20201346 Ver 1_SAW-2020-00794 AMH Development, Holly Gardens (PJD)_20210427

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00794 County: Mecklenburg U.S.G.S. Quad: NC- Mountain Island Lake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: AMH Development
Jose M. Luis
Address: 16905 Northcross Drive, Suite 200
Huntersville, NC 28078
Telephone Number: 704-577-6879
E-mail: iluis(&ah4r.com
Size (acres) 32 Nearest Town Charlotte
Nearest Waterway Long Creek River Basin San tee
USGS HUC 03050101 Coordinates Latitude: 35.3107
Longitude: -80.9632
Location description: The review area is located on the southside of Mount Holly Huntersville Road, 0.19 southwest of the
intersection of Harwood Land and Mount Holly Huntersville Road. PINs: 03111231, 03111232, 03111233, and 03135198.
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 6/3/2020. Therefore,
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
E There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe 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.
E There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 ofthe 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

SAW-2020-00794
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [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 L. Shaeffer at 704-510-1437 or
david.l.shaeffer(a�usace.army.m il.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 6/8/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 l . Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit anRFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
SH AEFFER.DAVID. LEIG H.1260750573
0ate: 2020 06 08 16.08.41 -04'00'
Corps Regulatory Official:
Date of JD: 6/8/2020 Expiration Date of JD: Not applicable

SAW-2020-00794
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_apcx/f?p=136:4:0
Copy furnished:
Agent: CWS, Incorporated
Megan Shelton
Address: 550 East Westinghouse Boulevard
Charlotte, NC 28273
Telephone Number: 757-576-6433
E-mail: megan(ucws-inc.net

PROCESS AND
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: AMH Development, Jose M. Luis File Number: SAW-2020-00794 Date: 6/8/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMTT (Standard Permit or Letter of permission)
B
PERMTT DENTAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
x
SECTION
Additional
or the
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
Corps regulations at 33 CFR Part 331.
A: INITIAL
•
signature
rights
•
that
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
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
it to the district engineer for final
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
therein, you may request
return the form to the district
date of this notice, or you will
engineer will evaluate your
permit to address some of your
as previously written. After
reconsideration, as indicated in
on the Standard Permit or acceptance of the LOP means that you accept the permit
to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
the permit be modified accordingly. You must complete Section TT of this form and
engineer. Your objections must be received by the district engineer within 60 days of the
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district
objections and may: (a) modify the permit to address all of your concerns, (b) modify the
objections, or (c) not modify the permit having determined that the permit should be issued
evaluating your objections, the district engineer will send you a proffered permit for your
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.
lir
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT i•
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 clarity 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 FORTUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David L. Shaeffer
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 6/8/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: AMH Development, Jose M. Luis, 16905
Northcross Drive, Suite 200, Huntersville, NC 28078
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Holly Gardens, SAW-2020-
00794
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
southside of Mount Holly Huntersville Road, 0.19 southwest of the intersection of Harwood Land and Mount
Holly Huntersville Road. PINs: 03111231, 03111232, 03111233, and 03135198.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3107 Longitude: -80.9632
Universal Transverse Mercator:
Name of nearest waterbody: Long Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
▪ Field Determination. Date(s): 6/3/2020 by the Corps
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)
Intermittent
Stream A
35.311539
-80.965523
91 If
Non -wetland
waters
Section 404
Intermittent
Stream B
35.309486
-80.9633114
447 If
Non -wetland
waters
Section 404
Perennial
Stream B
35.309008
-80.961621
540 If
Non -Wetland
Waters
Section 404
Intermittent
Stream C
35.310864
-80.963558
254 If
Non -wetland
waters
Section 404
Perennial
Stream D
35.310139
-80.960618
1,079 If
Non -wetland
waters
Section 404
Intermittent
Stream E
35.311218
-80.965541
52 If
Non -wetland
waters
Section 404
Wetland AA
35.311685
-80.965487
0.07 ac.
Wetland
Section 404
Wetland BB
35.310728
-80.965127
0.02 ac.
Wetland
Section 404
Wetland CC
35.309967
-80.963503
0.35 ac
Wetland
Section 404
Wetland DD
35.310488
-80.963633
0.04 ac
Wetland
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 he" waters of the U.S. and/or that there "may he" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 7 dated 6/3/2020
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: DP1-DP3
® 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: Nationalmap.gov
USGS NHD data:
®USGS 8 and 12 digit HUC maps:
❑U.S. Geological Survey map(s). Cite scale & quad name:
®Natural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soils Mapservice
®National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
❑ State/local wetland inventory map( s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ❑ Aerial (Name & Date):
or ® Other (Name & Date): Photos 1-14 dated 11/20/2019
Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
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
1:54
SHAEFFER.DAVID.LEIGH.126
•0750573
Date: 2020.06.08 16:09:22
-04'00'
Signature and date of Regulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtaining the signature is
6/8/2020 impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

Wetland AA
0.07 acre
Wetland BB
0.02 acre
Opine Mountain
v i
Wetland DD
0.04 acre
Wetland CC
0.35 acre
Intermittent Stream B
447 If
Intermittent Stream E
52 If
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY
GIS DEPARTMENT, DATED 2019.
NOTE: JURISDICTIONAL WATERS OF THE U.S. VVERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON NOVEMBER 13, 2019. JURISDICTIONAL FEATURES VVERE
FIELD VERIFIED BY THE USACE ON JUNE 3, 2020 (SAW-2020-00794).
e
I / ! I
SC P24,
Intermittent Stream E
52 If
'0'r
Lemongrass-Ln '�
0410
01 \-)° 'N *
A.
a0 - 01\
1
1
*** A
•‘' K'''''4
006
Perennial Stream B
540 If
lilktkA0,4
Perennial Stream D
1,079 If
Legend
Project Limits (32 ac.)
Intermittent Stream
Perennial Stream
Herbaceous Wetland
Forested Wetland
Roads
Tax Parcels
SDP Data Point
A SCP Stream Classification Point
Indicates Flow
Photo Location and Direction
N
400 200
400 Feet
SCALE:
1 inch = 400 feet
CWS PROJECT NO:
2019-0395
COORDINATES:
35.31074, -80.963234
DATE:
6/3/2020
DRAWN BY:
ALH
CHECKED BY:
AVH
ik‘
CARO LI NA
WETLAND SERVICES
Jurisdictional Boundaries
Holly Gardens
Mecklenburg County
Charlotte, North Carolina
FIGURE NO.
7
of
7
G:\Shared drives\Consulting Team Drive \2019\2019 Consulting Projects \2019-0395 Holly Gardens (Mount Holly Hunterville Road)\JD\Updates Per UASCE Site visit\fgure7_JD.mxd