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
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STANLEY LUCIA SITE
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MERITAGE HOMES
FIGURE
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VICINITY MAP
Drawn By:
Reviewed By:
9/22/20
Subject to USACE/NCDEQ verification
BLK
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CRAIG REALTY
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STANLEY, NC 28164
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FIGURE
2 9122120
STANLEY LUCIA SITE
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PARCEL MAP
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CRAIG REALTY
PO BOX 550
STANLEY, NC 28164
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Acres:
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FIGURE
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1. 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
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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
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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
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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