20211329 Ver 1_Symphony Park PCN NCDEQ_20210906

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 20 20 - 00263 BEGIN DATE [Received Date]:
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Symphony Park
2. Work Type: Private Z Institutional ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑
NWP 14 & 18 request for a road widening and utility connection
4. Property Owner / Applicant [PCN Form A3 or A4]: South Creek Construction, Inc
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.4501 /-80.8257
Sam Furr Road, Charlotte, NC
8. Project Location -Tax Parcel ID [PCN Form 131a]: 01 123104
9. Project Location —County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersvllle
11. Project Information — Nearest Waterbody [PCN Form 132a]: Ramah Creek
12. watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky (03040105)
Authorization: Section 10 ❑ Section 404 Z Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 14 & 18
❑ Regional General Permit #
Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
Oa ks]111141L160%

WEEG
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
September 6, 2021
Mr. Bryan Roden -Reynolds
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wcjoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Subject: SAW-2020-00263; Pre -Construction Notification for NWP 414 and 418 for the
Symphony Park site in Huntersville, Mecklenburg County, North Carolina
Messrs. Roden -Reynolds, Johnson, Wcjoski, and Hamstead,
Enclosed is a request for Nationwide Permits 914 and 918 to support the development of the
Symphony Park project. The Symphony Park site is located on about 36 acres at 12221 Sam Furr
Road in Huntersville, NC. The proposed impacts for this site are the result the of widening of
Sam Furr Road required by the Town of Huntersville, which was originally constructed in the
late 1970's, and utility connections. There are no proposed impacts to the Symphony Park
Development proper. The greater site is a proposed residential development and consists of five
streams and four wetlands. A Preliminary Jurisdictional Determination Request for the site was
authorized in March 2020. Please refer to the Jurisdictional Determination Information section
for information on onsite surface waters.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-b Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
[e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
As shown on the attached exhibits, the proposed project will include permanent impacts to one
stream due to road widening requirements and temporary impacts to one stream for utility
connections. Overall impacts to site surface waters associated with the proposed development
were limited through site selection location, design, and the location/orientation of the proposed
lots and access routes. Headwalls are proposed and, where possible, 2:1 slopes will be
implemented to limit impacts to site surface waters. Total permanent impacts proposed include
112 linear feet of stream impact to Stream A. Site impacts were necessary due to City and
NCDOT access requirements as well as constraints from existing sewer line infrastructure. The
applicant has demonstrated substantial avoidance and minimization efforts in which 100% of the
0.645 acres of onsite wetlands and 94% of the 1,785 linear feet onsite streams will be avoided.
No mitigation is proposed due to limited site impacts.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species, or their critical habitat as designated under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the terrestrial species evaluation. Thank you for your consideration and please contact
me if you have any questions, [phone] or email at daniel.kueflerkwetlands-epg coin.
Sincerely,
� �' 4�1 /�
Daniel Kuefler
Environmental Scientist
Charlotte Office:
10612-b Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetiands-epg.com
2
Len Rindner, PWS
Principal
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

C
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Permit Application

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T.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 & 18 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Symphony Park
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Huntersville
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Palillo University LLC c/o South Creek Construction
3b.
Deed Book and Page No.
35638-962
3c.
Responsible Party (for LLC if
applicable):
Jake Palillo
3d.
Street address:
18611 Starcreek Drive
3e.
City, state, zip:
Cornelius, NC 28031
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Daniel Kuefler
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
[phone]
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
01123104
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.4501 Longitude:-80.8257
1c.
Property size:
35.8 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Ramah Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Rocky/03040105
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is located just west of Westmoreland Road and just north of Hwy 73-Sam Furr Road. The topography consists of upland flats grading into
moderate slopes draining to a southerly flowing tributary to Ramah Creek. The site is a former horse farm and there is a mosaic of old pastures, riding
rings and training enclosures on the uplands. Slopes and drainages are covered with secondary growth and mixed pines and hardwoods.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.645
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,785
3d. Explain the purpose of the proposed project:
The proposed project involves impacts to two streams due to roadway improvement impacts and utility connections.
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This site was verified by D. Shaeffer (USACE) on 3/4/20. A copy of the signed JD approval is included in the JD section.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
Stream A
PER
Corps
6
100
S2 P
Stabilization
Stream A
PER
Corps
6
12
S3 T
Construction Access
Stream A
PER
Corps
6
30
S4 T
Excavation
Ramah Creek
PER
Corps
12
25
S5 T
Construction Access
Ramah Creek
PER
Corps
12
25
S6
Choose one
3h. Total stream and tributary impacts
192
3i. Comments:
Riprap will be placed at preexisting stream elevations
S3 and S5 are for dewatering
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. To provide adequate access and utilities to the site, Sam Furr Road will be widened and graded per NCDOT requirements to
accommodate turn lanes. The proposed impacts are restricted to utility extension due to the roadway improvements. The applicant has demonstrated
avoidance and minimization efforts by avoiding 94% of onsite streams and all wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
30 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm
water on the site will be handled by facilities shown on the attached plans. The stormwater plan has
not yet been submitted to the City of
Charlotte but will be designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Charlotte
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes 0 No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
[]Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes 0 No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes 0 No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
No
additional phases are proposed.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
Wastewater
the proposed project, or available capacity of the subject facility.
generated on site will be transported to the nearest treatment facility via sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is except as described in the attached T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: https://nc.maps.arcgis.com/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://polaris3g.meeklenburgcountyne.gov/
Daniel Kuefler
J
09-06-2021
Applicant/Agent's Printed Name
Date
Applicant/Agent's Si nature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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Wetlands and Environmental Planning Group~ Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your belialf in matters related to aquatic
resource (i.e. stream/wetlands) identification/snapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Symphony Park site
Property Address: Sam Furr Rd, Huntersville, NC
Parcel Identification Number (PIN): 01123104
Select one: 1 am other
Name: ZI CL K e P CL I- l 1 G
Company: 5,04,t-N LreeK CDhs�-v�lG�tdr�� In -
Mailing Address: (g fo !) 5•{-U rc r c e l�
DY-11 COr.,�C l, c,s nfG La o3 �
Telephone Number: 10 q— 3 L 3 -10' D--L-
Electronic Mail A> ress: j P o- + t Il a 0 Gi p 1- ci)"
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Property Owner / Int& est uyer* /
-1 4 rC"'0
Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to piu•chase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wedands-epg.com Asheville Office:
10612.-D Providence Rd. 1070 Tunnel Rd., Bldg, I
PMB 550 Suite 10. PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
[e-mail]

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FIGURE
1 6/30/21 VICINITY MAP
Subject to USACE/NCDEQ verification
Gears and More 19
I
I
New NeIghbornuod.
Prepared . ■
DEVELOPMENTSOUTH CREEK
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Drawn
� LL , [e-mail]
[phone]
www. wetlan ds-epg. corn

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Acres: SYMPHONY PARK Prepared for:
+ - 36.31 SOUTH CREEK DEVELOPMENT
Mecklenburg Co., INC Wetlands and Environmental Planning Group
FIGURE
2 AERIAL MAP Drawn By: Reviewed By:
6/30/21 Subject to USACE/NCDEQ verification ALL DCI< r,, • r • 7

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STUDY LIMITS i I
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LOCATION
Lat: 35.4501 N SCALE `L
Long:-80.8257 W 1:24,000 - - --- —
HUC: 03040105 ACRES USGS QUAD
r ROCKY 35.81 Cornelius, NC 1993
Acres: SYMPHONY PARK Prepared for:
+ - 36.31 SOUTH CREEK DEVELOPMENT
Mecklenburg Co., NC Wetlands and Environmental Planning 77771
FIGURE
3 USGS MAP Drawn By: Reviewed By:
6/30/21 Subject to USACE/NCDEQ verification ALL DCK (7 I) 904-2277
7

1 r
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NRCS
Soil Survey Manuscript 11111,
'1
Mecklenburg County 1980
Map Unit Symbol
Map Unit Name
Acres in A01
Percent of A01
CeB2
Cecil sandy clay loam, 2 to 8
121
34.0°%
percent slopes, moderately
eroded
CeD2
5.0
13.4°%
Cecil sandy clay loam, 8 to 15
percent slopes, moderately
eroded
EnB
Enon sandy loam, 2 to 8
6A
17.1%
percent slopes
EnD
Enon sandy loam, 8 to 15
1.7
4.5°%
percent slopes
MC)
Monacan loam, 0 to 2 percent
4.2
11.2°%
slopes, frequently flooded
WkB
Wilkes loam, 4 to 8 percent
1.7
4.6°%
slopes
WkD
Wilkes loam, 8 to 15 percent
3.4
9.0°%
slopes
WkE
Wilkes loam, 15 to 25 percent
2.3
6.2°%
slopes
Totals for Area of Interest
37.51
100.0°%
Acres:
SYMPHONY PARK
Prepared for:
+ - 36.31
Mecklenburg Co., INC
SOUTH CREEK DEVELOPMENT
Wetlands and Environmental Planning
Group
FIGURE
SOIL MANUSCRIPT MAP
Drawn By:
Reviewed By:
4
6/30/21
Subject to USACE/NCDEQ verification
ALL
DCI<
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FIGURE +
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1. UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKRLL
AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS
DISTURBED SURFACES
2. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATION, GRASS DISTURBED
AREAS (SEED. FERTILIZER k STRAW MULCH) STREAM BANK, TOP OF BANK AND
DISTURBED AREAS UPLAND OF STREAM
3. INSTALL COIR FIBER NET/MAT STARTING MINIMUM 12' BELOW WATER SURFACE
ELEVATION AND EXTENDING A MINIMUM 5 BEYOND TOP OF BANK. MINIMUM
SPECIFICATIONS FOR COIR FIBER NET/MAT AS FOLLOWS:
— MIN. THICKNESS OF 0.30 INCHES
— 100% COCONUT FIBER AND WOVEN INTO TONE
— AVG. WEIGHT OF 20 OUNCES/SQ. YD.
4. COIR FIBER NET/MAT SHALL BE SECURELY HELD IN PLACE WITH USE OF WOODEN
STAKED AND WIRE STAPLES (AS NEEDED)
5. INSTALL LIVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING
2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR
ADDITIONAL REQUIREMENTS.
6. INSTALL SILT FENCE W/1WRE REINFORCEMENT ALONG TOP OF BANK (ADJACENT TO
END OF COIR FIBER NET/MAT) FOR WIDTH OF DISTURBED SOILS
WATER SURFACE ELEVATION
COIR FIBER NET/MAT
GRASS (SM, MULCH do FERTILIZE) —
REMAINING DISTURBED STREAM BANK
AREAS INCLUDING TOPS OF BANK
(UNDER COIR NET/MAT)
LIVE STAKE (WLLOWS OR —
SPECIES APPROVED BY
COW/DHEC) FOR FIRST 24'
ABOVE NORMAL WATER
SURFACE ELEVATION
24'3
12't
LIVE STAKES SHALL BE APPROXIMATELY 24'IN LENGTH
2. LIVE STAKES SHALL BE 0.5'-1.5' IN DIAMETER AT THE TIME
OF PLANTING
]. LIVE STAKES SHALL BE BLACK WALLOW OR SPECIES
SPECIFIED BY COE/DH£C OR CONSULTANT
I1.
i. SPECIES SHALLBE DpiMANT AT THE TIME OF ACQUISITIONAND
PLANTING AND LOCALLY GROWI/HARVESTEOS.
LIVE STAKES SHALL BE SPACED Y D.C.
6. LIVE STAKES SHALL BE PLANTED A MINIMUM OF 18' IN N
DEPTH VATH NO MORE THAN 4'-8' OF STAKE EXPOSED
EXTEND COIR FIBER MAT
W BEYOND TOP OF BANK
1-I I i
;-
I EXTEND COIR FIBER NET/MAT
4 1 k l 12' BELOW WATER SURFACE
ELEVATION
STREAM BANK STABILIZATION - LIVE STAKE
TYPICAL DETAIL — N.T.S.
5 ❑ 2.5 5 10
VERTICAL GRAPHIC SCALE
( IN FE>r'1' )
20 ❑ 10 20 40
HORIZONTAL GRAPHIC SCALE
( IN FEET )
INSTALL SILT FENCE
REINFORCED WITH HOG
WIRE AT TOP OF BANK
(EDGE OF CDIR FIBER
NET/MAT)
LARGE ROC[ (SNOT OR IMPORT)
MAY BE USED TO REFORM
STREAM BANK (STACKED), 16' OF
SOIL SHALL COVER STREAM
SIDE FACE OF ROCK STACK.
(USE OF ROCK TO ANCHOR BANK
IS OPTIONAL)

O
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we
jurisdictional
Determination Information

0
WETLAND C/CC
_ -0.07 ac
WETLAND H
y - 0.005 ac �I
' r
x WETLAND G
-0.01 ac M
r
1
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WETLAND I
-0.01 ac
i NCDEQSTREAM
FORM A
a
PERENNIAL
-1,250 If
o - �
�L
"t —NI
' % INT STREAM B
-5001f
"
USACE UPLAND
-�
FORM DPI
5
'
6
NCDEQ
I 1 _
STREAM
FORM B
�
_
r
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it
INTERMITTENT
i
7
STREAM E
O
-50 If
�
� PERENNIAL
STREAM D
-375 If
g
-
73
PROJECT BOUNDARY
r
STUDY LIMITS
ti• � ��� r — INTERMITTENT STREAM F
f....
RAMAH CREEK + -30 If
-80 LF r l
LEGEND
�~ ❑ Project boundary study limits
#1/ Stream
M Wedand
Landscape photo direction
tiLL
Acres: SYMPHONY PARK Prepared for:
+ - 36.31 SOUTH CREEK DEVELOPMENT
� Mecklenburg Co., NC _
FIGURE
14 DELINEATION MAP Drawn By: Reviewed By:
8116119, Subject to USACE/NCDEQ verification NRN LSR
5117121

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Td. SAW-2020-00263 County: Mecklenburg U.S.G.S. Quad: NC- Cornelius
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: South Creek Construction, Inc.
.Take Palilln
Address: 18611 Starcreek Drive
Cornelius, NC 28031
Telephone Number: 704-363-7902
E-mail: ipalillo(i�aol.com
Size (acres) 35.8 Nearest Town Huntersville
Nearest Waterway Ramah Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.4501
Longitude:-80.82_57
Location description: The review area is located on the north side of Sam Fur Road, 0.41 miles southwest of the intersection of
Westmoreland Road and Sam Furr Road. PIN: 01123104.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/16/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity- on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2020-00263
verified, this survey- will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
perinit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Arnly permit may
constitute a violation of Section 301 of tire Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army pennit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or
david.l.shaeffer(ii�usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 3/4/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. if you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this determination you
must submit a completed RFA form to the following address:
US At -my Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
SHAEFFER.DAVI D.LEIGH.1260750573
Corps Regulatory Official: �• Date: 2020.03.040828:15-05'00'
Date of JD: 3/4/2020 Expiration Date of JD: Not applicable

SAW-2020-00263
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/V`p=136:4:0
Copy furnished:
Agent: Leonard S. Rindner, PLLC, WEPG
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(a wetlands-eve.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: South Creek Construction, Inc., Jake Palillo I File Number: SAW-2020-00263 Date: 3/4/2020
Attached is:
See Section below
PROFFERED PERMIT (Standard Permit or Letter of ermission)
A
RED PERMIT (Standard Permit or Letter of ermission)
B
DENIAL
LAPPROVED
C
JURISDICTIONAL DETERMINATION
D
INARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miliMissions/CivilWorks/Re ulatoryProgramandPermits.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 IT 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 IT 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 IT - REQUEST FOR YEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMTT
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.
F CONTACT F QUESTIONS RR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: David L. Shaeffer
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: [phone]
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 opporntunit to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 3/4/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: South Creek Construction, Inc., Jake Palillo,
18611 Starcreek Drive, Cornelius, NC 28031
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 12221 Sam Furr Rd site,
SAW-2020-00263
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
north side of Sam Fur Road, 0.41 miles southwest of the intersection of Westmoreland Road and Sam Furr
Road. PIN: 01123104.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC Countv: Mecklenburg City: Huntersville
Center coordinates of site (]at/long in degree decimal format): Latitude: 35.4501 Longitude:-80.8257
Universal Transverse Mercator:
Name of nearest waterbody: Ramah Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 3/3/2020 by the Corps
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Perennial
35.45020000
-80.82760000
12001f
Non -wetland
404
Stream A
waters
Intermittent
35.45160000
-80.82750000
5001f
Non -wetland
404
Stream B
waters
Wetland C/CC
35.45210000
-80.82740000
0.07 ac
Wetland
404
Perennial
35.45070000
-80.82710000
3751f
Non -wetland
404
Stream D
waters
Intermittent
35.45110000
-80.82660000
so if
Non -wetland
404
Stream E
waters
Intermittent
35.44870000
-80.82690000
301f
Non -wetland
404
Stream F
waters
Wetland G
35.45080000
-80.82790000
0.01 ac
Wetland
404
Wetland H
35.45170000
-80.82760000
0.005 ac
Wetland
404
Wetland 1
35.45060000
-80.82750000
0.01 ac
Wetland
404

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 JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
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 AJD 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 AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD 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 AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be " waters of the U.S. and/or that there "may be " navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 6 dated 8/16/2019
❑Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑X Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
El Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑X U.S. Geological Survey Hydrologic Atlas: Nationalman.6ov
❑X USGS NHD data:
DUSGS 8 and 12 digit HUC maps:
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑X Natural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soils Manservice
❑X National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑X Photographs: ❑ Aerial (Name & Date):
or ® Other (Name & Date): Photos 1-9 dated 7/7/2019
❑Previous determination(s). File no. and date of response letter:
❑Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the CorDS
and should not be relied upon for later iurisdictional determinations.
Digitally signed by
SHAEFFER.DAVID.LEIGH.12
' 60750573
Date: 2020.03.04 08:28:57
-05'00'
Signature and date of Regulatory
staff member completing PJD
3/4/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
1 Districts may establish tinietranies 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.

USACE WETAND FORM C/CC h
WETLAND C/CC INT STREAM B �1y90 '
-0.07 ac 5 -500
USACE UPLAND _� IFE
n
FORM DP1 ;
WETLAND H
- 0.005 ac I -
6 NCDEQ
1 STREAM -
FORM B
WETLAND G
-0.01 ac =
CULVERT
7
O CULVERT
WETLAND
-0.01 ac 3 4 INTERMITTENT
�l
- - STREAM E
-50 If
NCEQ
Hu�dNlsW�llr
STREAM _ �r Pi Distii[t
FORM A [
PERENNIAL
STREAM D
-375 If
PERENNIAL .; _
STREAM A
-1,200 If -
9
_ 8 -,_ .. PROJECT BOUNDARY
'• f _ STUDY LIMITS ot
S.
1 2
- NEVI
r INTERMITTENT STREAM F LEGEND
F -30 If
N a Project boundary study limits
Pv steam
Wfffland
OpDID W / �,
` I jam, i _ � .- '.•� !! Landscape photialdinection
Acres: 12221 SAM FURR RD Prepared for:
+ - 35.81 South Creek Construction, Inc.
� Mecklenburg Co., NC
FIGURE
6 DELINEATION MAP Drawn By: Reviewed By:
8/16/19 Subject to USACE/NCDEQ verification N RN LS R •, • '

a- J
i
O
Q
v
oC
22
Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: SYMPHONY PARK
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
August 11, 2021
Field investigation conducted May 27, 2021, and August 9, 2021
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
I en. ri nd ner@wet Ian ds -epg. co m
www.wetiands-epg.co m
Asheviile Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

Symphony Park - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Symphony Park site (+/- 36.31 acres) is located just west of Westmoreland
Road and just north of Hwy 73 — Sam Furr Road, in Mecklenburg County, North
Carolina. It can be found on the Cornelius, NC USGS Topographic Quadrangle
Map; latitude is 35.4501 N, longitude is-80.8257 W. The topography consists of
upland flats grading into moderate slopes draining to a southerly flowing tributary
to Ramah Creek. The elevation ranges from 720 to 770 ft. (Figure 1). The site
is a former horse farm with a large horse barn centrally located, and there is a
mosaic of old pastures, riding rings, and training enclosures on the uplands. The
slopes and drainages are covered with secondary growth, disturbed mixed pines
and hardwoods. An additional portion of the corridor along the northern side of
Hwy 73 extending to the west was evaluated as part of the site survey.
Figure 1:
LOCATION
Lai: 35.4501 N
I ong: 4308257 W
HUC! 03040105
ROCKY
FlGtfftE
1
�3Qk1
PRCU ECr 60 U N-RV
�40
SCALE r
ACRES USGS QUAD -
36.31 Cornelius, NC 1993
SYMPHONY PARK
Mecklenburg Co., NC
USGS MAP
SLhW ro IIS4CF/NCDE4 �er#Raf1on
r
RAMNI CREEK
d for:
CR EEK DEYELOPME NY
❑'awn By- Renewed By:
ALL DCK
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Symphony Park - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was
referenced to determine the occurrence of Threatened, Endangered and
Protected species for Mecklenburg County North Carolina, the results of which
are listed below (Table 1). Maps and aerial photographs were assembled, and
the site was investigated on May 27, 2021 and August 9, 2021.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on May 27, 2021
Group Name Status Record Status
Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current
decorata
Invertebrate Rusty -patched Bumble Bee Endangered Historic
(Bombus affinis)
Vascular Plants Smooth Coneflower (Echinacea Endangered
laevi ata
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered
schweinitzii)
Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered
Vertebrate Northern Long -Eared Bat (Myotis
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus
leucocephalus)
Threatened
Current
Current
Current
Probable/Potential
Protected under the Bald Current
and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Symphony Park - Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
Three plant species with federal protection are listed as potentially occurring in
Mecklenburg County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered,
is typically found in open habitats which historically have been maintained by
wildfires and grazing bison and elk herds. Now most occurrences are limited to
roadsides, woodland and field edges, and utility rights -of -way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is
typically found in open woods, cedar barrens, roadsides, clear cuts, dry
limestone bluffs and power line rights -of -way, requiring abundant sunlight and
little competition from other plant species.
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires
habitat of sandy forests and woodland edges. This species requires periodic fire
as a part of its ecology.
Four animal species with federal protection are listed as potentially occurring in
Mecklenburg County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle
Protection Act, typically inhabits forested areas near large bodies of open water
such as lakes, marshes, seacoasts and rivers, where there are suitable fish
populations and tall trees for nesting and roosting.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is
restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds
are required for this species. Typically, stable areas occur where the stream
banks are well -vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis) listed as Federally Threatened.
During summer, northern long-eared bats roost singly or in colonies underneath
bark, in cavities, or in crevices of both live and dead trees. Males and non -
reproductive females may also roost in cooler places, like caves and mines. It
has also been found, rarely, roosting in structures like barns and sheds. Northern
long-eared bats spend winter hibernating in caves and mines, called hibernacula.
Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered,
live in colonies that include a single queen and female workers. Rusty -patched
Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble
bees need areas that provide nectar and pollen from flowers, nesting sites
(underground and abandoned rodent cavities or clumps of grasses), and
overwintering sites for hibernating queens (undisturbed soil).
WEPG#00598 4
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Symphony Park - Threatened /Endangered /Protected Species Evaluation
RESULTS:
The site is a former horse farm with a large horse barn centrally located, and
there is a mosaic of old pastures, riding rings, and training enclosures on the
uplands. The slopes and drainages are covered with secondary growth,
disturbed mixed pines and hardwoods. The site is laced with old trails, dirt roads,
and fence lines. There is an overhead power line along the road corridor on Hwy
73 — Sam Furr Road. An additional portion of the corridor along the northern side
of Hwy 73 extending to the west was evaluated as part of the site survey.
Portions of the power line and road corridor had been recently mowed at the time
of the survey.
The disturbed tree cover grades from being dominated by pines on the uplands,
to mixed hardwoods on the slopes. Canopy species include Loblolly Pine (Pinus
taeda), Short -leaf Pine (P. echinata), Virginia Pine (P. virginianus), Willow Oak
(Quercus phellos), White Oak (Q. alba), Southern Red Oak (Q. falcata), Sweet
Gum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), and Red
Maple (Acerrubra). Subcanopy species include Red Cedar (Juniperus
virginiana), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Corpus
f/orida), and American Holly (Ilex opaca). The shrub layer is dominated by
Russian Olive (Elaeagnus umbellate) and Chinese Privet (Ligustrum sinense).
Also present are Multiflora Rose (Rosa multif/ora), and Elderberry (Sambucus
canadensis). Vines include Trumpet Creeper (Campsis radicans), Japanese
Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy
(Toxicodendron radicans), and Catbrier (Smilax sp.). Herbs include Japanese
Stiltgrass (Microstegium vimineum), Christmas Fern (Polystichum
acrostichoides), Elephant's Foot (Elephantopus tomentosus), False Nettle
(Boehmeria cylindrica), and Knotweed (Polygonum sp.).
The abandoned pastures are dominated by pasture grasses and common weedy
species including Orchardgrass (Dactylis glomerate), Kentucky Bluegrass (Poa
pratensis), White Clover (Trifolium repens), Sneezeweed (Helenium sp.), and
Horsenettle (Solanum caroliniense).
Transitional areas along the power line, fence lines, and road edges are
dominated by common weedy species including Johnson Grass (Sorghum
halepense), Sericea Lespedeza (Lespedeza cuneata), Indian Hemp (Apocynum
cannabinum), Broomsedge (Andropogon virginicus), Goldenrod (Solidago sp.),
Ragweed (Ambrosia artemisiifolia), Beggars Ticks (Desmodium sp.), Pokeweed
(Phytolacca americans), Rabbit Tobacco (Gnapthalium obtusifolium), and
Dogfennel (Eupatorium capillifolium).
WEPG#00598
Wetlands and Environmental Planning Group

Symphony Park - Threatened /Endangered /Protected Species Evaluation
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower along the roadsides,
rights -of -way, transitional areas, and woods edges were examined, and
the species was not observed. WEPG concludes Schweinitz's Sunflower
(Helianthus schweinitzii) does not occur on the site.
• All potential habitats for Smooth Coneflower along the roadsides, rights -of -
way, transitional areas, and woods edges were examined, and the species
was not observed. WEPG concludes Smooth Coneflower (Echinacea
laevigata) does not occur on the site.
• All potential habitats for Michaux's Sumac along the roadsides, rights -of -
way, transitional areas, and woods edges were examined, and the species
was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii)
does not occur on the site.
• No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed. WEPG concludes Bald Eagle
(Haliaeetus leucocephalus) does not occur on the site.
• The on -site streams do not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been identified
within this basin. WEPG concludes Carolina Heelsplitter (Lasmigona
decorata) does not occur on the site.
Comparing this site location to the USFWS Range Map for Rusty -patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html)
Mecklenburg County is in it's Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes Rusty -patched Bumble Bee
(Bombus affinis) does not occur on the site.
• Comparing this site location to the USFWS Asheville office's website
(http-//www.fws.gov/asheville/htm Is/project_review/N LE B_in_WNC. htm I)
WEPG concludes the site meets the "exempt" criteria which requires no
further action under section 7 of the Endangered Species Act for the
Northern Long-eared Bat.
WEPG#00598 6
Wetlands and Environmental Planning Group

Symphony Park - Threatened /Endangered /Protected Species Evaluation
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
Lisa R. Gaffney
Biologist
August 11, 2021
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Symphony Park - Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
which led to the purchase of the site by the State of North Carolina Plant
Conservation Program, now called Redlair Preserve. This population has
become a Recovery Site for the species.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 55,000 acres in North and South Carolina, 1996 -
present.
• Participated in numerous Piedmont Prairie restoration projects in both
North and South Carolina.
Wetlands and Environmental Planning Group

USACE Permit Approval

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00263 County: Mecklenburg U.S.G.S. Quad: NC -Cornelius
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Palillo University, LLC
Jake Palillo
Address: 18611 Starcreek Drive
Cornelius, NC 28031
Telephone Number: 704-363-7902
E-mail: ivalillo(&aol.com
Size (acres) 35.8 Nearest Town Huntesrville
Nearest Waterway Ramah Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.4501
Longitude:-80.8257
Location description: The review area is located on the north side of Sam Fur Road; approximately 0.4 miles southwest of the
intersection of Sam Fur Road and Westmoreland Road. PIN: 01123104. Reference review area description shown in the Pre -
Construction Notification entitled "Figure 1, Vicinity Map" and dated 06/30/21.
Description of projects area and activity: This verification authorizes the permanent stream impacts of 112 linear feet (0.015
acres) along with 80 linear feet (0.011 acres) of temporary stream impacts to facilitate the roadway improvements and utility
connections. Of the 112 linear feet of permanent stream impacts, 100 linear feet (0.014 acres) results in the loss of waters. All
temporary stream impacts will be restored to ore -existing conditions after the comnletion of construction.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 14. Linear Transportation Projects and NWP 18. Minor Discharges
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 attached
Conditions, your application signed and dated 8/13/2021, and the enclosed plans Construction Drawings, Sheets 6-13 dated
5/20/2021. 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general 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 [phone]) 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 [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440or brvan.roden-reynolds(a)usace.army.mil.
Bryan Roden -Reynolds
Corps Regulatory Official: 2021.08.18 09:43:57-04'00' Date: 08/18/2021

Expiration Date of Verification: 03/18/2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Grout)
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: Daniel.kuefler( )wetlands-et)g.com

Action ID Number: SAW-2020-00263 County: Mecklenburg
Permittee: Palillo University, LLC, Jake Palillo
Project Name: Symphony Park
Date Verification Issued: 08/18/2021
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
bryan.roden-reynolds@us ace. army. mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

CESAW-RG (File Number, SAW-2020-00263)
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 the administrative history of
actions taken during project evaluation is attached (ORM2 summary) and incorporated
into this memorandum.
NOTE: This template uses the term pre -construction notification (PCN) to identify when
notification is sent to the Corps to evaluate a proposed activity on a case -by -case basis
to ensure that the activity will cause no more than minimal adverse environmental
effects, individually and cumulatively for verification under a general permit. While PCN
is commonly associated with Nationwide Permit (NWP) verification requests, this
document uses the term PCN for notification sent to the Corps for all GP verifications
(i.e., NWPs, Regional General Permits, Programmatic General Permits).
1.1 Applicant name: Palillo University, LLC, Jake Palillo
1.2 Activity location: Latitude: 35.4501 Longitude:-80.8257 Location description: The
review area is located on the north side of Sam Fur Road; approximately 0.4 miles
southwest of the intersection of Sam Fur Road and Westmoreland Road. PIN:
01123104. Reference review area description shown in the Pre -Construction
Notification entitled "Figure 1, Vicinity Map" and dated 06/30/21.
1.3 Description of activity requiring verification -This verification would authorize
the permanent stream impacts of 112 linear feet (0.015 acres) along with 80 linear
feet (0.011 acres) of temporary stream impacts to facilitate the roadway
improvements and utility connections. Of the 112 linear feet of permanent stream
impacts, 100 linear feet (0.014 acres) results in the loss of waters. All temporary
stream impacts will be restored to pre-existing conditions after the completion of
construction.
1.4 Existing conditions and any applicable project history:
After -the -fact: No.
1.4.1 Jurisdictional Determination:
Is this project supported by a Jurisdictional Determination? Yes, Preliminary
Jurisdictional Determination 3/4/2020
1.5 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)

CESAW-RG (File Number, SAW-2020-00263)
1.6 Applicable Permit: NWP 14. Linear Transportation Projects and NWP 18.
Minor Discharges
1.7 Waiver Discussion:
Does the activity require a written waiver of the NWP limits? No.
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 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 is a former horse farm and there is a
mosaic of old pastures, riding rings, and training enclosures on the
uplands. Slopes and drainages are covered with secondary growth and
mixed pines and hardwoods.
2.3 Coordination
2.3.1 Interagency Coordination
Was the PCN coordinated with other agencies? Yes. 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 Corps internal coordination
Was the PCN coordinated with other Corps business lines? No.
3.0 Mitigation
3.1 Avoidance and minimization

CESAW-RG (File Number, SAW-2020-00263)
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.
Describe other mitigative actions including project modifications implemented to
minimize adverse project impacts? (see 33 CFR 320.4(r)(1)(i))
Impacts associated with the proposed development were limited through site selection,
design, and location/orientation of the proposed lots and access routes. To provide
adequate access and utilities to the site, Sam Furr Road will be widened and graded per
NCDOT requirements to accommodate turn lanes.
3.2 Compensatory mitigation requirement
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 0.03 acres. There are no specific circumstances that would
warrant compensatory mitigation.
4.0 Compliance with Other Laws, Policies and Requirements
4.1 Section 7(a)(2) of the Endangered Species Act (ESA)
4.1.1 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.
4.1.2 Lead federal agency for Section 7 of the ESA
Has another federal agency taken steps to document compliance with Section 7 of the
ESA and completed consultation(s) as required? No.
4.1.3 Listed/proposed species and/or designated/proposed critical habitat

CESAW-RG (File Number, SAW-2020-00263)
Are there listed or proposed species or designated critical habitat or proposed critical
habitat that may be present or in the vicinity of the Corps' action area? No. The Corps
has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the
ESA.
IPAC Species in Mecklenburg County:
NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened
NAME: Carolina Heelsplitter (Lasmigona decorata) STATUS: Endangered
NAME: Rusty -patched bumble bee (Bombus affinis) STATUS: Endangered
NAME: Michaux's sumac (Rhus michauxii) STATUS: Endangered
NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered
NAME: Smooth coneflower (Echinacea laevigata) STATUS: Endangered
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program's
NHEO data, there are no protected species located within or in the vicinity of the
action area. In addition, on August 18, 2021, the Corps consulted the North
Carolina Natural Heritage Program database for the presence/absence of
federally -listed species; therefore, the proposed project would have no effect on
any of the federally -listed species in Mecklenburg County.
4.1.4 Section 7 ESA consultation \
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).
The USACE reviewed this project in accordance with (IAW) the NLEB
Standard Local Operating Procedures for Endangered Species (SLOPES)
between the USACE, Wilmington District, and the Asheville and Raleigh
U.S. Fish and Wildlife Service (Service) Offices, and determined that the
action area for this project is located outside of the highlighted areas/red
12-digit HUCs and activities in the action area do not require prohibited
incidental take; as such, this project meets the criteria for the 4(d) rule and
any associated take is exempted/excepted. IAW the NLEB SLOPES, the
USACE sent a Situation 1 email to the Service on August 18, 2021,
informing them about this project.
Service Concurrence: as established in the NLEB SLOPES, this project
does not require prohibited intentional take of the NLEB and it meets the
criteria for the 4(d) rule; therefore any associated take is exempt and it is
not necessary for the USACE to wait 30 days for the Service to object or
concur.
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.

CESAW-RG (File Number, SAW-2020-00263)
4.2 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.
4.2.1 Lead federal agency for EFH provisions of the Magnuson -Stevens Act
Has another federal agency taken steps to comply with EFH provisions of Magnuson -
Stevens Act with the Corps designated as a cooperating agency and has that
consultation been completed? No.
4.2.2 Magnuson -Stevens Act
Did the proposed project require review under the Magnuson -Stevens Act? No.
If "yes," state that the district engineer determined the proposed activity may adversely
affect EFH and thus requires EFH consultation with NMFS.
4.3 Section 106 of the National Historic Preservation Act (Section 106)
4.3.1 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.
4.3.1 Lead federal agency for Section 106 of the National Historic Preservation Act
Has another federal agency been identified as the lead federal agency for complying
with Section 106 of the National Historic Preservation Act with the Corps designated as
a cooperating agency and has that consultation been completed? No.
4.3.2 Historic properties
Known historic properties? No. Based on the NCDCR "HPOWEB" service and aerial
photographs, there are no known historic properties located in the permit area or
in close proximity to the permit area. On August 18, 2021, the Corps consulted

CESAW-RG (File Number, SAW-2020-00263)
the most recent version of the North Carolina State Historic Preservation Office
for the presence or absence of historic properties within and/or in close proximity
to the permit area. No properties are listed within and/or close proximity to the
permit area.
Effect determination and basis for that determination: The Corps has determined the
proposed action has no potential or little likelihood to cause effect to any historic
property listed, or eligible for listing, in the National Register of Historic Places
because there are no known historic properties within or in close proximity to the
Corps permit area.
4.3.3 Consultation with the appropriate agencies, tribes and/or other parties for effect
determinations
Consultation was initiated and completed with the appropriate agencies, tribes and/or
other parties for any determinations other than "no potential to cause effects." (see the
attached ORM2 Summary sheet for 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.
4.4 Tribal Trust Responsibilities
4.4.1 Tribal government -to -government consultation
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 were addressed.
N/A
4.4.2 Other Tribal consultation
Other Tribal including any discussion of Tribal Treaty rights? No. There are no known
tribal interests in the project area.
4.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
4.5.1 Section 401 WQC requirement
Is a Section 401 WQC required, and if so, has the certification been issued or waived?
A general WQC has been issued for this permit.

CESAW-RG (File Number, SAW-2020-00263)
4.5.2 401(a)(2) Process
If the certifying authority granted an individual WQC, did EPA make a determination that
the discharge `may affect' water quality in a neighboring jurisdiction? No
If Yes, provide an explanation of the determination of the effect on neighboring
jurisdiction.
N/A
4.6 Coastal Zone Management Act (CZMA)
4.6.1 CZMA consistency concurrence
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.
4.7 Wild and Scenic Rivers Act
4.7.1 National Wild and Scenic River System
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.
4.8 Effects on Corps Civil Works Projects (33 USC 408)
4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33
USC 408)
Does the applicant also require permission under Section 14 of the Rivers and Harbors
Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a
Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near
the vicinity of the proposal.
4.9 Other (as needed)
N/A
4.10 Compliance Statement
The Corps has determined that it has fulfilled its responsibilities under the following
laws, regulations, policies, and guidance:

CESAW-RG (File Number, SAW-2020-00263)
5.1
Table 3 — Compliance with Federal Laws and Res onsibilities
Laws, Regulations, Policies, and
Guidance
Yes
N/A
Section 7 a 2 of the ESA
X
EFH provisions of the Magnuson -Stevens
Act
X
Section 106 of the NHPA
X
Tribal Trust
X
Section 401 of the CWA
X
CZMA
X
Wild and Scenic Rivers Act
X
Section 408 - 33 USC 408
X
Other: Select N/A or enter other laws,
regulations, policies, and guidance identified
in Section 4.9 above.
X
Special Conditions
Special condition(s) requirement(s)
Are special conditions required to ensure minimal effects, ensure the authorized activity
is not contrary to 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.
6.0 Determination
6.1 General Permit Statement
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.
6.2 Compliance Statement
This activity, as described, complies with all terms and conditions of the permits
identified in Section 1.5.
PREPARED BY:
Bryan Roden -Reynolds
2021.08.18 09:43:32
-04'00' Date: 08/18/2021
Bryan Roden -Reynolds

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1. UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKFILL
AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS
DISTURBED SURFACES
2. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATION, GRASS DISTURBED
AREAS (SEED, FERTILIZER & STRAW MULCH) STREAM BANK, TOP OF BANK AND
DISTURBED AREAS UPLAND OF STREAM
.'n INSTALL COIN FIBER NET/MAT STARTING MINIMUM 12' BELOW WATER SURFACE
ELEVATION AND EXTENDING A MINIMUM 5' BEYOND TOP OF BANK. MINIMUM
SPECIFICATIONS FOR COIN FIBER NET/MAT AS FOLLOWS:
- MIN. THICKNESS OF 0.30 INCHES
- 100% COCONUT FIBER AND WOVEN INTO TWINE
- AVG- WEIGHT OF 20 OUNCES/SO. YO.
4. COIN FIBER NET/MAT SHALL BE SECURELY HELD IN PLACE WITH USE OF WOODEN
STAKED AND WIRE STAPLES (AS NEEDED)
5. INSTALL LIVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING
2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR
ADDITIONAL REOUfRENENTS,
6. INSTALL. SILT FENCE "RE REINFORCEMENT ALONG TOP OF BANK (ADJACENT TO
END OF COIR FIRER NET/MAT) FOR WIDTH OF DISTURBED SOILS,
WATER SURFACE ELEVATION
1. LIVE STAKES SHALL BE APPROXIMATELY 24'IN LENGTH
2. LIVE STAKES SHALL BE 0.5'-1.5' IN DIAMETER AT THE 71ME
OF PLANTING
3. L1V£ STAKES SHALL BE BLACK MALLOW OR SPECIES
SPECIFIED BY COE/DH£C OR CONSULTANT
4. SPECIES SHALL BE DORMANT AT THE TIME OF ACWISIT10N
AND PLANTING AND LOCALLY GROWN/HARVESTED
5. LIVE STAKES SHALL BE SPACED Y D.C.
6. LIVE STAKES SHALL BE PLANTED A MINIMUM OF 18' IN
DEPTH MATH NO MORE THAN 4'-S' OF STAKE EXPOSED
EXTEND COIR FIBER MAT INSTALL SILT FENCE
O WITH HOG
VARE AT T
5' BEYOND TOP OF SANK XIR£ AT TOP OF BANK
' (EDGE OF COIN FIBER
NET/MAT)
COIR FIBER NET/MAT
�I-_I �IIIIi fll` 1
GRASS (SO, MULCH & FERTILIZE) I —I
REMAINING DISTURBED STREAM BANK
AREAS INCLUDING TOPS OF BANK "I 1 I_ LARGE ROCK (SHOT OR IMPORT)
I MAY BE USED TO REFORM
(UNDER COIN NET/MAT)
STREAM BANK (STACKETI), 18' OF
�— SOIL SHALL COVER STREAM
SIDE FACE OF ROCK STACK.
I (USE OF ROCK TO ANCHOR BANK
IS OPTIONAL)
LIVE STAKE WILLOWS OR —
ODW/DSPECIES APP OVER BY
FIRST
COW/DH£C) FOR FIRST 24'
ABOVE NORMAL WATER
SURFACE ELEVATION
24't
12't
EXTEND COIN FIBER NET/MAT
12' BELOW WATER SURFACE
ELEVATION
STREAM BAND STABILIZATION - LIVE STAKE
TYPICAL DETAIL — N.T.S.
5 ❑ 2.5 5 10
VERTICAL GRAPHIC SCALE
( IN FEET )
20 ❑ 10 20 40
I i _
HORIZONTAL GRAPHIC SCALE 13