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HomeMy WebLinkAboutSW3210301_404 Permit_20210511U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01154 County: Union U.S.G.S. Quad: NC-Waxhaw GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Kolter Homes, LLC Mike McLendon Address: 4807 PGA Boulevard Palm Beach Gardens, FL 33418 Telephone Number: 704-891-6004 E-mail: bstevensOkolter.com Size (acres) 292 Nearest Town Monroe Nearest Waterway East Fork Twelvemile Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 34.98746 Longitude:-80.66696 Location description: The review area is located on the west side of Potter Road; approximately 1.5 miles south of the intersection of Potter Road and Weddington Road. PINs: 06027007 and 06009008. Reference review area description shown in Jurisdictional Determination Request package entitled "Overall Wetland Impact Plan" and Printed Date of 01/02/2020. Description of projects area and activity: This verification authorizes the permanent conversion impacts to 0.046 acres of forested wetland and temporary impacts to 0.044 acres of wetland and 70 linear feet of stream for development of a residential community and associated features (i.e., gravity fed sewer line connections). Temporary stream and wetland impacts will be restored to pre -construction conditions after the completion of construction. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 12. Utility Line Activities 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 1/17/2020, and the enclosed plans Impact Maps, Sheets 1-5 dated 1/2/2020. 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 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. 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 Bryan Roden -Reynolds at 704-510-1440or brvan.roden-reynoldsOusace.army.md. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date:2020.08.251224-16-04'�' Date: 8/25/2020 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands & Waters, Inc. Perry Isner Address: 328 East Broad Street, Suite D Statesville, NC 28677 Telephone Number: 704-773-4239 E-mail: gerrvisner(&wetlands-waters.com Action ID Number: SAW-2019-01154 County: Union Permittee: Kolter Homes, LLC, Mike McLendon Project Name: Cresswind at Wesley Chanel Date Verification Issued: 8/25/2020 Project Manager: Bryan Roden -Reynolds 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: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or bryan.roden-reynolds@us ace. army. mil 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 SPECIAL CONDITIONS a. 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. SAW-2019-01154 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Kolter Homes, LLC, Mike McLendon 1.2 Activity location: Latitude- 34.98746 Longitude:-80.66696 Location description: The review area is located on the west side of Potter Road; approximately 1.5 miles south of the intersection of Potter Road and Weddington Road. PINs: 06027007 and 06009008. Reference review area description shown in Jurisdictional Determination Request package entitled "Overall Wetland Impact Plan" and Printed Date of 01/02/2020. 1.3 Description of activity requiring verification -This verification would authorize the permanent conversion impacts to 0.046 acres of forested wetland and temporary impacts to 0.044 acres of wetland and 70 linear feet of stream for development of a residential community and associated features (i.e., gravity fed sewer line connections). Temporary stream and wetland impacts will be restored to pre -construction conditions after the completion of construction. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing 1/29/2020 1.6 Jurisdiction Determination completed? An Approved JD was completed on 10/8/2019. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 12. Utility Line Activities 1.9 Activity requires written waiver of NWP limits? No. 1.10 Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed activity in waters would include the loss of jurisdictional waters (as specified in Section 1.3) and their associated aquatic resource functions. The proposed activity also has the potential to result in indirect effects to waters including excess sedimentation in downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the project area, increase of downstream flows, and blocking/restricting aquatic life passage transiting in and through the project area. These indirect effects are expected to be minimal due to design criteria and Best Management Practices (BMPs) required by Nationwide Permit General and Regional Conditions. Additionally, indirect effects would SAW-2019-01154 be further reduced through the implementation of BMPs required by state, local, and Federal ordinances and regulations. 2.2 Site specific factors: The review area consists of primarily agricultural and vacant, forested land. Two existing sanitary sewer outfalls are present within the review area. The general land use in the vicinity of the review area is primarily agricultural and residential. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. Agency coordination is not required and was not conducted for the proposed project. 2.3.2 Was the PCN coordinated with other Corps offices? No. 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site -The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? Yes. Provide rationale: Compensatory mitigation is required to ensure minimal adverse environmental effects. The project area is located within the larger Lower Catawba watershed (HUC 03050103) which is highly urban. This area has a long history of intensive land uses which has resulted in long term degradation to aquatic resources. The watershed has rapidly converted to developed area and impervious surfaces since the 1970's due to the rapid expansion of the Charlotte metropolitan area. The National Land Cover Dataset estimated that 7.697% of the watershed (HUC 03050103) consisted of impervious surfaces in 2011. This is expected to be 8.5-9% today based on the pace of development in this watershed since 2011. Scientific literature cited by the USEPA Office of Water Recovery in their 09/01/2011 dated Recovery Potential Metrics Summary Form for watershed percent impervious cover suggests that these levels of impervious surfaces cause substantial physical, chemical, and biological harm to the aquatic environment. Additionally, there are currently no private mitigation banks or in -lieu fee sites with credits available to offset losses of aquatic function from private development in this watershed. Given the quality of the water to be impacted, the scarcity of similar resources in this watershed, and the largely urban nature of the watershed, the waters within the project area provide important aquatic resource functions to downstream waters that are difficult to replace. The loss of these functions in this setting and in the proposed quantities necessitates compensatory mitigation to ensure that cumulative impacts to onsite and downstream aquatic resources are individually and cumulatively minimal. SAW-2019-01154 2.4.3 Type and location of compensatory mitigation Is the impact in the service area of an approved mitigation bank? No. 11 yes, uUus Unu rniuyauUn wank have appopriate number and rusuuic:e type of credits -ivailable? N/A. Is the impact in the service area of an approved in -lieu fee program? Yes. If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? No. Selected compensatory mitigation type/location(s): See Table Table 1: Mitigation Type and Location Mitigation bank credits In -lieu fee program credits X Perm ittee-res onsible mitigation under a watershed approach Perm ittee-res onsible mitigation, on -site and in -kind Perm ittee-res onsible mitigation, off -site and/or out of kind Does the selected compensatory mitigation option deviate from the order of the options presented in §332.3(b)(2)-(6)? No. If yes, provide the rationale for the deviation, including the likelihood for ecological success and sustainability, location of the compensation site relative to the impact site and their significance within the watershed, and/or the costs of the compensatory mitigation project (see 33 CFR §332.3(a)(1)): 2.4.4 Amount of compensatory mitigation: 0.1 acres of wetland credit Rationale for required compensatory mitigation amount: This amount of compensatory mitigation is required because the mitigation site is located in a different watershed/8 digit HUC than the impacted aquatic resources. The permanent wetland impacts of 0.044 acres would convert these forested wetlands to herbaceous wetlands as a result of the proposed project. The proposed project is located in the Lower Catawba 103 HUC where there are currently no private mitigation banks or in -lieu fee sites with credits available to offset losses of aquatic function from private development in this watershed; therefore these impacts are in the Expanded Service Area which may require the ratio to be doubled. The loss of these functions in this watershed necessitates compensatory mitigation to ensure that cumulative impacts to onsite and downstream aquatic resources are individually and cumulative minimal. The North Carolina Wetland Methodology assessed the quality of the impacted wetlands as low quality wetlands would have a compensatory mitigation ratio of 1.5:1. However, the Corps considers conversion impacts at a reduced ratio compared to permanent impacts associated with the discharge of fill material. Therefore, compensatory mitigation for permanent wetland conversion impacts to 0.044 acres of wetlands would SAW-2019-01154 be required at 1:1 and would be double because these impacts occur in the Expanded Service Area; resulting in a final compensatory mitigation ratio of 2:1. 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Union County: Carolina heelsplitter (Lasmigona decorata)- Endangered Atlantic pigtoe (Fusconaia masoni)- Proposed Threatened Schweinitz's sunflower (Helianthus schweinitzii)- Endangered Michaux's sumac (Rhus michauxii)- Endangered Effect determination (s), including no effect, for all known species/habitat, and basis for determination(s): The Corps has determined that the activity may affect, but is not likely to adversely affect species subject to the ESA. Based on the latest version of the Natural Heritage Program's NHEO data, there are listed species located within or in the vicinity of the action area and this activity is one that may affect those listed species. The Corps initiated consultation with the USFWS on January 29, 2020. The USFWS, in a letter dated March 3, 2020, provided to following comments: "Service records show known occurrences of the federally endangered Schweinitz's sunflower in the vicinity of the project area and suitable habitats for this species may occur within the project limits. To ensure that this plant is not inadvertently lost, targeted surveys should be conducted by a qualified botanist where the proposed work would alter its suitable habitat. Surveys are not required where suitable habitats for this species do not occur. The survey window for this species is late August -October (or first frost). We request the applicant provide our office with survey results and/or an evaluation to complete our review and inform a prudent effect determination." In addition, in an email dated April 22, 2020, the USFWS reiterated their statement in the March 3, 2020. In addition to the statements made by the USFWS in March 3, 2020, they also stated in the email dated April 22, 2020, "the applicant may choose to assume presence of this species (i.e., Schweinitz's sunflower) and identify measures to sufficiently avoid impacts to areas onsite that contain suitable habitat. The applicant conducted targeted surveys within all potential habitats during the optimal survey window (i.e., August 17, 2020) and did not detect evidence for these species. In a letter dated August 21, 2020, the USFWS stated "Based on the information provided, we believe the probability for project -mediated take of these species is insignificant and discountable and concur with a may affect, not likely to adversely affect determination as proposed." 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" SAW-2019-01154 (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? Yes. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site visit, there are known historic properties located in the permit area or in close proximity to the permit area. Effect determination and basis for that determination: The Corps has determined the proposed activity has no potential to cause effects to properties listed or eligible for listing in the National Register of Historic Places, because the project is located in areas that have been created in modern times. 3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). Consultation was initiated with the NCSHPO on January 29, 2020. NCSHPO, in a letter dated February 25, 2020, 2020, provided the following comments: "We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed." The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. SAW-2019-01154 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. Provide a description of any consultation(s) conducted including results and how concerns about significant effects to protected tribal resources, tribal rights and/or Indian lands were addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.4.2 Other Tribal including any discussion of Tribal Treaty rights? N/A 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? Yes. 4.2 Required special condition(s) Special condition: a. 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. Rationale -See Section 2.4.2. SAW-2019-01154 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A. 5.2 The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. PREPARED BY: RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KEN NE REYNOLDS.BRYANXENNETH.1263 385574 THI263385574 Date: 2020.08.25 12:23:49 -04'00' Bryan Roden -Reynolds Date: 8/25/2020 Compensatory Mitigation Responsibility Transfer Form Permittee: Kolter Homes, LLC, Mike McLendon Action ID: SAW-2019-01154 Project Name: Cresswind at Wesley Chapel County: Union 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: 03050103, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .044 *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: 03050103 Expanded Service Area Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.1 Mitigation Site Debited: (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 SAW-2019-01154 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 their willing and able to accept the applicants compensatory mitigation responsibility, dated 2/6/2020 was included with the preconstruction notification. 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, NC27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Bryan Roden -Reynolds USACE Field Office: Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Email: bryan.roden-reynolds@usace.army.mil RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.12 REYNOLDS.BRYAN.KENNETH.1263385574 63385574 Date: 2020.08.25 12:23:08-04'00' 8/25/2020 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 2, Ilk W \ \ \ N \ \ \ N �.± � N \ CL «o0 \ G i= N�;a __aaJ �CL�c1O I� f6 3 .. Z N O O F R 7 I \\ a O �U) JIn OO:E JIns,N ~QN fA \\ —\I U� \ C 3-0 N ® \�l�i?? 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OUT: 543.26 (W) \ WETLAND IMPACT AREA F1000/1100 60 \ EAST FORK TWELVE MILE 560 CREEK 555 �� 555 \ EXISTING GRADEI EX MH 550 -- 550 545 �� i 545 4 0 TO B LLED i 540 BY OPEN CUT N co N N n 0 CO to � n In L 1+00 2+00 2+75 27842.0001 - SEWER - RUN 1 STATIONS: 0+00 — 2+75 SCALE: HORZ.: 1" = 60' VERT.: 1" = 6' WESLEY CHAPEL EXHIBIT: WETLAND IMPACT #1 -PROFILE VIEW CLIENT: KOLTER HOMES LOCATION: UNION COUNTY DATE: 01.02.20 DRAWN BY: GL SHEET: 3 OF 5 JOB NUMBER: J-27842.0000 REVIEWED BY: MSK SCALE: 1"= 60' T THOMAS HUTTON 1020 Euclid Avenue Charlotte, NC 28203 www.thomasandhutton.com 80 570 570 565 WETLAND AREA F .000 565 60 I I I PROPOSED I I I GRADE 560 GRADE EXISTING � I _ �-- I I 555 I T 555 MH �100 (69) I I I 550 I 550 EX. MH TO BE INSTALLED BY OPEN CUT PVC - SDR 26 SEWER PIPE 545 545 40 540 m _ M �T M 0+00 1+00 2+00 2+50 27842.0000 - SEWER - RUN 2 STATIONS: —0+25 — 2+50 SCALE: HORZ.: 1" = 60' VERT.: 1" = 6' WESLEY CHAPEL EXHIBIT: WETLAND IMPACT #2 - PROFILE VIEW CLIENT: KOLTER HOMES LOCATION: UNION COUNTY DATE: 01.02.20 DRAWN BY: GL JOB NUMBER: J-27842.0000 REVIEWED BY: MSK SHEET: 5 OF 5 SCALE: 1"= 60' T THOMAS HUTTON 1020 Euclid Avenue Charlotte, NC 28203 www.thomasandhutton.com