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HomeMy WebLinkAbout20210256 Ver 1_ePCN Application_20210628DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20210256 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 'Information for Initial Review la. Name of project: Stanley Lucia la. Who is the Primary Contact?* Heath Caldwell 1b. Primary Contact Email:* heath.caldvvell@\&etlands-epg.com Date Submitted 6/28/2021 Nearest Body of Water South Stanley Creek Basin Catawba Water Classification WS-IV Site Coordinates Latitude: Longitude: 35.3497-81.0809 A. Processing Information County (or Counties) where the project is located: Gaston Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)999-5279 Is this a courtesy copy notification?* r Yes r No ID# 20210256 Pre -fling Meeting or Request Date 2/4/2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document 0. DWR Pre -Filing Meeting Request Form Stanley Lucia.pdf File type mist be FCF 1a. Type(s) of approval sought from the Corps: W 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?* IT Yes r No Please provide the date of the previous submission.* 6/22/2021 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes IT No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 1 29 - Residential Developments 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: 52.34KB r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner 9 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Craig Realty 2b. Deed book and page no.: 1264/0234 * r Yes r No r Yes r No 2c. Contact Person: David Craig 2d.Address Street Address P.O. Box 550 Address tine 2 city Stanley Postal / Zip Code 28164 2e. Telephone Number: (704)822-5101 2g. Email Address:* heath. ca Idwe I I @wetlands-e pg. com 3. Applicant Information (if different from owner) 3a. Name: Tim Sheehy 3b. Business Name: Meritage Homes of the Carolinas, Inc 3c.Address Street Address 13925 Ballantyne Corporate Place Address Une 2 Suite 300 City Charlotte Postal / Zip Cede 28277 3d. Telephone Number: (704)944-8946 3f. Email Address:* amber. lipsky@wetlands-e pg. com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road Address Une 2 PMB 550 City Charlotte Postal / Zip Code 28277 4d. Telephone Number: (704)999-5279 4f. Email Address:* heath.caldwell@v,etiands-epg.com State / Bovine / legion NC Country USA 2f. Fax Number: State / Rovince / Pegion NC Country USA 3e. Fax Number: State / Rovince / legion NC Country USA 4e. Fax Number: C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Stanley 2. Project Identification 2a. Property Identification Number: 175763,175761,175734,175764 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* South Stanley Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 03050101 4. Project Description and History 2b. Property size: 86.5 State / Rovinoe / Pagion Country 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 site is located northeast of Charles Raper Jonas Highway 27, and just south of Old Mount Holly Road in Gaston County, NC. The topography consists of moderate slopes and drainages grading into the headwaters of South Stanley Creek, with elevation ranging from 770 to 810 ft. The entire site is wooded; there is a mix of disturbed pines and hardwoods on the upper slopes and the lower slopes/stream corridors are mixed hardwood. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r- Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.384 4g. List the total estimated linear feet of all existing streams on the property: 3049 4h. Explain the purpose of the proposed project:* The proposed project consists of one road crossing and open cuts for utility installation. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved f Not Verified r Unknown r WA Corps AID Number: SAW-2020-01916 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: Sd. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 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 projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts r Buffers 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area W1 Fill P Hardwood Flat Wetland BW Yes Corps 0.050 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.050 21. Comments: W1- Wetland BW for grading due to roadway 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.050 u F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3h. Impact (?) ]3g.S.width* Jurisdiction* length* S1 Headwall, Rip Rap Permanent Stabilization South Stanley Creek Perennial Corps 94 Average (feet) (linearfeet) S2 Access Temporary Workpad/Causeway South Stanley Creek Perennial Corps 12 15 Average (feet) (lir�rfeel) S3 Utility Installation Temporary Excavation South Stanley Creek Perennial Corps 18 51 Average (feet) (lir�rfeet) S4 Utility Installation Temporary Excavation South Stanley Creek Perennial::] Corps 11erage(feet) 67 -] Av;rfeel) (li 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 94 31. Total stream and ditch impacts: 227 3j. Comments: S1- 0.02 AC total. Includes 20' rip rap apron and retaining wall S2- Temporary access S3- For utility installation. Includes area from pump inlet to discharge S4- For utility installation. Includes area from pump inlet to discharge E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 133 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The applicant has demonstrated substantial avoidance and minimization efforts in which 87 % of the 0.384 acres of onsite wetlands and 93 % of the 3,049 linear feet onsite streams Will be avoided. No mitigation is proposed due to the project's limited impacts to site surface waters. Opencut installation of utilities was preferred to limit impacts to stream buffers due to steep topography. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, buffers, 2:1 slopes, and the maximum allowable headwalls will be used to minimize crossing impacts. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: No mitigation is proposed due to the project's limited impacts to site surface waters. 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? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs W Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Gaston County Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Gaston County but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. No additional phases proposed 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. The report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https://nc.maps.arcgis.com/ There are no NRHP-listed properties or other historic resources recorded in the project area. Please refer to the attached Cultural Resources Report. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov https://g is.gaston gov. coni'Ma p/Default.aspx Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Ock the upload button a drag and drop files here to attach docurrent Stanley Lucia PCN Binder SUBMITTED.pdf 7.351VIB File crust be FCF a KVR Comments A complete PCN package is attached. Signature * W 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: Heath Caldwell Signature Date 6/28/2021 D# * 20210256 Version* 1 Regional Office * Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 2/4/2021 Contact Name* Daniel Kuefler Contact Email Address* daniel.kuefler@wetlands-epg.com Project Name* Stanley Lucia Project Owner* Meritage Homes of the Carolinas, Inc Project County* Gaston Owner Address: Street Address 13925 Ballantyne Corporate Place Address Line 2 Suite 300 aty State / Province / Region Charlotte NC Postal / Zip axle Country 28277 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification Regular Express * Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below.* The forthcoming PCN will include a request for a Nationwide Permit 29 associated with one road crossing for the proposed Stanley Lucia site on 86.5 acres northeast of Charles Raper Jones Highway 27, just south of Old Mount Holly Road in Stanley, Gaston County, NC. There are five streams and eight wetlands on the site. Please give a couple of dates you are available for a meeting. 3/4/2021 Please attach the documentation you would like to have the meeting about. 2021-0203 - Stanley Lucia Rd - Overall 4.67MB Exhibit.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 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 Submittal Date 2/4/2021 D# * 20210256 Version* 1 Regional Office * Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 2/4/2021 Contact Name* Daniel Kuefler Contact Email Address* daniel.kuefler@wetlands-epg.com Project Name* Stanley Lucia Project Owner* Meritage Homes of the Carolinas, Inc Project County* Gaston Owner Address: Street Address 13925 Ballantyne Corporate Place Address Line 2 Suite 300 aty State / Province / Region Charlotte NC Postal / Zip axle Country 28277 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification Regular Express * Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below.* The forthcoming PCN will include a request for a Nationwide Permit 29 associated with one road crossing for the proposed Stanley Lucia site on 86.5 acres northeast of Charles Raper Jones Highway 27, just south of Old Mount Holly Road in Stanley, Gaston County, NC. There are five streams and eight wetlands on the site. Please give a couple of dates you are available for a meeting. 3/4/2021 Please attach the documentation you would like to have the meeting about. 2021-0203 - Stanley Lucia Rd - Overall 4.67MB Exhibit.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 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 Submittal Date 2/4/2021 WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 20'20 - 01916 BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Stanley Lucia site 2. Work Type: Private Fv_1 Institutional ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Assign Action ID Number in ORM ❑ Government ❑ Commercial ❑ Request for NWP 29 for a residential development with one road crossing 4. Property Owner / Applicant [PCN Form A3 or A4]: Tim Sheehy (applicant) 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: Northeast of Charles Raper Jonas Highway 27, just south of Old Mount Holly Road in Gaston County, North Carolina 8. Project Location -Tax Parcel ID [PCN Form 131a]: multiple parcels, see attached parcel map 9. Project Location —County [PCN Form A2b]: Gaston 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Stanley 11. Project Information — Nearest Waterbody [PCN Form 132a]: South Stanley Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba/03050101 Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required C aIU-To Wks] 11[4111 % Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. June 28, 2021 Ms. Krysta Stygar U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subiect: SAW-2020-01916; Pre -Construction Notification for NWP 429 for the Stanley Lucia Site, Stanley, Gaston County, North Carolina Ms. Stygar and Messrs. Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Stanley Lucia site located on 86.5 acres northeast of Charles Raper Jones Highway 27, just south of Old Mount Holly Road in Stanley, Gaston County, North Carolina. The site is a proposed residential development and consists of five streams and seven wetlands. A Preliminary Jurisdictional Determination Request was submitted for the proposed project and was authorized December 12, 2020. Please refer to the Jurisdictional Determination Information and Approvals sections for updated information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to one stream and one wetland for road crossing access. Overall impacts to site surface waters Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 1 len. ri ndner@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed lots and access routes. It was not possible to minimize impacts further due to site layout and connectivity requirements. Total permanent impacts proposed include 94 linear feet of permanent impacts to one stream (South Prong Stanley Creek) and 0.05 acres of permanent impacts to wetlands (Wetland BW) for road crossing access. Additional temporary impacts to streams are required for utility installation. These temporary impacts will be restored to pre-existing conditions, as noted on the exhibits. Please refer to the Avoidance and Minimization narrative and the attached exhibits for additional information. The applicant has demonstrated substantial avoidance and minimization efforts in which 87% of the 0.3812 acres of onsite wetlands and 93% of the 3,049 linear feet onsite streams will be avoided. No mitigation is proposed due to the project's limited impacts to site surface waters. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (704) 999-5279 or email at heath. caldwell&wetlands-epg.com. Sincerely, Heath Caldwell Len Rindner, PWS Environmental Scientist Principal Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Stanley Lucia 2b. County: Gaston 2c. Nearest municipality / town: Stanley 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Craig Realty 3b. Deed Book and Page No. 1264/0234 3c. Responsible Party (for LLC if applicable): David Craig 3d. Street address: P.O. Box 550 3e. City, state, zip: Stanley, NC 28164 3f. Telephone no.: (704)822-5101 3g. Fax no.: 3h. Email address: dreraig12@gmail.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Developer 4b. Name: Tim Sheehy 4c. Business name (if applicable): Meritage Homes of the Carolinas, Inc 4d. Street address: 13925 Ballantyne Corporate Place, Suite 300 4e. City, state, zip: Charlotte, NC 28277 4f. Telephone no.: (704)944-8946 4g. Fax no.: 4h. Email address: tim.sheehy@meritagehomes.com 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath. caldweII@wetlands-epg.ccm Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 175763, 175761, 175734, 175764 1 b. Site coordinates (in decimal degrees): Latitude: 35.3497 Longitude:-81.0809 1c. Property size: 86.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: South Stanley Creek 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Catawba/03050101 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is located northeast of Charles Raper Jonas Highway 27, and just south of Old Mount Holly Road in Gaston County, NC. The topography consists of moderate slopes and drainages grading into the headwaters of South Stanley Creek, with elevation ranging from 770 to 810 ft. The entire site is wooded; there is a mix of disturbed pines and hardwoods on the upper slopes and the lower slopes/stream corridors are mixed hardwood. 3b. List the total estimated acreage of all existing wetlands on the property: 0.384 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,049 3d. Explain the purpose of the proposed project: The proposed project consists of one road crossing and open cuts for utility installation. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2020-01916 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by K. Stygar (USAGE) on 12/22/20. A copy of the signed JD approval is included in the Approvals section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Fill Hardwood Flat Yes Corps 0.05 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.05 2h. Comments: W1- Wetland BW for grading due to roadway 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Culvert South Stanley Creek PER Corps 9 94 S2 T Access South Stanley Creek PER Corps 12 15 S3 T Excavation South Stanley Creek PER Corps 18 51 S4 T Excavation South Stanley Creek PER Corps 11 67 S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 227 3i. Comments: S1- 0.02 AC total. Includes 20' rip rap apron and retaining wall S2- Temporary access S3- For utility installation. Includes area from pump inlet to discharge S4- For utility installation. Includes area from pump inlet to discharge Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The applicant has demonstrated substantial avoidance and minimization efforts in which 87% of the 0.384 acres of onsite wetlands and 93% of the 3,049 linear feet onsite streams will be avoided. No mitigation is proposed due to the project's limited impacts to site surface waters. Open - cut installation of utilities was preferred to limit impacts to stream buffers due to steep topography. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, buffers, 2:1 slopes, and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 32 7 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Gaston County but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Gaston County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Gaston County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases proposed 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. The report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region 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 ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ There are no NRHP-listed properties or other historic resources recorded in the project area. Please refer to the attached Cultural Resources Report. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://gis.gastongov.com/Map/Default.aspx Heath Caldwell /, / lr k/l 06-28-2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Old Mt. Holly Road - Craig Site Property Address: Old Mt. Holly Road between Springwood Ln & Old NC 27 HWY, Gaston Cis Parcel Identification Number (PIN): multiple parcels, please see attached Parcel Map Select one: I am an interested buyer/seller Name: Tim Sheehy Company: Meritage Homes of the Carolina's, Inc. Mailing Address: 13925 Ballantyne Corporate Place, Suite 300 Charlotte, N.C. 28277 Telephone Number: 704.944.8946 Electronic Mail Address: Tim.Sheehy@MeritageHomes.com Property Owner / Interest Buyer* / Other" /0 Ds. Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the currentproperty owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len. rind ner@wetiands-epg.com ►0 Maps/Plans 321 1so 2� Iron Station 6 d 73 Lowesville High Shoals Alex'os Lucia Harding r 321 16 z2s Stanley Ashehrook z73 Park SITE wlovurA 7 si.Arvr Dallas Spencer 275 Mountain l7as Mt Holly z7 279 1959 4ry a Stanley CI-0 er C'rty Panto I j74 Lowell 273 Woodtor �e Gastonia MrAdpny 11P. Green s sr United States �a Postal Service f BI-LO 4 a 791a III/a Burger King 10 op 791& Q aksr Stanley Total 7973 I. i,. L, k; Living Center Wilson gr Bajangles' Tam-15 Chicken PROJECT BOUNDARY Queen City h, John's Pizza � '"'ey STUDY LIMITS Waterproofing n �°�ri ! Rd eld v General 1 E Johnston �90 1P DOI 2z ? Sr 00 n Nf 0- Generalstonewallv� �JacrrsonSt � Crown 0 'bNo?> Sr S sen P G 8eaurepard St % m so o villas rkp/, nlelr Creek c Pennsylvania Steel Co NC Dsm Desotech Inc - - ground Sun Terrace 4 Casual Furniture €l19h{1iGVHni Stanley Storage Center Kingdom Hall of Jehovah's Witnesses Acres: STANLEY LUCIA SITE Prepared for: +/- 86.50 Gaston Co., NC MERITAGE HOMES FIGURE W is. 1 VICINITY MAP Drawn By: Reviewed By: 9/22/20 Subject to USACE/NCDEQ verification BLK ALL I PROJECT BOUNDARY STUDY LIMITS PARCEL:175761 CRAIG REALTY PO BOX 550 STANLEY, NC 28164 PARCEL:175734 CRAIG REALTY PO BOX 550 STANLEY, NC 28164 Acres: +/- 86.50 FIGURE 2 9122120 STANLEY LUCIA SITE Gaston Co., NC PARCEL MAP Subject to USACE/NCDEQ verification PARCEL:175763 CRAIG REALTY PO BOX 550 STANLEY, NC 28164 YHKLLL:1/3/04 CRAIG REALTY PO BOX 550 STANLEY, NC 28164 Prepared for: MERITAGE HOMES Drawn By: Reviewed By: BLK I ALL Al Is00 Sal+ Wetlands and Environmental Planning Group Leonard S- Rindner, PLLC- len.rindner@wetiands-epg.com (704) 904-2277 www.wetiands-epg.com r PROJECT BOUNDARY STUDY LIMITS 1 .r t op SOUTH STANLEY CREEK �e I er i f � r LOCATION Lat: 35.3497 N Long:-81.0809 W ' HUC: 03050101 SCALE USGS QUAD UPPER CATAWBA 1:24,000 Mt Holly, NC J� Acres: STANLEY LUCIA SITE Prepared for: + - 86.50 MERITAGE HOMES � Gaston Co., NC _ FIGURE J 49122120 USGS MAP Drawn By: Reviewed Subject to USACE/NCDEQ verification BLK ALL,,� .,. x I rfb 1-7 •' Ceti �■ ■ PROJECT BOUNDARY STUDY LIMITS _i Cfedew S P4 NeG Ce k r_k - -- N Map Unit Symbol Map Unit Name Acres in AOi 24-6 Percent of A01 28-5 CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded CeD2 Cecil sandy clay loam, 8 to 15 27-3 31-51' percent slopes, moderately eroded CfB CeciWrban land complex. 2 to 11.7 13.5 8 percent slopes ChA Chewacla loam, 0 to 2 percent 49 5.7% slopes, frequently flooded PaE Pacolet sandy loam, 15 to 25 10.8 12.5% percent slopes VaB Vance sandy loam, 2 to 8 7.2 8.3% percent slopes Totals for Area of Interest 86.4 100.0% Acres: STANLEY LUCIA SITE Prepared for: +/- 86.50 Gaston Co., NC MERITAGE HOMES FIGURE SOIL MANUSCRIPT S Drawn By : Reviewed By : 9/22/20 Subject to USACE/NCDEQ verification BLK ALL _ ,..,. �26 Z$ 9 0 j �7 8 19 4 �c rtia $*2 NO FEMA FLOODPLAIN b — AS PER GASTON COUNTY ONLINE GIS MAPS 800 f~ PROJECT BOUNDARY )�8. 6 STUDY LIMITS O � a 3 � V n 4b 832 �� 630 a 826 :f - , 1 7 s6 1 N G ig� 70 Acres: STANLEY LUCIA SITE Prepared for: +/- 86.50 Gaston Co., NC MERITAGE HOMES FIGURE 6 Drawn By: Reviewed By: 9/22/20 FLOODPLAIN MAP gLK ALL - Subject to USACE/NCDEQ verification �'I ' O w UO r N 3 I I r / �� x / 6 O W NW 3 J Q Z O� O U) • �F, W O z~ PO oyyP � d J L.L. 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UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKRLL AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS DISTURBED SURFACES 2. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATION, GRASS DISTURBED AREAS (SEED. FERTILIZER k STRAW MULCH) STREAM BANK, TOP OF BANK AND DISTURBED AREAS UPLAND OF STREAM 3. INSTALL COIR FIBER NET/MAT STARTING MINIMUM 12' BELOW WATER SURFACE ELEVATION AND EXTENDING A MINIMUM 5 BEYOND TOP OF BANK. MINIMUM SPECIFICATIONS FOR COIR FIBER NET/MAT AS FOLLOWS: — MIN. THICKNESS OF 0.30 INCHES — 100% COCONUT FIBER AND WOVEN INTO TONE — AVG. WEIGHT OF 20 OUNCES/SQ. YD. 4. COIR FIBER NET/MAT SHALL BE SECURELY HELD IN PLACE WITH USE OF WOODEN STAKED AND WIRE STAPLES (AS NEEDED) 5. INSTALL LIVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING 2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR ADDITIONAL REQUIREMENTS. 6. INSTALL SILT FENCE W/1WRE REINFORCEMENT ALONG TOP OF BANK (ADJACENT TO END OF COIR FIBER NET/MAT) FOR WIDTH OF DISTURBED SOILS WATER SURFACE ELEVATION COIR FIBER NET/MAT GRASS (SM, MULCH do FERTILIZE) — REMAINING DISTURBED STREAM BANK AREAS INCLUDING TOPS OF BANK (UNDER COIR NET/MAT) LIVE STAKE (WLLOWS OR — SPECIES APPROVED BY COW/DHEC) FOR FIRST 24' ABOVE NORMAL WATER SURFACE ELEVATION 24'3 12't LIVE STAKES SHALL BE APPROXIMATELY 24'IN LENGTH 2. LIVE STAKES SHALL BE 0.5'-1.5' IN DIAMETER AT THE TIME OF PLANTING ]. LIVE STAKES SHALL BE BLACK WALLOW OR SPECIES SPECIFIED BY COE/DH£C OR CONSULTANT I1. i. SPECIES SHALLBE DpiMANT AT THE TIME OF ACQUISITIONAND PLANTING AND LOCALLY GROWI/HARVESTEOS. LIVE STAKES SHALL BE SPACED Y D.C. 6. LIVE STAKES SHALL BE PLANTED A MINIMUM OF 18' IN N DEPTH VATH NO MORE THAN 4'-8' OF STAKE EXPOSED EXTEND COIR FIBER MAT W BEYOND TOP OF BANK 1-I I i ;- I EXTEND COIR FIBER NET/MAT 4 1 k l 12' BELOW WATER SURFACE ELEVATION STREAM BANK STABILIZATION - LIVE STAKE TYPICAL DETAIL — N.T.S. 5 ❑ 2.5 5 10 VERTICAL GRAPHIC SCALE ( IN FE>r'1' ) 20 ❑ 10 20 40 HORIZONTAL GRAPHIC SCALE ( IN FEET ) INSTALL SILT FENCE REINFORCED WITH HOG WIRE AT TOP OF BANK (EDGE OF CDIR FIBER NET/MAT) LARGE ROC[ (SNOT OR IMPORT) MAY BE USED TO REFORM STREAM BANK (STACKED), 16' OF SOIL SHALL COVER STREAM SIDE FACE OF ROCK STACK. (USE OF ROCK TO ANCHOR BANK IS OPTIONAL) O .4—j c� .E v v we jurisdictional Determination Information J WETLAND Dr }` -0.14 AC LD ate. WETLAND F/FF WETLAND K -0.006 AC -0.01 AC ? USACE WETDATA i - FORM D WETLAND BW '� lF -0.05 AC J, = A 3 INTERMITTENT STREAM C r S 6 ` SOUTH PRONG -263 LF �s STANLEY CREEK F 1 i USACE °° -2,054 LF 1f UPLAND DPI 4 i l ` ti NCDEQ WETLAND - _ STREAM-0.0002 AC NCDEQ FORM B r�; ` STREAM 2 F WETLAND H -0.17 AC IF Y' 1 PERENNIAL h 5 STREAM B -125 LF - WETLAND AA - -0.005 AC f INTERMITTENT STREAM KS try r-� -96 LF INTERMITTENT STREAM A ` -511LF �{ W777 USACE VERIFICATION 12/15/20 2 Acres: Stanley Lucia Prepared for: +/- 86.5 Gaston County, NC MERITAGE HOMES FIGURE 7 1017120 DELINEATION MAP Drawn By: Reviewed By: UPDATED Subject to USACE/NCDEQ verification NRN ALL 6118121 a- J i O Q v oC 22 Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For Stanley Lucia Road — C.R. Jonas Highway Gaston County, North Carolina By: Lisa R. Gaffney Biologist Field investigation conducted during the weeks of January 10, and February 24, 2020; and May 10, 2021. Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m www.wetiands-epg.co m Asheviile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Stanley Lucia Road - CR Jonas Highway Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Stanley Lucia Road-CR Jonas Highway site (+/-118 acres) is located just northeast of Charles Raper Jonas Highway 27, and just south of Old Mount Holly Road in Gaston County, North Carolina. It can be found on the Mt. Holly, NC USGS Topographic Quadrangle Map; latitude is 35.3497 N, longitude is-81.0809 W. The topography consists of moderate slopes and drainages grading into the headwaters of South Stanley Creek, with the elevation ranging from 770 to 810 ft. (Figure 1). The entire site is wooded; there is a mix of disturbed pines and hardwoods on the upper slopes, and the lower slopes and stream corridors are dominated by a mixed hardwood forest community. Figure 1: r PRUECL BOUNDARY STUDY OMITS 19 _ � r top■ f{ r 4 . L ST0.NLEY 5EY CREEK LOCATION fr{ Lat: 35.3497 N fl Lang:-81.OW9 W HUC:03050101 SCALE USGS QUAI UPPERCATAWBA 124,000 Mt Holly, NC r r STANLEY LUCL4SrfE Preparedfor: Gaston Co., NC MiRr7AGE HCIME5 FIGURE 1 U535 rd" Dr BY Remwed &Y: °ecrmusxFlrxaEq erconon ELK ALL Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Stanley Lucia Road - CR Jonas Highway Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website htti)://www.fws.gov/endangered/ was referenced to determine the occurrence of Threatened, Endangered and Protected species for Gaston County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the weeks of January 10, 2020 and February 24, 2020, and May 10, 2021. Table 1: Threatened / Endangered / Protected Species listed for Gaston County *Source: US Fish & Wildlife Service **Data search on January 10, 2020 *updated May 10, 2021 Flowering Plants Dwarf -flowered heartleaf Threatened (Hexastylis naniflora) Flowering Plants Schweinitz's sunflower Endangered (Helianthus schweinitzii) Reptiles Boq turtle (Glyptemys Similarity of muhlenber.gii) Appearance (Threatened) Mammals Northern Long- Eared Bat Threatened (Myotis septentrionalis) Birds Bald Eagle (Haliaeetus Protected under the leucocephalus) Bald and Golden Eagle Protection Act 3 Wetlands and Environmental Planning Group Stanley Lucia Road - CR Jonas Highway Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Gaston County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Dwarf -flowered Heartleaf (Hexastylis nanif/ora), listed as Federally Threatened, is only found in the upper Piedmont of North and South Carolina. It grows in acidic soils along bluffs and adjacent slopes, often in association with Mountain Laurel. Three animal species with federal protection are listed as potentially occurring in Gaston County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Bog Turtle (Glyptemys muhlenburgii), Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. • Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. WEPG#00677 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Stanley Lucia Road - CR Jonas Highway Threatened /Endangered /Protected Species Evaluation RESULTS: The entire site is wooded; there is a disturbed mixed pine dominated forest on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwood forest community. Canopy trees include Loblolly Pine (Pinus taeda), Shortleaf Pine (P. echinata), Virginia Pine (P. virginiana), White Oak (Quercus alba), Black Oak (Q. velutina), Southern Red Oak (Q. falcata), Northern Red Oak (Q. rubra), Rock Chestnut Oak (Q. Prinus), Willow Oak (Q. phellos), Post Oak (Q. stellata), Mockernut Hickory (C. tomentosa), Pignut Hickory (C. glabra), Shagbark Hickory (Carya ovata), Sweetgum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), and Sycamore (Platanus occidentalis). The subcanopy contains Sourwood (Oxydendrum arboreum), Umbrella Tree (Magnolia tripetela), American Beech (Fagus grandifolia), Ironwood (Carpinus caroliniana), American Holly (Ilex opaca), Red Maple (Acer rubrum), Eastern Red Cedar (Juniperus virginiana), Flowering Dogwood (Corpus florida), Hackberry (Celtis laevigata), Redbud (Cercis canadensis), Silverbell (Halesia caroling), Red Mulberry (Morus rubra), Black Gum (Nyssa sylvatica), Winged Elm (Ulmus alata), and Black Cherry (Prunus serotina). The shrub layer includes Spicebush (Lindera benzoin), Autumn Olive (Elaeagnus umbellate), Paw Paw (Asimina triloba) and Chinese Privet (Ligustrum sinense). Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). English Ivy (Hedera helix) is invasive on the site with large areas of ground cover also climbing the trees. The herb layer is sparse on the drier uplands and slopes, becoming denser on the lower slopes and creek corridors, and includes Christmas Fern (Polystichum acrostichoides), Crane -fly Orchid (Tipularia discolor), Spotted Wintergreen (Chimaphila maculata), Trout Lily (Erythronium americanum), River Oats (Chasmanthium latifolium), and Japanese Stiltgrass (Microstegium vimineum). The roadsides along CR Jonas Highway 27 and Old Mount Holly Road have turf grass shoulders and ditches, along with patches of narrow weedy buffers along the tree lines, with much of the area having been mowed. Fescue (Festuca sp.), and Broomsedge (Andropogon virginicus) dominate. The transitional species include Blackberry (Rubus sp.), Sericea Lespedeza (Lespedeza cuneata), Goldenrod (Solidago sp.), Ragweed (Ambrosia sp.), Wingstem (Verbesina sp.), and Dogfennel (Eupatorium capillifolium). WEPG#00677 Wetlands and Environmental Planning Group Stanley Lucia Road - CR Jonas Highway Threatened /Endangered /Protected Species Evaluation Threatened / Endangered / Protected Species Results • The wooded slopes and drainages were investigated for Dwarf -flowered Heartleaf, and no individuals of this species and no plants of the genus Hexastylis were observed. WEPG concludes Dwarf Flowered Heartleaf (Hexastylis nanif/ora) does not occur on the site. • All potential habitats for Schweinitz's Sunflower along the roadsides and woods edges were examined and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • The site has no suitable habitat for Bog Turtles. No individuals were observed during the survey nor would any be expected on -site. WEPG concludes Bog Turtle (Clemmys muhlenbergii) does not occur on the site. • No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. WEPG concludes Bald Eagle (Haliaeetus leucocephalus) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http-//www.fws.gov/asheville/htm Is/project_review/N LE B_in_WNC. htm I) WEPG concludes the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist March 5, 2020 May 10, 2021 6 Wetlands and Environmental Planning Group Stanley Lucia Road - CR Jonas Highway Threatened /Endangered /Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. Wetlands and Environmental Planning Group 7 Leonard S. Rindner, PLLC. U Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 March 26, 2020 Mr. Heath Caldwell Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Reconnaissance Survey Stanley Lucia Road - C.R. Jonas Highway Development Site Gaston County, North Carolina R.S. Webb & Associates No. 20-649-119 Dear Mr. Caldwell: BACKGROUND During March 2020, R.S. Webb & Associates (RSWA) conducted a cultural resources literature search for the Stanley Lucia Road-C.R. Jonas Highway development site near Stanley, Gaston County, North Carolina (Figure 1). A "cultural resource" is defined as a discrete area of human activity that is more than 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, historic landscape features, and other features that have resulted from historic human activity. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area. A secondary goal was to generally assess land use history and potential post -depositional effects on cultural resources. METHODOLOGY Literature and Records Search: Archival sources and background data on the project area were gathered from the following repositories: • The North Carolina Historic Preservation Office (SHPO) GIS Web Service (HPOWEB found at http://gis.ncdcr.gov/hpoweb/) • North Carolina Office of State Archeology (OSA), Raleigh, North Carolina • North Carolina Maps Project, found at http://www2.lib.unc.edu/dc/ncmaps/ • Historic aerial photographs found at the State Archives ofNorth Carolina and at http://www. historicaerials.com/ Records at the OSA were examined, including official files and maps, followed by a review of the pertinent site forms, and manuscript/report files. The North Carolina Historic Preservation Office's GIS database (HPOWEB) was used to identify relevant NRHP-listed properties and state -recognized historic resources in the study vicinity. Historic aerial photographs were reviewed at the State Archives of North Carolina and online at historicaerials.com. Historic county maps were viewed through North Carolina Maps, a collaboration of the University ofNorth Carolina, the State Archives of North Carolina, and the Outer Banks History Center. Findings - Cultural Resources Literature Review, Stanley Lucia Road-CR Jonas Highway Tract Page 2 March 26, 2020 The following pertinent sources were examined to search for historic resources within and adjacent to the project area: • 1909 USDA Soil Map, Gaston County Sheet • 1914 and 1916 Gastonia, NC 15-minute quadrangles • 1931 Industrial and Farm Map of Gaston County • 1930,1958 and 1969 State Highway and Public Works Commission Maps of Gaston County • 1938, 1956 and 1969 aerial photographs of Gaston County • 1970 Mount Holly, NC 7.5-minute quadrangle RESULTS Previous Archeological Investigations: Review of the current OSA digital and hard -copy databases indicates that at least ten cultural resources management project areas (i.e., bounded areas on official OSA hard -copy maps) are located within 1.0 kilometer (km) of the project area. One of these is relevant to the current study. A survey of proposed water line corridors located adjacent to the north study area boundary and near the south boundary resulted in the identification of one archeological site located approximately 300 m southwest of the project area (Cooper 1979) (Figure 1). Previous Architectural Investigations: According to NCSHPO personnel, all recognized historic resources in North Carolina are found in the North Carolina HPOWEB online database. National Register of Historic Places: A review of NRHP files and maps indicates that there are no NRHP-listed cultural resources located within 1.6 km of the project tract. State Recognized/Study List Resources: There are no state-recognized/study list properties within 1.0 km of the prof ect area. The closest resource in this category is the Stanley Mill study list district, a state study list site located approximately 1.5 km and more northwest of the current study tract (Figure 1). Known/Recorded Archeological Sites: OSA maps revealed that there are two recorded archeological sites located within 1.6 km of the project area. The closest of theses sites, 31GS327, is located approximately 300 m southwest of the project area (Figure 1). This site is a prehistoric lithic scatter considered ineligible for the NRHP. Gaston County Historic Structure Survey: According to the HPOWEB database of recorded historic properties, there are at least nine recorded historic properties located within 1.6 km of the project area boundaries. Theses resources are all located along Dallas -Stanley Highway/South Main Street, from 0.9 km west to 1.4 km southwest and northwest of the study tract. The closest historic resource to the study tract is GS0312/McKeown House, located approximately 830 m northwest ofthe project area (Figure 1). This property has an unknown NRHP eligibility status. Revolutionary War Actions/Features: The British made forays into east and central North Carolina in 1776, but no associated actions occurred in or near Stanley or the project area. In 1780-81, the British initiated a Southern Campaign, hoping to leverage a lightly defended region and to gain support within what was perceived to be a Loyalist stronghold. Following victory at Charleston, South Carolina in early 1780, the British moved into the Waxhaws region and advanced on the town Findings - Cultural Resources Literature Review, Stanley Lucia Road-CR Jonas Highway Tract Page 3 March 26, 2020 of Charlotte. Their tenuous victory at Charlotte (September 26, 1780) and an inability to communicate with subordinates by courier (as they were captured or killed by American militia) led British Lord Cornwallis to characterize the area as a "hornet's nest" of rebellion. The left wing of Cornwallis' army was defeated about 25 km southwest of the project area at King's Mountain on October 7, 1780. After a brief occupation of Charlotte, the British retreated to the area of Fort Mill, South Carolina, 40 km southeast of the project area. Following the defeat of their cavalry at Hannah's Cowpens (73 km southwest of the project area) the British turned their attention to the destruction of the American Continental Army, which was moving eastward to rendezvous and resupply at Salisbury, North Carolina. In this endeavor, the British bypassed the Charlotte region and the project area to the west and north; they crossed the Catawba River about 15 km northeast of the project area and skirmished with the Americans at Cowan's Ford on February 1, 1781. The skirmish at Cowan's Ford had little effect on British momentum and their pursuit of the American army ended at the Battle of Guilford Courthouse (Greensboro) on March 15, 1781 (Cross 2006). Civil WarActions/Features: As during the Revolutionary War, military action in North Carolina was limited in the early stages to the east part of the state, particularly along the North Carolina coast. After the state of Georgia fell in the fall and winter of 1864, General Sherman's Union troops marched to Columbia, South Carolina, then to the vicinity of Lancaster County, South Carolina (Davis et al. 1983). According to historic maps, participant memoirs and written secondary histories, the main body of Sherman's troops turned northeast from Lancaster County, South Carolina to the vicinity of Wadesborough, North Carolina. U.S. cavalry under General Stoneman continued northward through Gaston County to Lincolnton, where maps indicate that they "fanned out" and moved eastward to make several crossings of the Catawba River north of Charlotte. Scouting, foraging, bivouacking and raiding of iron furnaces or other industrial targets located west and northwest of Charlotte could have occurred; however, no military engagements are known to have taken place in or near the project area. Historic Cemeteries: Historic and modern maps reviewed show no cemeteries located within 500 m of the project area. Structures or Features on Historic Maps and Aerial Photographs: The 1909 Gaston County USDA soil map shows the intersections of Old Mount Holly Road with Dallas Road and Morris Farm Road, northwest of the study tract, and the intersection of Old Mount Holly Road and Old NC 27 Highway northeast of the project area. The map also shows the Seaboard Air Line Railway running along and near the southern project area boundary; the map does not depict either the current C.R. Jonas Highway or a precursor. Structures on the 1909 map are located along primary routes north, northwest and northeast of the study tract, with no structures being within the project area in 1909 (Figure 1). Quadrangle maps produced in 1914 and 1916 do not show the C.R. Jonas Highway corridor, but they do show a road passing west to east through the south part of the project area to a structure apparently located beyond the study tract to the east. These maps also show a road leading southward from Old Mount Holly Road to a structure located in the northern part of project area (Figure 1). The 1930 Department of Transportation map of Gaston County does not show individual Findings - Cultural Resources Literature Review, Stanley Lucia Road-CR Jonas Highway Tract Page 4 March 26, 2020 structures, but the course of C.R. Jonas Highway or its antecedent is present by that time. The 1936 and 1968 county highway maps show increasing occupation around the project tract, particularly to the northeast along the south side of Old North Carolina Highway 27. Structures were also present along either side of the C.R. Jonas Highway corridor, but no structures appear to have been within the project area during that time period (Figure 1). The 1970 Mount Holly quadrangle shows road and structures located at or near the southwest project area boundary, but no such features are within the project area. Aerial photographs taken in 1938 show the C.R. Jonas Highway corridor and a structure in the north part of the study area. The road across the south part of the study area appears to have been truncated and redirected into the study area; it is unclear if the structure formerly located along that road was still present in 193 8. The 193 8 photographs show that a portion of the study area north of a bisecting creek and areas near the southwest project area boundary were under cultivation. The southern and southeastern sections of the study tract were largely in mature woods. Aerial photographs from 1956 indicate that cultivation in the study area has ceased, and formerly cultivated areas were in pasture with sparse new -growth woods. Areas that were wooded in 1938 were more heavily wooded in 1956. The structure in the north part of the project area may have been present in 1956. A series of aerials taken in 1969 show general maturation of woodlands across formerly cultivated lands within the project area; however, woodlands in the southeastern part of the study tract appear to have been harvested. Near the site of the structure in the northern part of the project was an area devoid of trees; this suggests that the house previously noted here may have been present in 1969. Ridge Drive, Weathers Drive and five structures appeared near the southwest study area boundary by 1969 (Figure 1). SUMMARY There are no NRHP-listed properties or other historic resources recorded in the project area. Likewise, no recorded archeological sites are known to be in the project area. The closest recorded cultural resource is archeological site 31GS327, located approximately 300 m southwest of the project tract. Historic maps and aerial photographs indicate that a structure was present in the north part of the study area from circa 1915 to perhaps post-1968. CLOSING COMMENTS Mr. Caldwell, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB & ASSOCIATES A %6 � rl Robert S. (Steve) Webb President and Senior Principal Archeologist Attachment: Figure 1 Findings - Cultural Resources Literature Review, Stanley Lucia Road-CR Jonas Highway Tract Page 5 March 26, 2020 REFERENCES Cooper, P.P. 1979 Archeological Resources Field Survey of Certain Portions of the Dallas -Lowell 201 Facilities in Ranlo, Dallas, and Stanley, Gaston County, North Carolina. Catawba College Museum of Anthropology. Salisbury, North Carolina. Cross, J.L. 2006 "Battle of Cowan's Ford". NCPedia. Internet -Online. Fount at: http://ncpedia.org/ cowans-ford-battle. Accessed 2 May 2016. Davis, G.B., L.J. Perry, and J.W. Kirkley, compiled by C.D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. W 813 y ♦ Structure on Historic Maps and Aerial Photographs ■ Recorded Historic Resource • Recorded Archeological Site Map Reference: 7.5-Minute USGS Quadrangle Mount Holly (1993), NC )r — Previous Cultural Resource Project — Road on Historic Maps and Aerial Photographs Scale 0 610 meters 0 2000 feet Figure 1 Project Area and Cultural Resources Location Map N O .4--J 05 N .7 O s I El Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01916 County: Gaston U.S.G.S. Quad: NC- Mount Holly NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Meritage Homes of the Carolinas, Inc Tim Sheehy Address: 13925 Ballantvne Corporate Place Suite 300 Charlotte, NC 28277 Telephone Number: (704) 944-8946 E-mail: tim.sheehY(&nicritagehomes.com Size (acres) 86.5 Nearest Town Stanley Nearest Waterway South Stanlev Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.3497 Longitude:-81.0809 Location description: Parcels are located northeast of Charles Raper Jones Highway 27, just South of Old Mount Holly Road in Stanley, Gaston County, North Carolina. Proiect can be identified by PINS: 175763, 175764, 198561, 175735,175761 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 12/15/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, 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 wetlandson 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 SAW-2020-01916 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 (252) 808-2808 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 Krvstvnka B Stvgar at 252-545-0507 or krvstvnka.b. stvgar(&usace. army.mil. C. Basis For Determination: Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the proiect area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional determination form dated 12/22/2020 included in this file. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 12/22/2020 Expiration Date of JD: Not applicable SAW-2020-01916 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=13 6:4: 0 Copy furnished: Agent: Wetlands and Environmental Planning Grout) Daniel Kuefler Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: (336) 944-8946 E-mail: Daniel.kuefler(&wctlands-ct)g.com Property Owner: Craig Realty David Craig Address: P.O. Box 550 Stanley, NC 28164 Telephone Number: (704) 822-5101 E-mail: dreraig l2O j!m ail.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Meritage Homes of the Carolinas, Inc, Tim File Number: SAW-2020-01916 Date: 12/22/2020 Sheehy 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 ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug latoiyProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. II - REQUEST FOR APP L or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Krystynka B Stygar CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 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 opportum 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: Krystynka B Stygar, 8430 University Executive park Drive, Suite 615, Charlotte, NC 28262 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/02/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Meritage Homes of the Carolinas, Inc, Tim Sheehy, 13925 Ballantyne Corporate Place Suite 300, Charlotte, NC 28277 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stanley Lucia Site, SAW- 2020-01916 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Parcels are located northeast of Charles Raper Jones Highway 27, just South of Old Mount Holly Road in Stanley, Gaston County, North Carolina. Project can be identified by PINS: 175763, 175764, 198561, 175735,175761 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Stanley Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3497 Longitude:-81.0809 Universal Transverse Mercator: Name of nearest waterbody: South Stanley Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 12/15/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Stream A 35.3463 -81.0804 700 LF Non -wetland Section 404 waters Wetland AA 35.34663 -81.0813 0.01 acre Wetland Section 404 Stream B 35.3468 -81.0797 250 LF Non -wetland Section 404 waters Wetland BW 35.3507 -81.0821 0.05 Acre Wetland Section 404 Stream C 35.3501 -81.0818 200 LF Non -wetland Section 404 waters Wetland D 35.3497 -81.0802 0.4 acre Wetland Section 404 Stream E 35.3491 -81.0789 325 LF Non -wetland Section 404 waters Wetland F 35.3493 -81.0789 0.15 acre Wetland Section 404 Wetland H 35.3469 -81.0797 0.10 acre Wetland Section 404 Wetland 1 35.3461 -81.0799 0.04 acre Wetland Section 404 Wetland K 35.3510 -81.0820 0.05 acre Wetland Section 404 Stream KS 35.3465 -81.0809 60 LF Non -wetland Section 404 waters South Prong 35.3498 81.0806 1600 LF Non -wetland Section 404 Stanly Creek waters 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. 1. 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 AID 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 AID 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 AID 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 orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: N Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Wetland and Environmental Planning group for Meritage Homes N Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: N Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report Rationale: ❑ Data sheets prepared by the ❑Corps navigable waters' study: ❑ U. S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: N U.S. Geological Survey map(s). Cite scale & quad name: Figure 3 (9/22/2020) ❑Natural Resources Conservation Service Soil Survey. Citation: Figure 4 (9/22/2020) ❑ National wetlands inventory map(s). Citename: ❑ State/local wetland inventory map(s): N FEMA/FIRM maps: Figure 5. (9/22/20) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) N Photographs: N Aerial (Name & Date): Figure 2 (9/22/2020) or ❑ Other (Name & Date): El Previous determination(s). File no. and date of response letter: ® Other information (please specify): Vicinity Map Fig 1 (9/22/2020) DWR Stream Eval. ( 10/7/2020) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory staff member completing PJD 12/22/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. WETLAND D # -0.40 AC I ! WETLAND K -0.05 AC k m - WETLAND BW '� lF -0.05 AC o i LJL WETLAND F/FFLD -0.15 AC d USACE �fJ WET f DATA x' FORM D r INTERMITTENT STREAM E 6 -325 LF SOUTH PRONG STANLEY CREEK ! i usacE °° rWWETLAND UPLAND DPl 4 i l ` f ti NCDEQ k N. - _ STREAM -0,04 AC NCDEQ FORM B - r�; ` STREAM 2 f F WETLAND H i -f.. -0.20 AC FORM A } .. PERENNIAL 5 STREAM B ` -250 LF - WETLAND AA -0.01 AC ,x INTERMITTENT STREAM KS -60 LF INTERMITTENT STREAM A 1� -700 LF R USACE VERIFICATION 12/15/20 Acres: OLD MT HOLLY ROAD — CRAIG Prepared for: +/- 86.5 Mecklenburg County, NC MERITAGE HOMES FIGURE Drawn By: Reviewed By: 7 1017120 DELINEATION MAP Subject to USACE/NCDEQ verification N RN ALL . 0•, Submittal Information ID# 20210256 Project Name: Stanley Lucia Is this a transportation project? Non -DOT App Received Date: 6/28/2021 Contact Emails heath.caldwell@wetlands-epg.com County (or Counties) Gaston Version: 1 Application Type: Application Attachments Web Access URL: https://edocs.deq.nc.gov/Laserfiche/indexaspx? d b=WaterResou rces#id=1667869;view=browse Public URL: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1667869 Payment Information Fee Received* r Yes f No - Application withdrawn by Applicant r No - On hold for more than 30 days - application returned Date Fee 6/29/2021 Received:* Select Reviewer:* Alan Johnson:eads\adjohnson1 Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699