HomeMy WebLinkAbout20211237 Ver 1_Riparian Buffer Authorization Request (2)_20210816Water Resources
Original Submittal 8/16/2021
A. Owner/Applicant Information
General Information
Primary Contact Email:* rusty@hensonfoley.com
Please list the contact person's errsil for questions or payment on this project if needed.
Who is submitting the application?* ® Owner
❑ Applicant other than Owner
❑ Agent
Is there an agent working on this application 0 Yes
but not submitting it? O No
1. Property Owner Information:
.....................................................................................................
la. Name on Recorded Deed:*
1b. Responsible Party:
1c. Mailing Address:*
1d. Telephone: * (704)491-3256
Wellspring Carolina Investments LLC
Wellspring Carolina Investments LLC
(for Corporations)
Street Address
2133 Garden View Lane
Address Line 2
City State / Province / Fegion
Matthews NC
Fbstal / Zip Code Country
28104 United States
le. Email Address:* michael@themontroseteam.co
m
B. Project Information and Prior Project History
1. Project Information
la. Name of Project:* Windsong Subdivision
(Subdivision, facility, or establishrrent narre)
1b. Is this a publicly -funded transportation project?*
C'
(-- No
1d. Subdivision Name: Windsong Subdivision
le. Nearest Indian Trail
Municipality:
1f. Property Size: 53.70
acres
1g. County (or Counties) where the project is located:*
Union
1h. Property ID# Date of Purchase
08279004 7/31/2018
Tax RN or Parcel id
1 i. Deed Information
Type of Book Book# Page#
Deed
Map
1j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach docurrent
Deed.pdf 1.18MB
FDF only
1k. How would you like to provide the Latitude and Longitude information?*
f Address Lookup
r Manually
Latitude * 35.09'55" Longitude * 80.35'29"
11. Is the project located in any of North Carolina's twenty coastal counties?
f Yes
F No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:*
Duck Creek
2b. Water Quality Classification of nearest receiving water:*
Stream Class C
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:*
4,368
(linear feet only)
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 under construction of the approved SF residential development. General
land use in the vicinity is
SF residential and Farm Land.
3b. Attach an 8 %. x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
aick the upload button or drag and drop files here to attach docunent
NC_Midland_20190727_TM4geo.pdf 5.98MB
PDF only
3c. Attach an 81/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
(lick the upload button or drag and drop files here to attach docurrent
NRCS Soil Survey Map.pdf 454.16KB
FDF only
4. Proposed Activity
...... ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..........
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:
SF Res. Subdivision with NCDOT road, DEQ water main e)tension, Septic Sewer, &
DEQ Stormwater Mgmt
Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach docurrent
FDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained forth is
property/project (including all prior phases) in the past?*
t: Yes
f No
5b. Who did the determination on the jurisdictional areas?
fi
Who did the determination?
List name if known
Date
Attach
Corps
(NarrB K known)
08/01 /2019
SAW-2019- 5.23M.
00553 (404
permit).pdf
I on"
*** Please include the date of the determination and upload a copy of the determination.
Comments:
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
f• Yes
r No
6b. List any permits/approvals that have been requested or obtained for this project in the past.
Application DateIF Date Issued Permit Type
9/17/2018 9/17/2019 NC 401 - DWR# 19-0445 11
3/5/2019
7/9/2019
State Stormwater -
SW3191205
8/15/2019
1/6/2020
State Erosion - UNION-
2020-047
8/1/2018
9/29/2020
Union County Dev -
20171456
10/21 /2020
eNO1- NCG01-2020-
4725
12/3/2020
Union County Public
Works - 20171456
12/8/2020
NCDOT Turn Lane - 19-
068-U
1/13/2021
DEQ Public Water Ext -
20-00995
6c. Please explain and detail according to "help file" instructions.*
All required permits to construct the SF residential Subdivision
7. Future Project Plans
7a. Is this project a phased project?* r Yes
4 No
C. Proposed Impacts Inventory
Buffer Impacts
Project is in which protected Basin?*
r Neuse River Basin (15A NCAC 0213.0233)
f Catawba River Basin (15A NCAC 0213.0243)
f Randleman Lake Watershed (15A NCAC 02B.0250)
r Tar -Pamlico River Basin (15A NCAC 0213.0259)
r Jordan Lake Watershed (15A NCAC 0213.0267)
r Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 026.0607)
Goose Creek Only: Is the buffer in the 100-year floodplain?
C Yes
F No
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type *
Zone 1
Zone 21
1 - Storm Pipe
Duck Creek
Permanent
Allowable
640.00
0.00
Discharge
(P)
Square
Square
lVbp label (e.g. Finad
Fbrmor Terrp
Feet
Feet
Crossing 1)
2 - Storm Pipe
Duck Creek
Permanent
Allowable
690.00
0.00
Discharge
(P)
Square
Square
Ift label (e.g. Fbad
Perm or Tenp
Feet
Feet
Crossing 1)
3 - Storm Pipe
Duck Creek
Permanent
Allowable
736.00
0.00
Discharge
(P)
Square
Square
Ift label (e.g. Fbad
FbrmorTerrp
Feet
Feet
Crossing 1)
Total Zone 1 Impacts: 2,066.00
Total Zone 2 Impacts: 0.00
Total Buffer Impacts: 2,066.00
Comments:
The minimum amount of impact required to allow the control structure discharge
pipe to daylight based on new
field topo & provide room for installation is requested.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.*
The minimum amount of impact required to allow the control structure discharge
pipe to daylight based on new
field topo & provide room for installation is requested.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.*
The minimum amount of impact required to allow the control structure discharge
pipe to daylight
based on new field topo & provide room for installation is requested.
E. Diffuse Flow Plan
la. What type of SCM are you providing?*
17 Level Spreader
f Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Proposed project will not create concentrated stormwater flow through the
buffer
W Other SCM that removed minimum of 30% nitrogen
1b. Describe how diffuse flow will be maintained:*
The 3 dry pond areas discharge through a sand filter and the pipe daylight utilize a
rip -rap apron to diffuse the flows.
1 c. Diffuse Flow Documentation* Click the upload button or drag and drop files here to attach docurrent
217053 - Windsong-2021-08-05 - RipRap Calcs.pdf 673.82KB
PDF only
F. Supplementary Information
Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
f Yes
r No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR
Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
f Yes
r No
2b. Is this an after -the -fact buffer authorization application?
r Yes
r No
h
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments: Click the upload button or drag and drop files here to attach docurrent
Approved Permits.pdf 10.61MB
FDF only
Additional Comments:
H. Sign and Submit
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act")
o 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");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name:* Rusty O'Neill
Signature
Submission Date: 8/16/2021
(Auto populated field)
Initial Review
Is this accepted into the review process?*
Is this project a public transportation
project?*
ID#*
Version:*
Select Reviewer:*
Select Reviewing Office*
Has payment been received?*
What amount is owed?*
G Yes 0 No
O Yes
r No
20211237
0
Alan Johnson:eads\adjohnson1
Mooresville Regional Office - (704) 663-1699
r No Payment Needed
r Fee Received
t: Need Fee - send electronic notification
* $240.00
* $570.00
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00553 County: Union U.S.G.S. Quad: NC -Midland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Wellspring Carolina Investments, LLC
Mark Bovice
Address: 2133 Garden View Lane
Matthews, NC 28104
Telephone Number: 704-936-9624
E-mail: mbovice(dtruehomesusa.com
Size (acres) 53.79 Nearest Town Indian Trail
Nearest Waterway Duck Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.167008
Longitude:-80.587506
Location description: The review area is located on the north side of Fairview Road; approximately 0.6 miles west of the
intersection of Fairview Road and Mill Grove Road. PIN: 08279004. Reference review area description shown in Pre -
Construction Notification entitled "USGS Topographic Mad' and Printed Date of 11/19/2018.
Description of projects area and activity: This verification authorizes the permanent impacts to 141 linear feet of intermittent
stream channel and 0.03 acres of wetland to facilitate the development of a single-familv residential development. The
permanent stream impacts for the residential development are associated with two road crossings and the wetland impacts are
associated with grading and discharge of fill material for Lot No. 15.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 4/7/2019, and the enclosed plans Construction Drawings Cl-C26 dated 8/9/2017.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Brvan Roden-Revnolds at 704-510-1440or brvan.roden-revnolds(dusace.armv.mil.
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Dq,Wly,iq,e by MDEN RMaDSBWANXENNEH. 3385574
Corps Regulatory Official: Wb 2019— 111111 4W Date: 9/11/2019
Expiration Date of Verification: 03/18/2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Lowrvs Environmental and Ecological Services, LLC
Paul Petitgout
Address: 1823 Ouinn Road
Chester, SC 29706
Telephone Number: 803-992-0910
E-mail: ppetitwut(d mail.com
Action ID Number: SAW-2019-00553 County: Union
Permittee: Wellspring Carolina Investments, LLC, Mark Boyce
Project Name: Windsong Development
Date Verification Issued: 9/11/2019
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
bryan.roden-rynolds@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
SAW-2019-00553
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Wellspring Carolina Investments, LLC, Mark Boyce
1.2 Activity location: Latitude: 35.167008 Longitude:-80.587506 Location description: The review
area is located on the north side of Fairview Road; approximately 0.6 miles west of the
intersection of Fairview Road and Mill Grove Road. PIN: 08279004. Reference review
area description shown in Pre -Construction Notification entitled "USGS Topographic
Map" and Printed Date of 11/19/2018.
1.3 Description of activity requiring verification: This verification would authorize the permanent
impacts to 141 linear feet of intermittent stream channel and 0.03 acres of wetland to
facilitate the development of a single-family residential development. The permanent
stream impacts for the residential development are associated with two road crossings
and the wetland impacts are associated with grading and discharge of fill material for
Lot No. 15.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 4/26/2019
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 9/11/2019.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
SAW-2019-00553
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.
2.2 Site specific factors: The review area consists of a relatively mature mixed (i.e., hardwood
and pine) forest.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site -The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
No.
Provide rationale: No compensatory mitigation is required because the applicant has
minimized impacts and the loss of stream channel associated with the activity is less
than 150 linear feet. There are no specific circumstances that would warrant
compensatory mitigation.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
3.1.3 Known species/critical habitat present? Yes.
IPAC Species in Union County:
Carolina heelsplitter (Lasmigona decorata)- Endangered
Atlantic pigtoe (Fusconaia masoni)- Proposed Threatened
Schweinitz's sunflower (Helianthus schweinitzii)- Endangered
SAW-2019-00553
Michaux's sumac (Rhus michauxii)- Endangered
Ravine sedge (Carex impressinervia)- Under Review
Tricolored bat (Perimyotis subflavus)- Under Review
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination(s): The Corps has determined that the activity may affect, but is not likely
to adversely affect species subject to the ESA.
Based on the latest version of the Natural Heritage Program's NHEO data and a site
visit, there are listed species located within or in the vicinity of the action area and this
activity is one that may affect those listed species.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation). Consultation was initiated with the USFWS on May 16, 2019 and on May 21,
2019, the USFWS concurred with the Corps determination of "may affect not likely to
adversely affect" the Carolina Heelsplitter or its critical habitat. Based on a review of the
information above, the Corps has determined that it has fulfilled its responsibilities under
Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. No. See
Section 3.2 above.
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information needed?
No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no
SAW-2019-00553
known historic properties located in the permit area or in close proximity to the permit
area.
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified. This activity is so limited in nature and scope that
there is little likelihood of impinging upon a historic property even if such properties
were present within the affected area(s).
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? N/A
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? An
individual water quality certification is required, and has not been issued or waived to
date. A provisional general permit will be verified for this activity.
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
SAW-2019-00553
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? No.
If no, provide rationale: The terms and conditions of the general permit are sufficient to
ensure no more than minimal adverse effects, and no conditions are needed for
compliance with other laws or to protect the public interest.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.
5.2 The activity will result in no more than minimal individual and cumulative adverse effects on
the aquatic environment and will not be contrary to the public interest.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH. R4YNOLDS.BRYAN.KENNETH.12633855
1263385574 Date:2019.09.11 11:16:51-04'00' Date: 9/11/2019
Bryan Roden -Reynolds
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Determination of Jurisdiction:
A. ® There arewaters, including wetlands on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the preliminary jurisdictional determination form dated 9/11/2019.
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 jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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:
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNI
Date: 2019.09.1111:1625 04'00'
Brvan Roden-Revnolds
Date of JD: 9/11/2019
Expiration Date of JD: Not applicable
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Wellspring Carolina Investments, LLC,
File Number: SAW-2019-00553
Date:9/11/2019
Mark Bo ce
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
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.gM.mil/Missions/CivilWorks/Res4ulatoiyPros4ramandPennits.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 11 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 11 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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. Jason Steele, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
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 opportuni 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: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 9/11/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wellspring Carolina Investments, LLC, Mark
Boyce, 2133 Garden View Lane, Matthews, NC 28104
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Windsong Development, SAW-
2019-00553
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side
of Fairview Road; approximately 0.6 miles west of the intersection of Fairview Road and Mill Grove Road. PIN:
08279004. Reference review area description shown in Pre -Construction Notification entitled "USGS Topographic
Map" and Printed Date of 11/19/2018.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Indian Trail
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.167008 Longitude:-80.587506
Universal Transverse Mercator:
Name of nearest waterbody: Duck Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 05/23/2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
'may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Stream SA
35.166797
-80.585918
925 linear feet
Non -wetland
404
Stream SB
35.167341
-80.585060
350 linear feet
Non -wetland
404
Stream SC
35.166569
-80.585403
1,500 linear feet
Non -wetland
404
Stream SD
35.165006
-80.586530
1,150 linear feet
Non -wetland
404
Wetland
35.167464
-80.586530
0.003 acre
Wetland
404
WA
Wetland
35.168797
-80.585575
0.002 acre
Wetland
404
WB/WC
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved 7D (AID) for that review area based on an informed decision after having discussed the
various types of 7Ds and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an 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 AID 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 or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-5
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: USGS Topographic Map (1:24,000 Midland, NC)
® Natural Resources Conservation Service Soil Survey. Citation: USDA NRCS Soil Map (Web Soil Survey of Union
County)
® National wetlands inventory map(s). Cite name: USFWS National Wetland Inventory Map (USFWS NWI
Mapper)
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): USGS Aerial Map (USGS NAPP GEOTIFF Aerial Photograph Dated
05/25/2016) and Prelim. JD Map (Dated September 2019)
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): NCDWQ Stream Identification Forms (Version 4.11) Dated 11/18/2017 and
11/21/2017
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later iurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KEN N ETH.12
REYNOLDS.BRYAN.KE 63385574
NNETH.1263385574 Date: 2019.09.1111:16:04
-04'00'
Signature and date of Regulatory
staff member completing PJD
9/11/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
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.
Russell Heirs P
±53.79 acres
Off -Site
j
J
nCz
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rn
WB/WC
WA Wetland
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p Russell Heirs Property I I Potential Jurisdictional Areas
Data Point
Stream SA: ±925 ft. (0.06-ac.) Intermittent
0 250 500
Stream SB: ±350 ft. (0.04-ac.) Perennial
Feet
Stream SC: ±1,500 ft. (±0.52-ac.) Perennial
0
1 inch equals 500 feet
Stream SD: ±1,150 ft. (±0.08-ac.) Intermittent
Source: USGS Midland, Quad
Wetland WA: ±0.003-ac.
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for, and
Wetland WB/WC: ±0.002-ac.
is not suitable for legal or engineering purposes.
Russell Heirs Property Lowrys Environmental 8�
Union County, North Carolina
Prelim JD Map (USGS Topographic Map Base) Ecological Services, LLC
Drawn By: SPP Date: 1-18-18 Rev. 2 - 9/2019 1823 Quinn Road
Chester, South Carolina 29706
Project Mgr. SPP Scale: 1'=500' Sheet: 5 803-992-0910
State Stormwater Permit
Permit No. SW3191205
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT QUALITY
STATE STORMWATER MANAGEMENT PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Wellspring Carolina Investments, LLC
for
Windsong Subdivision
Fairview Road, Indian Trail, NC
Union County
FOR THE
construction, operation and maintenance of three (3) Stormwater Control Measures (SCM)
in compliance with the provisions of 15A NCAC 02H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans, specifications and
other supporting data as on file with and approved by the State and considered a part of
this permit.
This permit shall be effective from the date of issuance until March 25, 2028, and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. Each SCM is approved for the management of stormwater runoff as described in the
application documents and as shown on the approved plans.
3. All stormwater collection and treatment systems must be located within a dedicated
common areas or recorded easements. The final plats for the project will be
recorded showing all such required easements, in accordance with the approved
plans.
4. The runoff from all built -upon area within the permitted drainage area of this project
must be directed into the SCMs.
5. The built -upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent surface waters.
II. SCHEDULE OF COMPLIANCE
During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
Page 1 of 4
State Stormwater Permit
Permit No. SW3191205
2. The permittee shall at all time provide the operation and maintenance necessary to
assure every SCM functions at optimum efficiency. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at
the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the filter strip.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, level spreader, filter
media, planting media, underdrains, catch basins and piping.
g. Access to the cell and outlet structure must be available at all times.
3. The sand filter shall be maintained in a manner that results in a drawdown of at least
two inches per hour at the sand surface. When the filtering capacity has diminished
below this level, then remedial actions shall be taken.
4. Records of maintenance activities must be kept for each SCM. The reports will
indicate the date, activity, name of person performing the work and what actions
were taken. The owner shall keep maintenance records and these shall be available
upon request by the party responsible for enforcing the stormwater program under
which the SCMs were approved.
5. The permittee shall submit an annual summary report of the maintenance and
inspection records for each SCM. The report shall summarize the inspection dates,
results of the inspections, and the maintenance work performed at each inspection.
6. Each SCM shall be constructed in accordance with the approved plans and
specifications, the conditions of this permit, and with other supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received from
an appropriate designer for each SCM certifying that each has been installed in
accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be required for
those deviations.
8. SCMs impacted by sedimentation and erosion control during the construction phase
shall be cleaned out and converted to its approved design state.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
Page 2 of 4
State Stormwater Permit
Permit No. SW3191205
10. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of eight years from the date of the completion of
construction.
11. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in
the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide
copies of revised plans and certification in writing to the Director that the changes
have been made.
12. All SCMs and associated maintenance accesses on privately owned land except for
those located on single family residential lots shall be located in permanent recorded
easements. The SCM shall be shown and labeled within the easement. These
easements shall be granted in favor of the party responsible for enforcing the
stormwater program under which the SCMs were approved. SCMs must have
access and maintenance easements to provide the legal authority for inspections,
maintenance personnel and equipment. The entire footprint of the SCM system must
be included in the access and maintenance easement, plus an additional ten or
more feet around the SCM to provide enough room to complete maintenance tasks.
This SCM system includes the side slopes, forebay, riser structure, SCM device, and
basin outlet, dam embankment, outlet, and emergency spillway.
13. The O&M Agreement shall be referenced on the final plat and shall be recorded with
the County Register of Deeds upon final plat approval. If no subdivision plat is
recorded for the site, then the O&M Agreement shall be recorded with the county
Register of Deeds so as to appear in the chain of title of all subsequent purchasers.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In
the event of a change of ownership, or a name change, the permittee must submit a
completed Name/Ownership Change form signed by both parties, to the State,
accompanied by the supporting documentation. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the State, in accordance with North
Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances, which may be imposed by other
government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems.
6. The permittee grants DEQ Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated. The
Page 3 of 4
State Stormwater Permit
Permit No. SW3191205
permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and re -issuance or termination does
not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules and regulations contained in Session Law 2006-246, Title
15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
12. The permittee shall submit a renewal request with all required forms and
documentation at least 180 days prior to the expiration date of this permit.
Permit issued this the 25th day of March, 2020.
6ze� & yacd dry 5rcoca &. 44w
for Brian Wrenn
Acting Director, Division of Energy, Mineral, and Land Resources
Page 4 of 4
State Stormwater Permit
Permit No. SW3191205
Wellspring Carolina Investments, LLC
Windsong Subdivision
Union County
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project Name)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Submit to: NCDEQ-DEMLR Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Page 1 of 1
ROY COOPER
Governor
MICHAEL S. RECAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
September 17, 2019
DWR# 19-0445
Union County
Mr. Mark Boyce
Wellspring Carolina Investments, LLC
2133 Garden View Ln.
Matthews, NC 28104
Subject: APPROVAL of 401 Water Quality Certification and Goose Creek Riparian
Buffer Rule With Additional Conditions, Windsong Development
Dear Mr. Boyce:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated April 7,
2019, and received by the Division of Water Resources (the Division) on April 14, 2019,
and subsequent information on September 10, 2019. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification
Number 4139 which can be viewed on our web site at
https:Hdeg. nc.gov/about/divisions/water-resources/water-resources-perm its/wastewater-
branch/401-wetlands-buffer-perm its/401 -401 -isolated-wetlands-waters-prog ram The
General Certification allows you to use Nationwide Permit Number 29 once it is issued
to you by the U.S. Army Corps of Engineers (COE). In addition, these impacts are
covered by Goose Creek Riparian Buffer Rule and the conditions listed below Please
note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires
unless otherwise specified in the General Certification. It is advised that all conditions
of the Certification are reviewed prior to initiation of the project. In addition to the
requirements of the Certification, you must also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you
may be required to send us a new application for a new Certification. If total
wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 linear feet, compensatory
mitigation may be required. Additional buffer impacts may require compensatory
mitigation as described in 15A NCAC .0609 for Goose Creek. If the property is
sold, the new owner must be given a copy of the Certification and approval letter;
and is thereby responsible for complying with all conditions. 15A NCAC
D E Q� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH OxROLiNA
o.�romemme�w����ma�,ity /� 704.663,1699
02H .0506 and 15A NCAC 02B .0609, 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at
the approved impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
141 linear ft.
Wetland
0 acre
0 acre
Buffer (two road crossings)
0 sq. ft.
32,041 sq. ft. (.74 ac)
4. Diversion Ditches and other storm water conveyances as related to the sediment
and erosion control measures shall be matted and/or stabilized to reduce
sediment loss and turbidity. This includes interior/exterior slopes of sediment
basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters
shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Water Quality/Stormwater: Please provide documentation showing that water
quality from the development will not be impaired. A storm water management
plan in lieu of such documentation is acceptable if approved by a delegated or
state authority. 15A NCAC 2H .1000
7. Stormwater discharge structures at this site shall be constructed in a manner
such that the potential receiving streams (of the discharge) will not be impacted
due to sediment accumulations, scouring or erosion of the stream banks. 15A
NCAC 02H .0506(b)(5)
8. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening
methods. If riprap is necessary, it shall not be placed in the streambed, unless
approved by DWR
9. During the construction of the project, no staging of equipment of any kind is
permitted in waters of the U.S., or protected riparian buffers. 15A NCAC
02H .0506(b)(3)
10. No rock, sand or other materials shall be dredged from the stream channel except
where authorized by this Certification. 15A NCAC 02H.0506(b)(3)
11. Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance
for future wetland, water and buffer impact. These mechanisms shall be put in place
at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401/Wetlands Unit web site
at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may
be modified as appropriate to suit to this project.
12.The perm ittee shall report to the Mooresville Regional Office any noncompliance
with this certification, any violation of stream or wetland standards [including but
not limited to sediment impacts, and any violation of state regulated riparian
buffer rules. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the applicant became aware
of the circumstances. A written submission shall also be provided within 5
business days of the time the applicant becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is
expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case -by -case basis. 15A NCAC 02B .0200
13.The Permittee shall ensure that the final design drawings adhere to the permit
and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and
15A NCAC 02H .0506 (b)(2) and (c)(2)
14. Upon completion of the project, the applicant shall complete and return a
"Certificate of Completion" form to the 401/Wetlands Branch of the Division using
the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A
NCAC 02H .0507(c)
This Certification and Goose Creek Buffer Rule can be contested as provided in
Articles 3 and 4 of the General Statute 150B by filing a written petition for an
administrative hearing to the Office of the Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by
calling the OAH Clerk's Office at (919) 431-3000.
Within sixty (60) calendar days (30 days for buffer) of receipt of this notice, a
petition must be filed with the OAH. A petition is considered filed when the original and
one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state
holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original
and one (1) copy of the petition along with any applicable OAH filing fee is received by
the OAH within five (5) business days following the faxed transmission. Mailing address
for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean
Water Act and Goose Creek Riparian Buffer Rules as described in 15A NCAC 2B
0.600-0.609. If you have any questions, please telephone Mr. Alan Johnson in the
Mooresville Regional Office at 704-663-1699.
Sincerely,
EDocuSigned by:
A.►...4� H PU-J.1.
F161 FB69A2D84A3... for
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Bryan Reynolds, Army Corps of Engineers, Charlotte, email
Paul Petitgout, Lowrys Env. & Eco., email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date
ROY COOPER
Governor
MICHAELS. REGAN
-Sicrdory
S. DANIEL SMITH
Director
213 3 Garden View Lane
Matthews, North Carolina 28104
RRINUMM
afZ1TtT1T-T=V=7 1111
LETTER OF APPROVAL
W ... ;J A i I frb &I ILA W" 40 t-YWA * 4"-
RE: Project Name: Windsong Subdivision
Acres Approved: 18.24
Project ID: UNION-2020-047
County: Union
City- Indian Trail
Address: Fairview Road
River Basin: Yadkin-PeeDee
Stream Classification: Other
Submitted By: Wellspring Carolina Investments, LLC
Date Received by LQS -- December 27, 2019
Plan Type: New
This office has reviewed the subject erosion and sedimentation control plaa. We find the plan to be acceptable
with modifications and hereby issue this letter of Approval with Modifications and Performance Reservations.
The Modifications Required for Approval are, listed on the attached page. This plan approval shall expire three
(3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by
Title 15A NCAC 4B .0 129.
As of March 1, 2019, all new construction activities are required to complete and submit an electronic Notice
of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction
Stormwater General Permit. This form IIA41%
activity on the above named project. The NOI forrii may be accessed at deq.nc.gov/NCGO I. Please direct
questions about the NOI form to Annette Lucas at Annette.lucas@ncdenr.gov or Paul Clark at
Paul.clark@ncdenr.gov. After you submit a complete and correct N01 Form, a COC will be emailed to you
within three business days. Initially, DEMLR will not charge a fee for coverage under the NCGO I permit.
However, on or after May 1, 2019, a $100 fee will be charged annually, This fee is to be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
Title 15A NCAC 4B .0 1 18(a) and the NCGO I permit require that the, following documentation be kept on file
at the job site: -
The approved E&SC plan as well as any approved deviation.
GAE2.1 North Carolina Department of Enviromqent4_qLialjt on -En 'li of, -ergy, Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
QP
7046631699
Letter of Approval with Modifications and Performance Reservations
Wellspring Carolina Investments, LLC
January 6, 2020
Page 2 of 3
Also, this letter gives the notice required by G. S. 113 A-6 1. 1 (a) of our right of periodic inspection to insure
compliance with the approved plan.
[ON'rIT.
7W tm "I i I C ''•01 M-- J TIM on,
natural resources and adjoining properties. If, following the commencement of this project, the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act
of 1973 (North Carolina General Statute I 13A-5 I through 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
7 a I Ul UIES P-man7t;-VT
laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -
disturbing activity. This approval does not supersede any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the Financial
Responsibility Form, which you provided. You are requested to file an amended form if there is any change in
the information included on the form. In addition, it would be helpful if you notify this office of the proposed
starting date for this project. Please notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sin
Y, 4444
Christopher Graybeal
Assistant Regional Engineer
Land Quality Section
Modifications Required for Approval and Performance Reservations
NCGOI Fact Sheet
c: HensonFoley
Attention: Timothy D. Foley, PE
8712 Lindholm, Drive Suite 202A
Huntersville, North Carolina 28078
ur• '•.'�
Letter of Approval with Modifications and Performance Reservations
Wellspring Carolina Investments, LLC
January 6, 2020
Page 3 of 3
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Windsong Subdivision
Project ID- UNION-2020-047
County: Union
1. Additional measures may be required - The applicant is responsible for the control of sediment on -
site. If the approved erosion and sedimentation control measures prove insufficient, the applicant
must take those additional steps necessary to stop sediment from leaving this site. [15A NCAC
4B .0 115]
ROY COOPER
Governor
MICHAELS. RECAN
Secretary
S. DANIEL SMITH
Director
UNION COUNTY
ATTN: CRYSTAL O. PANICO, P.E., NEW DEV PROG MANAGER
500 NORTH MAIN STREET, SUITE 400
MONROE, NC 28112
Dear Applicant:
NORTH CAROLINA
F.nVbVnmenf42i QuaU1?
January 13, 2021
Re: Authorization to Construct (This is not a Final Approval)
Issue Date: January 13, 2021
WINDSONG SUBDIVISION
Serial No.: 20-00995 Water System No.: NCO190413
Union County
This letter is to confirm that a complete Engineer's Report and a Water System Management Plan have been received, and that engineering plans and
specifications have been approved by the Department for WINDSONG SUBDIVISION, Serial No.: 20-00995.
The "Authorization to Construct" is valid for 36 months from the issue date. Authorization to construct may be extended if the Rules Governing Public
Water Supplies and site conditions have not changed (see Rule .0305). The "Authorization to Construct" and the engineering plans and specifications approval
letter shall be posted at the primary entrance of the job site before and during construction.
Upon completion of the construction or modification, and prior to placing the new construction or modification into service, the applicant must
submit an Engineer's Certification and Applicants Certification to the Public Water Supply Section.
Engineer's Certification: in accordance with Rule .0303 (a), the applicant shall submit a certification statement signed and sealed by a registered
professional engineer stating that construction was completed in accordance with approved engineering plans and specifications, including any
provisions stipulated in the Department's engineering plan and specification approval letter.
Applicant's Certification: in accordance with Rule .0303 (c), the applicant shall submit a signed certification statement indicating that the
requirements for an Operation and Maintenance Plan and Emergency Management Plan have been satisfied in accordance with Rule .0307 (d) and (e)
and that the system has a certified operator in accordance with Rule .1300. The "Applicants Certification" form is available at
httv://www.ncwater.org/ (click on Public Water Supply Section, Plan Review, Plan Review Forms).
Certifications can be sent by mail, fax (919-715-4374), or attachment to an e-mail message to PWSSection.PlanReview@ncdenr.gov.
If this "Authorization to Construct" is for a new public water system, the owner must submit a completed application for an Operating Permit and the
appropriate fee. For a copy of the application for an Operating Permit please call (919) 707-9085.
Once the certifications and permit application and fee (if applicable) are received and determined adequate, the Department will issue a Final Approval
letter to the applicant. In accordance with Rule .0309 (a), no portion of this project shall be placed into service until the Department has issued
Final Approval.
Please contact us at (919) 707-9100 if you have any questions or need additional information.
cc: CLINTON COOK, P.E., Regional Engineer
HENSONFOLEY, INC.
Sincerely,
/fA;�
Robert W. Midgette, P.E.
Chief, Public Water Supply Section
Nwih Camllna Departmen[ of Ewfironmerrtal Qualltr I DIvislon of Waw Rrwurces
$12WrthSpbuturySt" 11634Mail SerMlre Cqntee I Rak4gtkNorth Carpllna27699-1634
North Carolina Department of Environmental Quality
Division of Water Resources
Project Applicant:
Public Water System Name
and Water System No.:
Project Name:
Serial No.:
Issue Date:
Expiration Date:
Authorization to Construct
UNION COUNTY
UNION COUNTY WATER SYSTEM
NC0190413
WINDSONG SUBDIVISION
20-00995
January 13, 2021
36 Months after Issue Date
In accordance with NCAC 18C .0305, this Authorization to Construct must be posted
at the primary entrance to the job site during construction.
TIMOTHY D. FOLEY, P.E.
HENSONFOLEY, INC.
8712 LINDHOLM DRIVE, STE. 202A
HUNTERSVILLE. NC 28078
STATitA
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy Coom-R J. Eiuc BoYETTE
GOVERNOR SECRETARY
December 8, 2020
Wellsping Carolina Investments, LLC
Mark Boyce
2133 Garden View Lane
Matthews, NC 28104
SUBJECT: Residential Access Permit— one access point — onto NC Highway 218, 2,51 miles
east from the intersection of I-485 and NC Highway 218 towards the east. This
access is to serve the proposed Windsong Subdivision in Union County.
PERMIT NUMBER: 19-068-U
Dear Sirs:
The appropriate staff members of the Division of Highways have completed a review of the
subject permit application. The driveway permit is approved subject to the attached
provisions. The person to whom this letter is addressed is responsible for ensuring the
contractor installing the access receives a copy of this information. The contractor installing
the access shall be responsible for following the approved access permit provisions as well as all
notes shown on the site plan and for providing a copy of the permit on the site at all times.
Adequate sight distances should be reserved at all proposed entrances. Attached is a copy of the
approved driveway access permit application.
If you have any questions, please contact me at the number below,
Sincerely yours,
Travis J. Preslar, Z.E.
District 3 Engineer
TJPISB
Attachments
cc: Lee Jenson, Union County
File
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS, DISTRICT 3
130 S. SUTHERLAND AVENUE
MONROE, NC 28112
Telephone: 704-218-5 l 00
Far: 704-292-1800
Customer Service: 1-877-368-4968
Websiie: ncdot.gov
Location:
130 S. SUTHERLAND AVENUE
MONROE, NC 28112
19-068-U
ACCESS PERMIT PROVISIONS
ALL SUBCONTRACTORS DOING WORK WITHIN THE STATE RIGHT OF WAY ARE TO HAVE
A COPY OF THESE PLANS AND SPECIAL PROVISIONS ON THE JOB SITE. NCDOT SHALL
IMMEDIATELY SUSPEND ANY WORK WITHIN THE RIGHT-OF-WAY WHENEVER IT IS
DETERMINED THAT THE CONTRACTOR DOES NOT HAVE A COPY OF THESE
PROVISIONS AND THE PERMIT ON THE SITE.
• YOU MUST NOTIFY MAC OUTEN IN THE DISTRICT ENGINEER'S OFFICE AT (704) 218-
5100 AT LEAST 48 HOURS PRIOR TO CONSTRUCTION. MR. OUTEN IS TO BE
NOTIFIED UPON COMPLETION SO AN INSPECTION CAN BE MADE.
• THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DOES NOT
GUARANTEE THE RIGHT OF WAY OF THE ROAD, NOR WILL IT BE RESPONSIBLE FOR
ANY CLAIMS FOR DAMAGES BROUGHT BY ANY PROPERTY OWNER.
• ALL MATERIALS AND WORKMANSHIP SHALL CONFORM TO 2018 NCDOT STANDARD
SPECIFICATIONS FOR ROADS AND STRUCTURES AND ROADWAY STANDARD
DRAWINGS.
• PROPER TRAFFIC CONTROL DEVICES, SIGNS, ETC, SHALL BE INSTALLED AND
MAINTAINED IN ACCORDANCE WITH SECTION 1101 OF THE 2018 NCDOT ROADWAY
STANDARD DRAWINGS AND THE MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES.
• ANY ROADWAY SIGNS THAT ARE REMOVED DURING CONSTRUCTION WILL BE
REINSTALLED AS SOON AS POSSIBLE.
• TRAFFIC WILL BE MAINTAINED ON THE ROADWAY AT ALL TIMES.
• PROPER TEMPORARY AND PERMANENT MEASURES SHALL BE USED TO CONTROL
EROSION AND SEDIMENTATION IN ACCORDANCE WITH ALL LOCAL, STATE, AND
FEDERAL AGENCIES. EROSION CONTROL DEVICES ARE TO BE MAINTAINED AS
NEEDED BY THE DEVELOPER.
• ANY DRAINAGE STRUCTURES DISTURBED OR DAMAGED SHALL BE RESTORED TO
ORIGINAL CONDITIONS AS DIRECTED BY THE DISTRICT ENGINEER OR HIS
REPRESENTATIVE.
• COMPLETE RESTORATION INCLUDING FERTILIZING, SEEDING AND MULCHING OF
ALL AREAS DISTURBED DURING CONSTRUCTION WILL FOLLOW WITHIN A MAXIMUM
OF THIRTY (30) WORKING DAYS OF THE INITIAL DISTURBING ACTIVITY.
• POSITIVE DRAINAGE SHALL BE MAINTAINED AT ALL TIMES.
• THE BACKFILL AROUND AND UNDER PIPES OR OTHER UTILITY INSTALLATIONS
WITHIN CONSTRUCTION LIMITS SHALL BE MADE OF APPROVED MATERIAL AND
COMPACTED TO AT LEAST 95% OF STANDARD DENSITY AS DETERMINED BY THE
AASHTO METHOD T99.
• DIRT SHALL AT NO TIME BE PLACED ON ROADWAY PAVEMENT.
• NO TRENCHES, DROP-OFFS, EQUIPMENT, OR MATERIAL STOCKPILES ARE
ALLOWED ON THE RIGHT OF WAY OVERNIGHT.
• ACCESS CONSTRUCTION MUST BE COMPLETED WITHIN (1) ONE YEAR AFTER THE
APPROVAL DATE OF THIS PERMIT.
19-068-U
ACCESS PERMIT SPECIAL PROVISIONS
1. LANE CLOSURES ON (HWY 218) SHALL BE BETWEEN THE HOURS OF 9:00 PM -
6:00 AM.
IN ADDITION, THE CONTRACTOR SHALL NOT CLOSE OR NARROW A LANE OF
TRAFFIC, DETAIN AND/OR ALTER THE TRAFFIC FLOW ON OR DURING HOLIDAYS,
HOLIDAY WEEKENDS, SPECIAL EVENTS, OR ANY OTHER TIME WHEN TRAFFIC IS
UNUSUALLY HEAVY, INCLUDING THE FOLLOWING SCHEDULES:
HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS
• FOR UNEXPECTED OCCURRENCE THAT CREATES UNUSUALLY HIGH
TRAFFIC VOLUMES, AS DIRECTED BY THE ENGINEER.
• FOR NEW YEAR'S DAY, BETWEEN THE HOURS OF 6:00 A.M. DECEMBER 31ST
AND 9:00 A.M. JANUARY 2ND. IF NEW YEAR'S DAY IS ON A FRIDAY,
SATURDAY, SUNDAY OR MONDAY, THEN UNTIL 9:00 A.M. THE FOLLOWING
TUESDAY.
• FOR EASTER, BETWEEN THE HOURS OF 6:00 A.M. THURSDAY AND 9:00 A.M.
MONDAY.
• FOR MEMORIAL DAY, BETWEEN THE HOURS OF 6:00 A.M. FRIDAY AND 9:00
A.M. TUESDAY.
• FOR INDEPENDENCE DAY, BETWEEN THE HOURS OF 6:00 A.M. THE DAY
BEFORE INDEPENDENCE DAY AND 9:00 A.M. THE DAY AFTER
INDEPENDENCE DAY.
• IF INDEPENDENCE DAY IS ON A FRIDAY, SATURDAY, SUNDAY OR MONDAY,
THEN BETWEEN THE HOURS OF 6:00 A.M. THE THURSDAY BEFORE
INDEPENDENCE DAY AND 9:00 A.M. THE TUESDAY AFTER INDEPENDENCE
DAY.
• FOR LABOR DAY, BETWEEN THE HOURS OF 6:00 A.M. FRIDAY AND 9:00 A.M.
TUESDAY.
• FOR VETERAN'S DAY, BETWEEN THE HOURS OF 6:00 A.M. THURSDAY
THROUGH 9:00 A.M. MONDAY.
• FOR THANKSGIVING DAY, BETWEEN THE HOURS OF 6:00 A.M. TUESDAY AND
9:00 A.M. MONDAY.
• FOR CHRISTMAS, BETWEEN THE HOURS OF 6:00 A.M. THE FRIDAY BEFORE
THE WEEK OF CHRISTMAS DAY AND 9:00 A.M. THE FOLLOWING TUESDAY
AFTER THE WEEK OF CHRISTMAS DAY.
• HOLIDAYS AND HOLIDAY WEEKENDS SHALL INCLUDE NEW YEAR'S, EASTER,
MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING,
VETERAN'S DAY AND CHRISTMAS. THE CONTRACTOR SHALL SCHEDULE HIS
WORK SO THAT LANE CLOSURES WILL NOT BE REQUIRED DURING THESE
PERIODS, UNLESS OTHERWISE DIRECTED BY THE ENGINEER.
19-068-U
2. THE PROPERTY OWNER OR LESSEE SHALL NOT PLACE OR ERECT ANY
ADVERTISING SIGN, PRICE LIST, FLAG OR OTHER IDENTIFYING MARKER FOR
THE PURPOSE OF ATTRACTING ATTENTION TO THE SITE, EITHER FIXED OR
MOVABLE, ON OR EXTENDING OVER ANY PORTION OF THE HIGHWAY RIGHT OF
WAY.
3. BEFORE CLEARING AND GRADING OPERATIONS MAY BEGIN A CONSTRUCTION
ENTRANCE WITH A MINIMUM DEPTH OF 6" OF 2-3" COARSE AGGREGATE SHALL
BE INSTALLED FOR A MINIMUM OF 50' IN LENGTH AND 12' IN WIDTH AT THE
ENTRANCE TO THE PROPOSED DRIVEWAY/ROADWAY CONNECTION.
4. CONTACT MR. DAVE DAVIS, ENGINEERING TECHNICAN, AT (704) 244-8270 IF ANY
WORK IS TO BE DONE WITHIN 500 FEET OF ANY TRAFFIC SIGNALS WHERE LOOP
DETECTORS MAY BE INVOLVED, AT LEAST 48 HOURS PRIOR TO
CONSTRUCTION. ANY DAMAGE CAUSED TO ANY LOOP DETECTORS OR ANY
OTHER SIGNAL RELATED EQUIPMENT WILL BE REPAIRED BY NCDOT AT THE
EXPENSE OF THE ACCESS PERMIT APPLICANT.
5. THE ACCESS SHALL BE CONSTRUCTED AS SHOWN ON THE ATTACHED PLAN.
6. A MINIMUM OF 500 FEET OF SIGHT DISTANCE IS TO BE MAINTAINED AT ALL
TIMES IN EACH DIRECTION.
7. AN APPROVED PLANTING PERMIT MUST BE OBTAINED FROM THE NORTH
CAROLINA DEPARTMENT OF TRANSPORTATION BEFORE ANY PLANTING WILL
BE PERMITTED WITHIN THE STATE RIGHT OF WAY. REQUESTS FOR PLANTING
PERMITS SHOULD BE MADE TO MR. TIM SIMPSON, ROADSIDE ENVIRONMENTAL
ENGINEER; 716 WEST MAIN STREET; ALBEMARLE, NC 28001.
8. MAXIMUM CUT AND FILL SLOPES SHOULD NOT EXCEED 2:1 WITHIN STATE
RIGHT OF WAY.
9. PAVEMENT SECTION WITHIN NCDOT ROW (HWY 218) SHALL BE!
1.5" S 9.5 C SURFACE COURSE,
2.5" 1 19.0 C COURSE, AND
8" B 25.0 C BASE COURSE.
*All C&G WITHIN THE RIGHT OF WAY MUST BE SET ON 5" OF ASPHALT BASE
COURSE.
NO SUBSTITUTION OF MIXES OR USE OF AGGREGATE BASE COURSE WILL BE
PERMITTED UNLESS AUTHORIZED IN WRITING BY THE DISTRICT ENGINEER.
BE ADVISED QUALITY MANAGEMENT SYSTEMS FOR ASPHALT PAVEMENTS
(MAINTENANCE VERSION) SHALL BE ADHEARED TO. PLEASE FIND ATTACHED
PERVISIONS LETTER IN THIS PROPOSAL.
10. NCDOT PERSONNEL MUST INSPECT EACH PHASE OF ROADWAY
CONSTRUCTION. PLEASE CALL THE DISTRIC ENGINEER'S OFFICE AT (704) 218-
5100 AT LEAST 24 HOURS PRIOR TO PLACEMENT OF ASPHALT BASE COURSE,
PLACEMENT OF ASPHALT BINDER COURSE, AND PLACEMENT OF ASPHALT
SURFACE COURSE.
11, PAVEMENT PLACEMENT SHALL BE WITHIN THE REQUIREMENTS OF SECTION
610-4 OF THE 2012 NCDOT STANDARD SPECIFICATIONS FOR ROADS AND
STRUCTURES, WHICH OUTLINES AMBIENT AIR TEMPERATURE AND OTHER
19-068-U
WEATHER LIMITATIONS FOR PAVEMENT PLACEMENT. NO PLACEMENT CAN
BEGIN WHERE THESE REQUIREMENTS CANNOT BE SATISFIED.
12. THE CROSS -SLOPE OF THE PROPOSED ROADWAY WIDENING SHALL BE BASED
UPON CENTERLINE GRADE OR EXISTING ROADWAY WITH THE SLOPE OF THE
EXISTING PAVEMENT TAKEN INTO CONSIDERATION. THE SLOPE OF THE ROAD
SHALL BE MAINTAINED ACROSS THE WIDENING. NEW PAVEMENT TIES TO
EXISTING PAVEMENT SHOULD MATCH THE EXISTING ROADWAY ELEVATION
WITH NO DIPS OR HUMPS. IT WILL BE NECESSARY FOR THE CONTRACTOR TO
PATCH OR LEVEL EXISTING DIPS TO RESTORE THE CROSS -SLOPE OF THE
ROADWAY PRIOR TO PERFORMING THE PAVEMENT WIDENING OR OVERLAYING
THE EXISTING ROADWAY.
13. THE PAVEMENT WIDENING IS TO BE STRIPED FOLLOWING RESURFACING IN A
TIMELY MANNER TO RESTORE DELINEATION THROUGH THE PROJECT AREA.
CONTACT MAC OUTEN IN THE DISTRICT ENGINEER'S OFFICE AT (704) 218-5100
FOR A PRE -PAVEMENT MARKING INSPECTION. THIS REQUIREMENT IS NEEDED
SO NCDOT CAN REVIEW THE PAVEMENT MARKINGS TO BE INSTALLED BY THE
CONTRACTOR PRIOR TO THE ACTUAL PLACEMENT OF THE MARKINGS. ALL
PAVEMENT MARKINGS SHALL BE THERMOPLASTIC.
14. SHOULDERS ARE TO BE RECONSTRUCTED AFTER WIDENING AND
RESURFACING, THE MATERIALS USED IN CONSTRUCTION OF EARTH
SHOULDERS SHALL BE FREE FROM DEBRIS AND APPROVED BY THE DISTRICT
ENGINEER'S REPRESENTATIVE.
15, ANY EXISTING DRAINPIPE THAT DOES NOT HAVE ADEQUATE SHOULDER WIDTH
AFTER PAVEMENT WIDENING WILL NEED TO BE EXTENDED AS DIRECTED BY
THE DISTRICT ENGINEER OR AS INDICATED ON THE APPROVED ACCESS
PERMIT.
16. THE CONTRACTOR IS REQUIRED TO REPLACE OR RELOCATE ANY DRIVEWAY
OR ROADWAY CULVERT, STRUCTURE, OR OTHER DRAINAGE SYSTEM ALONG
THE SECTION OF STATE ROAD BEING WIDENED, SO AS TO MAINTAIN NOT ONLY
THE REQUIRED ROADWAY TYPICAL SECTION (I.E., DITCH AND SHOULDER
REQUIRED) BUT ALSO DRAINAGE, ANY DRAINAGE PIPE PARTIALLY OR
COMPLETELY STOPPED UP SHALL BE CLEANED OUT BY THE CONTRACTOR.
CULVERTS DAMAGED DURING RELOCATION OR CLEANING MAY REQUIRE
REPLACEMENT AT THE CONTRACTOR'S EXPENSE, AS DETERMINED BY THE
DISTRICT ENGINEER OR HIS REPRESENTATIVE. DRIVEWAY CULVERTS
DETERMINED TO BE UNDERSIZED AS A RESULT OF THE DEVELOPMENT SHALL
BE REPLACED WITH AN APPROPRIATE DIAMETER CULVERT AT THE
DEVELOPER'S EXPENSE.
17. THIS OFFICE HAS RECEIVED A PERFORMANCE AND INDEMNITY IN THE AMOUNT
OF $331,814.06. THIS BOND WILL BE HELD AS A WARRANITY FOR ONE (1) YEAR
AFTER COMPLETION AND FINAL INSPECTION OF CONSTRUCTION.
18. ALL STORM DRAINPIPE SHALL BE CAMERAED 60 DAYS PRIOR TO NCDOT
ACCEPTING THE SUBDIVISION STREETS FOR MAINTENANCE. CONTACT BEN
SAUNDERS @ 704-218-5100 PRIOR TO VIDEOING THE STORM DRAIN SYSTEM.
19. SUBDIVISIONS WILL ONLY BE ALLOWED TO PLAT 50 LOTS OR HALF
WHICHEVER IS LESS PRIOR TO COMPLETING ALL THE ROADWAY
IMPROVEMENTS.
veway
'mit No
route/Road
APPLICATION IDENTIFICATION
Date of
— 0&pplication 11/4/2019
Union
Name: Windson Subdivision
218 Fairview Road
:xact Distance 2.51
® Miles
El rom the Intersection of Route No. 1485
4 5 eat
roperty Will Be Used For; ~
® Residential /Subdivision
nnrart"•
!ION OF P
�J N.C. DEPARTMENTOF TRANSPORTATION'
_ 1 STREET AND DRIVEWAY ACCESS
PERMIT APPLICATION
PERTY.
Fairview Road (218)~ Toward East ' '
❑ Commercial ❑ Educational Facilities ❑ TND
LJ is ®is not ElEmergency Services
Within ❑ Other
• !, the undersigned property owner, request access AGREEMENT,
GR a mMENT : City Zoning Area.
of -way at the above location. and permission to construct driveway(s) or street(s) on public ri ht-
• I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance g
Street and Driveway Access to North Carolina Highways" as adopted by the North Carolina D
Transportation. with the current "policy on
• l agree that no signs or objects will be placed on or over the public right-of-way other than f Department of
• ! agree that the driveway(s) or street(s) will be constructed as shown on the attached plans.
hose approved by NCDOT.
• 1 agree that that driveway(s) or street(s) as used in this agreement include an approach
speed change lanes as deemed necessary. g
• 1 agree that if any future improvements to the roadway become necessary,the pproach tapers, storage lanes or
located on public right-of-way will be considered the property of the North Carolina Department
! will not be entitled to reimbursement or have any claim for present expendituresportion of driveway(s) or street(s)
• !agree that this permit becomes void if construction of driveway(s) or street(s) is not Completed ant of Transportation, and
for driveway or street construction.
specified by the "Policy on Street and Driveway Access to North Carolina Highways".
• !agree to pay a $50 construction inspection fee. Make checks payable to NCDOT, within the time
application is denied. This fee will be reimbursed if
• I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to i
the public travel, interfere with or endanger
• i agree to provide during and following construction proper signs, signal lights, fla
the protection of traffic in conformance with the current "Manual on Uniform Traffic Control De
Highways" and Amendments or Supplements thereto. Information as to the abovegule and other warning devices for
obtained from the District Engineer. vices for Streets and
• I agree to indemnify and save harmless the North Carolina Department of Transportations and regulations maybe
for damage that may arise by reason of this construction.
• 1 agree that the North Carolina Department of Transportation will assume no rasfrom all damages and claims
be caused to such facilities, within the highway right-of-way limits, in carrying out its construction.
• l agree to provide a Performance and Indemnity Bond in the amount specified responsibility far any damages that may
construction proposed on the State Highway system.
• The granting of this permit is subject to the regulatory by the Division of Highways for any
taw and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract
g ry powers of the NC Department of Transportation as provided by
• l agree that the entire cost of constructing and maintainingan approved
and conditions of this permit will be borne by the property owner, the applicant, and their rante cess point.
heap private street or driveway access connection
assignees.
• I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED grantees, successors, and
COMPLETED. WORK BEGINS AND WHEN IT IS
❑ ❑ ® ❑
—and Route No.
2004-07 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Trans ort
61-03419 N �tion TGk cr n.
SIGNATURES OF APPLICANT
PROPERTY OWNER (APPLICANT) WITNESS
COMPANY /IS �7/TfLJ n [ j (s NAME aAjJ? �✓'
SIGNATURE SIGNATURE
ADDRESS 133 k,E, CA ,' I.✓ ADDRESS 2
` J`t
/l e t NGZ9 pl Phone No. 70 ` Z,(/ /lY I ✓�►c �gt
AUTHORIZED AGENT WITNESS
COMPANY NAME
SIGNATURE SIGNATURE
ADDRESS ADDRESS
Phone No.
APPROVALS
APPLICATION RECEIVED BY DISTRICTAGINEER
SIGNATUPE '
APPLICATION APPROVED BY L CAL GOVERNMENTAL AUTHORITY (when required)
SIGNA . RE TITVE
APPLICATION APPROVED BY NCDOT
SIGNATURE TITLE
INSPECTION BY NCDOT
SIGNA
COMMENTS:
TITLE
•6 - zazo
DATE
zl�t 12�.�a
A --13--
DATE
DATE
BK 07207 PG 0459
FILED ELECTRONICALLY
UNION COUNTY NC
CRYSTAL D. GILLIARD
FILED Jul 31, 2018
AT 01:20:00 PM
BOOK 07207
START PAGE 0459
END PAGE 0464
INSTRUMENT # 21383
EXCISE TAX $979.00
NORTH CAROLINA GENERAL WAPJUNTY DEED
Excise Tax $ 979.00
Parcel Identifier No. 08279004 Verified by UNION County on the day of , 20
Mail/Box to: HINSON FAULK, P.A., 309 POST OFFICE DRIVE, INDIAN TRAIL NC 28079
This instrument was prepared by: HINSON FAULK, P.A. 1 FILE NO. 2018073825
Brief description for the index 53.75 acres, HIGHWAY 218
THIS DEED made this the day of July, 2018, by and between
rei:1", zi iTd
LUKE ALEXANDER RUSSELL, III, unmarried;
VNIAN CATHERINE RUSSELL, unmarried;
PHYLLIS R. NORWOOD and spouse,
TOMMY NORWOOD;
PHYLLIS R. NORWOOD, Commissioner of the
Court for Ward, BRYANT A. RUSSELL JR. under
Order dated 6/21/2018 (Union 18SP375);
REBECCA R. ADAMS (aka MILDRED R.
KEZIAH) and spouse, DENNIS ADAMS;
and
LEMUEL S. HAGLER and spouse,
CLETA BETH HAGLER
Mailing Address:
GRANTEE
WELLSPRING CAROLINA INVESTMENTS, LLC
A North Carolina Linured Lzabib ry Company
flailing Address:
2133 Garden View Lane
Matthews, NC 28104
Enter in !Epropriate block for each pa : name, address, and, if appropriate, Character of entity, e, ,, co oration or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
BK 07207 PG 0460
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in
fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
All such valid and enforceable easements, restrictions and rights of way of record and the lien of ad valorern taxes
for the current year which the grantee herein assumes and agrees to pay.
All or a portion of the property herein, conveyed does not include the primary residence of a Grantor.
IN WITNESS WHEREOF, the Grantor duly executed the foregoing as of the day and year first above written.
I J62_�J -AL (seaj)
1, Devisee
(seal)
CATHERINE RUMU, Devisee
SEAL - STAMP State of North Carolina -County of Union
L ` &C , a Notary Public for m
County, State of North Carolina, certify that the following person(s), either
personally known to me or proven by satisfactory evidence, personally appeared
before me this day and acknowledged to me that they voluntarily signed the
foregoing document for the purpose stated therein and in the capacity indicated:
LUICE ALEXANDER RUSSELL, III and VIVIAN CATHERINE RUSSELL. Witness
my hand and official stamp or seal, this the day of July, 2018.
ANDR�A CtAkk
1VaSary �"�il;�ir:. PJrz�:�. C:3r41irta
tf .'t i:7 ri C[7 [�rtty
My
September 14. 2014 Notary Public
My Commission Expires:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.
ADDITIONAL SIGNATURES AND ACKNOWLEDGEMENTS TO FOLLOW.]
BK 07207 PG 0461
IN WITNESS WHEREOF, the Grantor duly executed the foregoing as of the day and year first above wrirten.
RE ECCA R ADAMS (aka MILDRED R. KEZLAH), Devisee
_(seal)
(seal)
DENNIS ADAMS, Spouse of Devisee joins in this conveyance
in order to vest tide to the Grantee herein, free and clear of
any right, title and interest he may have.
C__. - ty. ��_ (seal)
UEL HAGLER, Gra or
-d�& - _ (.seal}
CLETA BETHAGLO.SusHe of Grantor joins in this
conveyance in order to vest title to the Grantee herein, free
and clear of any right, title and interest she may have.
SEAL - STAMP State of North Carolina - County of Union
1, _ _ rVL► y LJ1 W1� �y a Notary Public for
County, State of North Carolina, certify that the following person(s), either
A H p C [ AR X
�u€ivy Puo[ic, North Cdrolin�,
personally known to me or proven by satisfactory evidence, personally appeared
U n l o n C ° 1 n t v before me this day and acknowledged to me that they voluntarily signed the
My cormnllssiorl Evj• r-,
[WILIDLI
am o e r 14, 7019 foregoing document for the purpose stated therein and in the capacity indicated:
REBECCA R. AVS and DENNIS ADAMS. Witness my hand and official stamp
or sea], this the _w day of July, 2018.
Notary Public
My Commission Expires: Afq["(q
State of North Carolina - County of Union
a Notary Public for
County, State of North Carolina, certify that the following persons), either
ark DR E A C to R K personally known to me or proven by satisfactory evidence, personally appeared
Noiary Ptrbhre. North Carolina
Union C o r; r T y before me this day and acknowledged to me that they voluntarily signed the
5 e G ! r> rn r, or t 2 0 1 q foregoing document for the purpose stated therein and in the capacity indicated:
LEMUEL S. HAGLER at d CLETA BETH HAGLER. Witness my hand and official
stamp or seal, this the `7 day of July, 2018.
t A)�Wf) "
Notary Public
BK 67267 PG 0462
IN WITNESS WHEREOF, the Grantor duly executed the foregoing as of the day and year first above written.
PHYL111S R. NORWOOD, Devisee
TOMS MY IORWOOD, Spouse of Devisee joins in this
conveyance in order to vest title to the Grantee herein, free
and clear of any right, title and interest he may have.
i-' � Fti: ° r arre-.--r7` r �[Yr urY�./a� ..e..ti,.c� e•+��-
(seal)
PHYLLIS R. NORWOOD, Commissioner of the Court for
Ward, BRYANT A. RUSSELL JR. (Devisee), under Order
dated 6/21/201a (Union 18SP375).
SEAL - STAMP
State of North Carolina County of Union
I,a NotaryPublic for V r
AN Ci �� .: a C �k h' K
.. '•'r �3iLl:�, IVar�Er Carolina
-+
County, State of North Carolina, certify that the following person(s), either
Union C n : t v
her•: ;.' ..., ... �
personally known to me or proven by satisfactory evidence, personally appeared
.:. .• spires
S" �; i . ?r, t, �; ; 4 019
Z 9
before me this day and acknowledged to me that they voluntarily signed the
foregoing document for the purpose stated therein and in the capacity indicated:
PHYLLIS R. NORWOOD and TOMMY NORWOOD. Witness my hand and official
stamp or seal, this the 4— day of July, 2018.
3-1AA--
"am
.
Notary Public
r,
My Commission Expires: 6) 1 l t
State of North Carolina - County of Union
13 `v" ` "�►' ' ' '
a Notary Public for i
County, State of North Carolina, certify that the following person(s), either
personally known to me or proven by satisfactory evidence, personally appeared
•
} r 43 r1j big r 4j '
before me this day and acknowledged to me that the voluntarily signed the
Y g Y Y g
foregoing document for
the purpose stated therein and in the capacity indicated:
PHYLLIS R. NORWOOD, Commissioner Mold 18SP375. Witness my hand and
official stamp or seal, this the Z1- day of July, 2018.
Notary Public
f
My Commission Expires: -L I `? f
BK 07207 PG 0463
EXHIBIT 'A'
BEGINNING at a point in the center line of NC Highway #218, a corner of the Dorothy Ellington
property (Book 202, Page 116); thence with the center line of said highway four calls as follows: Ist,
South 73' 00' 14" East 111.39 feet; 2nd, South 73' 53' 37" East 60.0 feet; 3rd, South 73' 53' 37" East 58.09
feet; 4th, South 74° 06' 40" East 406.56 feet to a point, a corner of the Austin Russell property (Book
633, Page 390); thence with the line of the said Russell property North 15' 08' 00" East 729.95 feet to
an iron in a line of the Russell E. Bailey property (Book 633, Page 393); thence with two lines of the
said Bailey property as follows: 1st, North 44° 45' 07" East 504.34 feet to an iron, 2nd, North 44° 09' 2 1 "
East 907.86 feet to an iron, a common corner of the other property of Russell E. Bailey (Book 633, Page
396) and property of John Liles, et als, (Book 398, Page 734); thence with a center line of the said Liles
property South 48' 08' 34" East 1148.0 feet to an iron in Duck Creek; thence with the various courses
of Duck Creek 46 calls as follows: Istl North 650 00' 26" West 27.316 feet; 2nd, South 72' 34' 11" West
19.151 feet; 3rd, South 22° 24' 32" West 19.756 feet; 4th, South 10' 02' 04" East 44.835 feet; 5th, South
or 20' 48" West 23.544 feet; 6th, South 42° 55' 55" West 31,737 feet, 7th, South 71° 49' 07" West 53.217
feet; 8th, South 48' 43' 53" West 42.938 feet; 9th. South 50° 02' 23" West 53.067 feet; 10th, South 28'
39' 37" West 36.081 feet; nth, South 04° 44' 42" East 50.050 feet; 12th south 22' 38' 57" West 60.733
feet; 13th, South 64' 56' 35" West 43.868 feet; 14th, South 460 03' 56" West 34.718 feet; 15th, South 80"
37' 52" West 23.710 feet; 16th, South 53' 2608" West 35.946 feet; I 7th, South 090 57' 42" West 86.994
feet; 18th, South 200 56' 52" West 19.698 feet; 19th, South 7r 32' 59" West 53.926 feet; 20th, South 39'
25' 38" West 20,950 feet; 21st, South 13' 57' 47" West 26.916 feet; 22nd, South 65' 49' 33" East 50.176
feet; 23rd, South 54' 22' 44" West 168.460 feet; 24th, South 60° 32' 16" West 74.761 feet; 25th, South
060 08' 55" West 130.930 feet; 26th, South 01' 17' 21" East 90.109 feet; 27th, south 12' 52' 48" West
65,935 feet; 28th, South 07' 06' 23" West 77.542 feet; 29th, South 150 18' 04" West 86.198 feet; 30th,
South 22° 37' 37" West 236.606 feet; 31st, South 49° 38' 34" West 48,362 feet; 32nd, South 32' 20' 19"
West 69.039 feet; 33rd, South 23' 16' 12" West 61.118 feet; 34th, South 14' 05' 43" East 52.914 feet;
35th, South 419 28' 31" East 36.398 feet; 36th, South 850 34' 35" East 30.930 feet; 37th, South 62u 29'
59" East 39.191 feet; 38th, South 060 19' 03' East 47.870 feet; 39th, South 20° 54' 51" West 66.8 feet;
40th, South 580 44' 41" West 42.836 feet; 41st,1 South 80° 54' 57" West 39.059 feet; 42nd, South 8r 25'
52" West 99.005 feet; 43rd, South 68° 29' 22" West 62.472 feet; 44th, South 5r 53' 38" West 48.894 feet;
45th, South 209 32' 43" West 53.285 feet; 46th, South 23" 51' 39" West 31.339 feet; thence with two
lines of property of Park Road Shopping Center (Book 472, Page 671) as follows; 1st, North 53' 42' 21"
West 1510.0 feet to an iron; 2nd, South 89' 42' 28" West 359.91 feet to an iron, a corner of Dorothy
Ellington property; thence with a line of said Ellington property North 02° 43' 08" West 229.56 feet to
the point of BEGINNING, containing 69.16 acres, more or less, as shown on a plat by Q Newton
Honeycutt, NCRLS, dated August 15, 1994.
DERIVATION: The hereinabove described property was acquired by L.A. Russell by deed recorded in
Book 67, Page 9, Union County Registry. L.A. Russell died testate on October 8, 1962; his Last Will and
Testament, filed in Will Book 10, Page 108, Union County Clerk of Superior Court, devised his interest
in the hereinabove described property to his children: Dorothy R. Ellington, Rachel R. Rumph, L.A.
Russell Jr. and Austin Russell to share and share alike, subject to the devise to his wife, Kate A. Russell,
for the term of her life. Kate A. Russell died testate on January 2, 1977. Dorothy R. Ellington conveyed
one-half of her interest in the hereinabove described property, surveyed August 15, 1994 by Q Newton
Huneycutt and found to contain 69.16 acres more or less, to her siblings: L.A. Russell Jr.; B. Austin
Russell and Rachel R. Rumph on December 1, 1994 in Deed Book 751, Page 355. Dorothy R. Ellington
conveyed her remaining interest in the hereinabove described property to her siblings: L.A. Russell Jr.;
B. Austin Russell and Rachel R. Rumph on January 9, 1995 in Deed Book 758, Page 246. Rachel H.
Rumph (fka Rachel R. Rumph) conveyed her interest in the hereinabove described property to Rachel
14 Ritmnh Tmanmp rnf r},n DoAinl T-i R,,,,,..1, T ;. ;-- Tr,,..r -A T_..-. ,1- A
BK 07207 PG 0464
23, 2006; the Last Will and Testament of Estate of Bryant Austin Russell, Sr., which Will is recorded in
Estate File 06E603, Union County Clerk of Superior Court, devised his interest in the hereinabove
described property to his children: PHYLLIS R. NORWOOD; BRYANT A. RUSSELL JR. and
MILDRED R. KEZIAH (aka REBECCA R. ADAMS). Also, .0583 acre tract from adjoining McClain
property (Deed Book 6458 Page 219; formerly Austin Russell Heirs), combined with subject property
by Deed of Grantors filed October 29, 2013 in Deed Book 6123 Page 111. BRYANT A. RUSSELL JR.
was declared an Incompetent Adult (filed 17SP461) and PHYLLIS R. NORWOOD ordered General
Guardian of the Estate of BRYAN r A. RUSSELL JR. (filed 17E795), PHYLLIS R. NORWOOD as
General Guardian of the Estate of BRYANT A. RUSSELL JR. was appointed as Commissioner of the
Court to sell the hereinabove described property by Order Authorizing Sale filed June 21, 2018 in
18SP375. COMMISSIONER'S DEED recorded contemporaneously herewith.
LESS & EXCEPTING THE FOLLOWING OUT CONVEYANCES:
TRACT l:
9,610 acres, as conveyed by Deed of Grantors to TOBY LEON PHII~ER in Deed Book 6669 Page 399
Union County Registry. Parcel Nos. 8279004A & 08279004B
TRACT 2:
3.415 acres, as conveyed by Deed of Grantors to PERRY RICHARDSON in Deed Book 6883 Page 414
Union County Registry. Parcel Nos. 08279004C & 08279004D
ME 1111(C�r(U.S. DEPARTMENT OF THE INTERIOR iu, MIDLANDQUADRANGLE
V O U.S. GEOLOGICAL SURVEY NgiTH—IOLINA
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00553 County: Union U.S.G.S. Quad: NC -Midland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Wellspring Carolina Investments, LLC
Mark Bovice
Address: 2133 Garden View Lane
Matthews, NC 28104
Telephone Number: 704-936-9624
E-mail: mbovice(dtruehomesusa.com
Size (acres) 53.79 Nearest Town Indian Trail
Nearest Waterway Duck Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.167008
Longitude:-80.587506
Location description: The review area is located on the north side of Fairview Road; approximately 0.6 miles west of the
intersection of Fairview Road and Mill Grove Road. PIN: 08279004. Reference review area description shown in Pre -
Construction Notification entitled "USGS Topographic Mad' and Printed Date of 11/19/2018.
Description of projects area and activity: This verification authorizes the permanent impacts to 141 linear feet of intermittent
stream channel and 0.03 acres of wetland to facilitate the development of a single-familv residential development. The
permanent stream impacts for the residential development are associated with two road crossings and the wetland impacts are
associated with grading and discharge of fill material for Lot No. 15.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 4/7/2019, and the enclosed plans Construction Drawings Cl-C26 dated 8/9/2017.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Brvan Roden-Revnolds at 704-510-1440or brvan.roden-revnolds(dusace.armv.mil.
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Dq,Wly,iq,e by MDEN RMaDSBWANXENNEH. 3385574
Corps Regulatory Official: Wb 2019— 111111 4W Date: 9/11/2019
Expiration Date of Verification: 03/18/2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Lowrvs Environmental and Ecological Services, LLC
Paul Petitgout
Address: 1823 Ouinn Road
Chester, SC 29706
Telephone Number: 803-992-0910
E-mail: ppetitwut(d mail.com
Action ID Number: SAW-2019-00553 County: Union
Permittee: Wellspring Carolina Investments, LLC, Mark Boyce
Project Name: Windsong Development
Date Verification Issued: 9/11/2019
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
bryan.roden-rynolds@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
SAW-2019-00553
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Wellspring Carolina Investments, LLC, Mark Boyce
1.2 Activity location: Latitude: 35.167008 Longitude:-80.587506 Location description: The review
area is located on the north side of Fairview Road; approximately 0.6 miles west of the
intersection of Fairview Road and Mill Grove Road. PIN: 08279004. Reference review
area description shown in Pre -Construction Notification entitled "USGS Topographic
Map" and Printed Date of 11/19/2018.
1.3 Description of activity requiring verification: This verification would authorize the permanent
impacts to 141 linear feet of intermittent stream channel and 0.03 acres of wetland to
facilitate the development of a single-family residential development. The permanent
stream impacts for the residential development are associated with two road crossings
and the wetland impacts are associated with grading and discharge of fill material for
Lot No. 15.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 4/26/2019
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 9/11/2019.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
SAW-2019-00553
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.
2.2 Site specific factors: The review area consists of a relatively mature mixed (i.e., hardwood
and pine) forest.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site -The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
No.
Provide rationale: No compensatory mitigation is required because the applicant has
minimized impacts and the loss of stream channel associated with the activity is less
than 150 linear feet. There are no specific circumstances that would warrant
compensatory mitigation.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
3.1.3 Known species/critical habitat present? Yes.
IPAC Species in Union County:
Carolina heelsplitter (Lasmigona decorata)- Endangered
Atlantic pigtoe (Fusconaia masoni)- Proposed Threatened
Schweinitz's sunflower (Helianthus schweinitzii)- Endangered
SAW-2019-00553
Michaux's sumac (Rhus michauxii)- Endangered
Ravine sedge (Carex impressinervia)- Under Review
Tricolored bat (Perimyotis subflavus)- Under Review
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination(s): The Corps has determined that the activity may affect, but is not likely
to adversely affect species subject to the ESA.
Based on the latest version of the Natural Heritage Program's NHEO data and a site
visit, there are listed species located within or in the vicinity of the action area and this
activity is one that may affect those listed species.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation). Consultation was initiated with the USFWS on May 16, 2019 and on May 21,
2019, the USFWS concurred with the Corps determination of "may affect not likely to
adversely affect" the Carolina Heelsplitter or its critical habitat. Based on a review of the
information above, the Corps has determined that it has fulfilled its responsibilities under
Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. No. See
Section 3.2 above.
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information needed?
No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no
SAW-2019-00553
known historic properties located in the permit area or in close proximity to the permit
area.
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified. This activity is so limited in nature and scope that
there is little likelihood of impinging upon a historic property even if such properties
were present within the affected area(s).
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? N/A
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? An
individual water quality certification is required, and has not been issued or waived to
date. A provisional general permit will be verified for this activity.
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
SAW-2019-00553
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? No.
If no, provide rationale: The terms and conditions of the general permit are sufficient to
ensure no more than minimal adverse effects, and no conditions are needed for
compliance with other laws or to protect the public interest.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.
5.2 The activity will result in no more than minimal individual and cumulative adverse effects on
the aquatic environment and will not be contrary to the public interest.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH. R4YNOLDS.BRYAN.KENNETH.12633855
1263385574 Date:2019.09.11 11:16:51-04'00' Date: 9/11/2019
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Determination of Jurisdiction:
A. ® There arewaters, including wetlands on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the preliminary jurisdictional determination form dated 9/11/2019.
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 jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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:
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNI
Date: 2019.09.1111:1625 04'00'
Brvan Roden-Revnolds
Date of JD: 9/11/2019
Expiration Date of JD: Not applicable
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Wellspring Carolina Investments, LLC,
File Number: SAW-2019-00553
Date:9/11/2019
Mark Bo ce
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
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.gM.mil/Missions/CivilWorks/Res4ulatoiyPros4ramandPennits.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 11 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 11 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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. Jason Steele, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
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 opportuni 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: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 9/11/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wellspring Carolina Investments, LLC, Mark
Boyce, 2133 Garden View Lane, Matthews, NC 28104
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Windsong Development, SAW-
2019-00553
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side
of Fairview Road; approximately 0.6 miles west of the intersection of Fairview Road and Mill Grove Road. PIN:
08279004. Reference review area description shown in Pre -Construction Notification entitled "USGS Topographic
Map" and Printed Date of 11/19/2018.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Indian Trail
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.167008 Longitude:-80.587506
Universal Transverse Mercator:
Name of nearest waterbody: Duck Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 05/23/2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
'may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Stream SA
35.166797
-80.585918
925 linear feet
Non -wetland
404
Stream SB
35.167341
-80.585060
350 linear feet
Non -wetland
404
Stream SC
35.166569
-80.585403
1,500 linear feet
Non -wetland
404
Stream SD
35.165006
-80.586530
1,150 linear feet
Non -wetland
404
Wetland
35.167464
-80.586530
0.003 acre
Wetland
404
WA
Wetland
35.168797
-80.585575
0.002 acre
Wetland
404
WB/WC
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved 7D (AID) for that review area based on an informed decision after having discussed the
various types of 7Ds and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an 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 AID 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 or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-5
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: USGS Topographic Map (1:24,000 Midland, NC)
® Natural Resources Conservation Service Soil Survey. Citation: USDA NRCS Soil Map (Web Soil Survey of Union
County)
® National wetlands inventory map(s). Cite name: USFWS National Wetland Inventory Map (USFWS NWI
Mapper)
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): USGS Aerial Map (USGS NAPP GEOTIFF Aerial Photograph Dated
05/25/2016) and Prelim. JD Map (Dated September 2019)
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): NCDWQ Stream Identification Forms (Version 4.11) Dated 11/18/2017 and
11/21/2017
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later iurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KEN N ETH.12
REYNOLDS.BRYAN.KE 63385574
NNETH.1263385574 Date: 2019.09.1111:16:04
-04'00'
Signature and date of Regulatory
staff member completing PJD
9/11/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
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.
Russell Heirs P
±53.79 acres
Off -Site
j
J
nCz
G
rn
WB/WC
WA Wetland
• � •%Stye
Orr
SD StreamCo
wsnvc
up�
W land��
wee `
S.
�e
a�
Y
I
7Q
p Russell Heirs Property I I Potential Jurisdictional Areas
Data Point
Stream SA: ±925 ft. (0.06-ac.) Intermittent
0 250 500
Stream SB: ±350 ft. (0.04-ac.) Perennial
Feet
Stream SC: ±1,500 ft. (±0.52-ac.) Perennial
0
1 inch equals 500 feet
Stream SD: ±1,150 ft. (±0.08-ac.) Intermittent
Source: USGS Midland, Quad
Wetland WA: ±0.003-ac.
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for, and
Wetland WB/WC: ±0.002-ac.
is not suitable for legal or engineering purposes.
Russell Heirs Property Lowrys Environmental 8�
Union County, North Carolina
Prelim JD Map (USGS Topographic Map Base) Ecological Services, LLC
Drawn By: SPP Date: 1-18-18 Rev. 2 - 9/2019 1823 Quinn Road
Chester, South Carolina 29706
Project Mgr. SPP Scale: 1'=500' Sheet: 5 803-992-0910