, David E CIV USARMY CESAW (USA)
From: Bailey, David E CIV USARMY CESAW (USA)
Sent: Tuesday, July 2, 2019 3:33 PM
To:
Cc: Homewood, Sue
Subject: Request for Additional Information: The Point at Elon, Shallowford Church Rd., Elon,
Alamance County; SAW-2018-01810
Attachments: QL2 LiDAR Overlay.pdf; Example.pdf
Thank you for your PCN and attached information, received 6/10/2019, for the above referenced project. I have
reviewed the information and need clarification before proceeding with verifying the use of Nationwide Permit 29
(http://saw-reg.usace.army.mil/NWP2017/2017NWP29.pdf). Please submit the requested information below (via e-mail
is fine) within 30 days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide
Permit or consider your application withdrawn and close the file:
1) The PCN is signed but not dated;
2) Impact D appears to be related to berms required for Stormwater control Measure #2. However, NWP 29
cannot be used to authorize discharges into perennial streams, intermittent streams, or wetlands for
stormwater management facilities (NWP 29 Regional Condition 4.1.1);
3) Your PCN and plans propose a discharge of fill material into 0.378 acre of riparian, non-riverine wetlands for
road crossings and fill/grading for 5 Lots. You have not demonstrated avoidance and minimization to the
maximum extent practicable for the proposed wetland impacts related to Lot fill, as required by NWP General
Conditions 23(a) and (b). It is not clear that project viability is dependent on the inclusion of all 5 lots.
a. Could the project be redesigned to eliminate Lot fill for any of these areas?
b. Could measures such as retaining walls or other means be used to limit fill and grading activities within
these Lots to upland areas, thereby minimizing
wetland impacts?
If project plans are changed as a result of this evaluation, please provide the updated PCN and plan sheets as
necessary. If such changes are not practicable, provide additional justification to this effect.
4) Based on the construction drawings, grading activities related to construction of Streets A and B and adjacent
Lots, as well as rerouting Stormwater to Stormwater Control Measure #1, would be reasonably expected to
significantly reduce hydrologic inputs to remaining areas of Wetland B1000 and Tributary 2. For example, it
appears that these activities would reduce the area draining to Wetland B1000 and the head of Tributary 2 by
approximately 6 acres (>50%). Further, Wetland Impact C leaves a remnant wetland —0.03 acre in size. How will
these remaining wetland/stream areas retain hydrology to remain jurisdictional/functional? If such indirect
impacts to wetlands/streams cannot be avoided, please provide a mitigation plan to compensate for these
impacts.
5) When overlaying the proposed impacts and wetland/stream boundaries onto QL2 LiDAR data it appears that
survey data used for the construction drawings did not include stream meanders at the up -and down -stream
ends of proposed Impact E. On the upstream end, the missing meander may add as much as 75 linear feet of
culvert fill (potentially surpassing the compensatory mitigation threshold for stream impacts). On the
downstream end, the LiDAR-displayed meander indicates that the culvert/rip rap pad may outlet directly into a
stream bank.
a. Please confirm field conditions in these locations, update the plans/PCN as needed to match the
thalweg of the stream, and provide an explanation of the discrepancies;
1

b. Also provide information on how indirect impacts to the stream bank at the culvert outlet will be
prevented, including evaluating whether or not additional stream impacts are warranted in order to
outlet the stream in line with a relatively straight stream segment.
6) Regarding plans for Stream Impact E:
a. Add the proposed rip rap pad to the Section C-C drawing to confirm the rip rap placement in relation to
the existing stream bed, and extend the view of the cross-section to show how the rip rap pad will tie in
with the existing stream grade;
Add a note to the profile and plan view plansheets that clearly states that the rip rap pad within the
stream channel will be imbedded into the streambed substrate such that low water flow will flow over
the top of the rip rap;
Provide a longitudinal cross-section of the rip rap pad to demonstrate how the feature will comply with
NWP 29 Regional Condition 3.6.4 (see attached picture as an example);
Include a profile view of the stream crossing that shows all three culvert pipes with respect to the
stream bed. Note: Since multiple pipes appear to be proposed, it will have to be designed to comply
with NWP 29 Regional Conditions 3.6; this typically involves designing one pipe to accommodate the
existing channel size, and then placing the remaining pipes as high flow pipes, typically set a foot or two
above the existing thalweg (Regional Condition 3.6.2). I have also seen sills placed on high flow pipes to
meet this condition;
7) For Stream Impact F:
a. Provide a profile view of the rip rap placement in relation to the existing stream bed, and extend the
view of the cross-section to show how the rip rap will tie in with the receiving stream;
b. Add a note to the profile and plan view plansheet that clearly states that the rip rap pad within the
stream channel will be imbedded into the streambed substrate such that low water flow will flow over
the top of the rip rap;
8) No temporary impacts to wetlands are proposed. However, several of the proposed fill slopes extend up to the
boundaries of wetlands B2000 and A2000. Please consider whether or not construction access, silt fence
installation, etc. will require encroachment into these wetland areas. If so, include these areas as temporary
impacts on the PCN/plans, and provide a restoration plan/timing once related construction activities are
complete.
9) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
b.
c.
d.
Please let me know if you have any questions.
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
2

Wetlands/Streams and Impacts
per Construction Drawings
LiDAR (QL2) and Impacts Overlay
SAW-2018-01810
The Point at Elon
Elon, Alamance County
Wetland
OP Wetland Impact
US Army
ores of Engineers

Looking upstream at culvert outlet

Requestor:
Address:
Size (acres)
Nearest Waterway
USGS HUC
Location description:
its intersection with
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01810 County: Alamance U.S.G.S. Quad: NC- Gibsonville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Fixed Point Homes, LLC
Attn: Paul Holst
3907 North Elm Street
Greensboro, NC 27455
—41.32 Nearest Town Elon
Dry Creek River Basin Cape Fear
03030002 Coordinates 36.115771 N,-79.506544 W
The project area is located on both sides of Shallowford Church Road, approximately 0.25 mile north of
NC Highway 100 (University Drive), in Elon, Alamance County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters including wetlands, on the above described project area/property, that may be subject to
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33
USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be
sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map
dated 10/12/2017. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat
all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However,
since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which is not
sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including
wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters including wetlands, on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the
Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.

SAW-2018-01810
❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on DATE. 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 David E. Bailey at 919-554-4884 ext. 30 or
David.E.Bailey2 jusace.army.mil.
C. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 09/17/2018.
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: Jason Steele, 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. * *
Digitally signed DNcUob. overnment ou=DoD, o =PKI
ou USA, n=BAILGovernment, 792837,ou=PKl,
ou=USA, cn=BAILEY.DAVID.E.1379283736
Date: 2018.09.1715:49:45 -04'00'
Corps Regulatory Official:
Date of JD: 09/17/2018 Expiration Date of JD: Not applicable
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:
Perry Isner, Wetlands & Waters. Inc., 6018 Little Mountain Rd., Sherrills Ford, NC 28673
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

Potential Wetland
Waters of the US
C1000 Potential Non -Wetland
Waters of the US
Tributary 3
WETLANDS
& WATERS
Fig 1: Approx. Depiction of Waters and Wetlands
Project Boundary
Pote tial We an
Wa • rs of e
B2 Ui0
Po • r.`al etia d
Watersy of t - U
B1000
Project Name:
Owner / Developer:
e,n�ti- et! . d
aes.ft eU
/ A 00'
Potential Wetland
Waters of the US
A1000
Shallowford
Fixed Point Homes
City/ County:
Elon / Alamance
Tax PIN(s):
Coordinates:
Lat: 36.11597 Long: -79.50606
116974
Scale:
graphic
Date: 09/20/17
Revised: 10/12/17

SAW-2018-01810
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Fixed Point Homes, LLC (Attn: Paul Holst) File Number: SAW-2018-01810 Date: 09/17/2018
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
/1
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
or
I - The following identifies your rights and options regarding an administrative appeal of the above decision.
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
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.

SAW-2018-01810
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: 1
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, 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]
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 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. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: September 17, 2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Paul Holst, 3907 North Elm Street, , NC, 27455.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Fixed Point Homes / Shallowford Church Road /
Elon / Alamance County / residential, SAW-2018-01810
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Alamance County City: Elon
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.1157713006164° Long.: -79.5065435963205°
Universal Transverse Mercator:
Name of nearest waterbody: Dry Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 10/11/2018
TABLE OF AQUATIC RESOURCES INREVIEW 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)
Wetland A 1000
36.11491
-79.50561
0.04 acre
Wetland water
Section 404
Wetland A 2000
36.11553
-79.50542
1.2 acre
Wetland water
Section 404
Wetland B 1000
36. 11595
-79.50637
0.35 acre
Wetland water
Section 404
Wetland B 2000
36.11629
-79.50644
0.15 acre
Wetland water
Section 404
Wetland C 1000
36.11596
-79.50631
0.04 acre
Wetland water
Section 404
Wetland C 2000
36.11702
-79.51036
0.5 acre
Wetland water
Section 404
Tributary 1
36.11618
-79.50485
1100 linear feet
non -wetland water
Section 404
Tributary 2
36.11575
-79.5058
185 linear feet
non -wetland water
Section 404
Tributary 3
36.11713
-79.50943
750 linear feet
non -wetland water
Section 404
Tributary 4
36.1168
-79.50897
60 linear feet
non -wetland water
Section 404
Tributary 5
36.11678
-79.51016
185 linear feet
non -wetland water
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 should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
O Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Map: Aerial, soils, and topo maps (Wetlands & Waters) .
O Data sheets prepared/submitted by or on behalf of the PJD requestor.
x❑ 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.
El U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Gibsonville Quad
0 Natural Resources Conservation Service Soil Survey. Citation: Alamance Co. Soil Survey
0 National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
El Photographs: 0 Aerial (Name & Date): Alamance Co. GIS
or 0 Other (Name & Date): Field photos 09/15/17
111 Previous determination(s). File no. and date of response letter:
E Other information (please specify): LiDAR (NC Floodmaps)
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.
Digitally signed by
BAILEY.DAVID.E.1379283736
DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
cn3AILEY.DAVI D. E.1379283736
Date: 2018.09.1715:33:56 -04'00'
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.

Sydni Law
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, November 19, 2020 1:54 PM
To: Lauren Norris -Heflin; Homewood, Sue
Cc: Sydni Law; Hopper, Christopher D CIV (USA)
Subject: RE: Shallowford Permit Revision (AID SAW-2018-01810 and DWR# 20190814)
Attachments: 20190702 RFAI.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Lauren. These changes are significant enough to justify needing an updated PCN and plans. Please note that the use
of this NWP was verified recently enough where we should be fine with our Section 7 and Section 106 decisions, so that
information isn't necessary.
One thing to remind everyone about is that, when the 1st PCN for this project was submitted they proposed a culvert in
the main stream channel. However, the way that the main stream channel was drawn onto the plans didn't show a
large meander and significantly under -reported the stream impacts. It also showed that the culvert would be outlet into
a stream bank, likely increasing stream impacts further. By this point, exceeding the compensatory mitigation threshold
appeared likely, hence the proposal to bridge this feature. I have attached my request for additional information
submitted at the time and highlighted the items pertaining to these issues.
Another item to point out is that we identified areas of reasonably foreseeable indirect wetland impacts due to
proposed drainage changes. Those impacts were baked into our most recent NWP 29/18 verification, but it seems
reasonable to reiterate it here in case those questions come up.
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
From: Lauren Norris -Heflin <[e-mail]>
Sent: Thursday, November 19, 2020 1:29 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Homewood, Sue
<[e-mail]>
Cc: Sydni Law <[e-mail]>
Subject: [Non-DoD Source] Shallowford Permit Revision (AID SAW-2018-01810 and DWR# 20190814)
1

Good afternoon Dave and Sue,
We need to request a permit update for the site know as Shallowford (fks Point at Elon), SAW-2018-01810, DWR
#20190814. Upon finalization of project plans, it was determined the original proposed bridge is not practicable due to
safety requirements and costs. In order to safely and affordably cross the stream, including allowing for a required
sidewalk, a culverted crossing will be required.
The original permit included 98 linear feet (If) of permanent stream impacts to Stream A and a bridged crossing of the
stream flowing generally north/south through the site.
Impact Maps are still in progress, but it is anticipated that the update will eliminate impacts to Stream A, maintain the
same or (if possible) reduce wetland impacts, and increase permanent impacts to the main stream to approximately
13 2-ft.
Would updated site plans and a narrative suffice to revise the permits, or would additional work be required?
Let me know if you need a copy of the original permits or any other information.
Thanks!
Lauren Norris -Heflin
Environmental Project Manager
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 I Raleigh, NC 27607
Office: 919.866.4943 I Cell: 919.607.1723 I Fax: [phone]
[e-mail]
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