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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 * $570.00 av o l SIIVAa 10NIN00 NOISON] `= (Y) ON M1NfOJ NOIN81Z hVMHJIH MM b� -90:al113aMd No U NOISI/Uagns ONOSaNIM w. p ¢p LL m IL W 1 k l F g 9i W w � m e k �� v x5 0 4� G If W m a W If� F ZW w LL wO = \ wa Z - z v)U a _ o a z _ g m m z �o5i "tea o �o0 9 opo_, y O w° °�� OHO - p �� 0 o = Q W _£ U w o 0 z EL o << _ o E_ LLJ z z a _atl tlw >$o - c0 WLU - - Q a Z W W co o0000� �o O a$ `C't Q prt o0o No N P p 8 '�s t - e - - W ��'d�co W Zw LL NJ P ?s eg Han � ��a3 C7 N 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. 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WINDSONG SUBDIVISION SCALE: HensonFoley Landscape Architecture Civil Engineering Surveying y a 1Q�20E18 8712 Lindholm Drive, Suite 202A, Huntersville NC 28078 , S STREAM IMPACT # 1 Z FILE: p:704.875.1615f: 1 704.875.0959 1 www.hensonfoley.com 217053 rQ O OQ / v 27 LF OF 18" RCP 43 LF OF 18" RCP CB 23 ho°� FES 24 i b h CB 22 is CWD HW 3 126LFOF301,RCP (2/ SSIFO CWD HW 4 3p" RCp gbh \ FES 18 73 - F OF FES 2 / LTREAM IMPACT S)S 29 LF OF 18" RCP CB 17 b� OF24„ Q / hb L-1S 84 4 54 .4 4 S4 4 +4 34 4 134614 524614 1+4614 1S46W 1. 614 154614 184614 524614 594644 594614 FIH ILX EGDRAC# 574644 CWGXW, IH55264 CWGXWS IHV OUT584�4 574614 I 584644 534614 (+)5. OFS4" RCP ENILTIHD DRAG# 554614Id/ 554614 5. 4614 5.4614 84614 5444 . 4614 S4614 +4614 34614 4 134614 1+4614 1S4614 1.144 154614 18 614 4 +4 .4 94 DRAPXIC LCA-E3"=.4 Ff6 WIHGLOH D LUBGIVILIOH LCA-E: HensonFoley Landscape Architecture Civil Engineering Surveying s a 11311+432 8712 Lindholm Drive, Suite 202A, Huntersville NC 28078 , S LTREAM IMPACT # + Z FI-E: p:704.875.1615f: 1704.875.0959 I www.hensonfoley.com +3745S SAW-2019-00553 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 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 US Topo 7.5-MNUTE5ERI6 35.a5oo R50 s35®^E 36 37 38 39 40 41 42 43 44 45 ao.s 35.a5oo n m v� "S/nmN WE p e m 00 99 98 9] 96 95 94 93 92 91 9D 89 m88®"N 35 t1 35 36 37 38 39 40 41 42 43 44 `45� 1.12 p.d,eee M tM1e Onitee Notes Geol%A.1 saver w� a gem sCALE 1:24 000 me a wE,Ew gem aowc�tsmuml —_ <we wew„w _ w„v,• we n• �u .1: ��,,,,,,,°,,,�.°..,,��, e.�wv� ��,,.a.,a ., �eaa„a hreem..o.�e � .w,®, MIDLAND. 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Ruolg ® snnaNnd yliltl dew {!n5 I -aleos slgy;e pllan aq you AuLu deyy IIoS :BulwuM lwdS eUa R sling aao•ra:� lods dun,S D (lov) ysa,ayuI yd -ry 1B paddew SAM IO'd ino£, aspdwoa yegl SRaAlns Ilos NJ Paorl llods hz llotll ysa,eyul yo na,y NOUVW OANI ddw (uolslnlPgnS C)uosPuIM] ewlOJeO WON � inoo uolun—dRol ll05 2 f £ ( § < < ( q ) 2 § $ ) � — `( \/ ®�* �, fa) CWL!|�«« \7 } / )E §E )� )cNe � � f k ■ 2 ] d f ) \\ _ 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. 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WINDSONG SUBDIVISION SCALE: HensonFoley Landscape Architecture Civil Engineering Surveying y a 1Q�20E18 8712 Lindholm Drive, Suite 202A, Huntersville NC 28078 , S STREAM IMPACT # 1 Z FILE: p:704.875.1615f: 1 704.875.0959 1 www.hensonfoley.com 217053 rQ O OQ / v 27 LF OF 18" RCP 43 LF OF 18" RCP CB 23 ho°� FES 24 i b h CB 22 is CWD HW 3 126LFOF301,RCP (2/ SSIFO CWD HW 4 3p" RCp gbh \ FES 18 73 - F OF FES 2 / LTREAM IMPACT S)S 29 LF OF 18" RCP CB 17 b� OF24„ Q / hb L-1S 84 4 54 .4 4 S4 4 +4 34 4 134614 524614 1+4614 1S46W 1. 614 154614 184614 524614 594644 594614 FIH ILX EGDRAC# 574644 CWGXW, IH55264 CWGXWS IHV OUT584�4 574614 I 584644 534614 (+)5. OFS4" RCP ENILTIHD DRAG# 554614Id/ 554614 5. 4614 5.4614 84614 5444 . 4614 S4614 +4614 34614 4 134614 1+4614 1S4614 1.144 154614 18 614 4 +4 .4 94 DRAPXIC LCA-E3"=.4 Ff6 WIHGLOH D LUBGIVILIOH LCA-E: HensonFoley Landscape Architecture Civil Engineering Surveying s a 11311+432 8712 Lindholm Drive, Suite 202A, Huntersville NC 28078 , S LTREAM IMPACT # + Z FI-E: p:704.875.1615f: 1704.875.0959 I www.hensonfoley.com +3745S SAW-2019-00553 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