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HomeMy WebLinkAbout20211373 Ver 1_ePCN Application_20210914DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20211373 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 'Information for Initial Review la. Name of project: Heritage - Kolter - Phases 11-14 la. Who is the Primary Contact?* Sean Clark 1b. Primary Contact Email:* SClark@SageEcological.com Date Submitted 9/14/2021 Nearest Body of Water Price Mill Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.0342-80.6772 A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* IT $240.00 r" $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (919)559-1537 Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 8/11/2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form (13) (1).pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 49.82KB r 401 Water Quality Certification - E>q)ress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner fJ Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: VK Heritage, LLC 2b. Deed book and page no.: DB 7243 PG 300; DB 7243 PG 300 2c.Contact Person: David Goracke r Yes r No r Yes r No 2d.Address Street Address 9121 Anson Way Address tine 2 Suite 200 city Raleigh Postal / Zip Code 27612 2e. Telephone Number: (919)868-6564 2g. Email Address:* dgoracke@kolter.com 3. Applicant Information (if different from owner) 3a. Name: Sean Clark 3b. Business Name: Sage Ecological Services, Inc. 3c.Address Street Address 3707 Swift Drive Address tine 2 city Raleigh Postal / Zip Code 27606 3d. Telephone Number: (919)559-1537 3f. Email Address:* SClark@SageEoological.com 4. Agent/Consultant (if applicable) State / Rwince / Rion NC Country USA 2f. Fax Number: State / Rwince / Region NC Country USA 3e. Fax Number: 4a. Name: Sean Clark 4b. Business Name: Sage Ecological Services, Inc. 4c.Address Street Address 3707 Swift Drive Address Line 2 (Sty State / PrWnce / F bgim Raleigh NC Postal / Zip Code Country 27606 USA 4d. Telephone Number: 4e. Fax Number: (919)559-1537 4f. Email Address:* SCla rk@Sa g e Ecolog iral. com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) Heritage 1c. Nearest municipality/ town: Indian TrailNillage of Wesley Chapel O 2. Project Identification 2a. Property Identification Number: 07120005A;07120005E 2b. Property size: +/- 105.07 2c. Project Address Street Address 0 Hawfield Road Address tine 2 City Indian Trail/Village of Wesley Chapel Postal / Zip Code 28079 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Price Mill Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030202 4. Project Description and History State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Site is located approximately 0.3-mile northwest of the Wesley Chapel Road and Hawfield Road intersection in Wesley Chapel, Union County, NC. The Site is comprised of several recombined parcels. The majority of the land within the proposed phases 11-14 remains forested with hardwoods and interspersed pines in the north and western section. The proposed phases 11-14 that the requested impact will access were not part of the Heritage Subdivision at the time of the previously permitted impact (SAW-2017-01272). An overhead utility easement runs along the eastern edge of the proposed phases 11-14 which was previously the western boundary of the Heritage Subdivision. Existing sewer easements run through the property as well. Surrounding land is residential or forested/agriculture. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2017-01272 4f. List the total estimated acreage of all existing wetlands on the property: 0.01 acres 4g. List the total estimated linear feet of all existing streams on the property: 7,452 linear feet 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct Phases 11-14 of the Heritage Subdivision to provide additional housing to meet the demand in this area. Specifically, the proposed project involves a single-family residential development including associated driveways, access roads, community amenities, greenways, and stormwater control measures. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Proposed phases 11-14 will consist of 5 roadway sections, approximately 128 single-family residential lots, stormwater control devices, and utilities (water, wastewater, electrical, etc.) typically required for a residential subdivision. Roads and lots were positioned to reduce and/or avoid impacts to streams and wetlands on the Site. The proposed road crossing was designed to cross perpendicular to the jurisdictional stream feature. There are 7,452 linear feet of stream onsite, of which only 61 linear feet will be permanently impacted. Riprap used to dissipate high flow energy will be placed in the stream below the culvert and will be keyed into the soil so as not to extend above the existing ground (bed and bank) elevation. No wetland impacts are proposed. Heavy equipment typically used for road construction and land clearing will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2017-01272 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Greg Antemann and Kelly Thames Agency/Consultant Company: Other: Carolina Wetland Services, Inc. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A PJD was issued for the Project on December 7, 2017 after conducting a site meeting on November 2, 2017. A site meeting was held with Mr. Alan Johnson of NCDWR in April of 2017 however no formal approval was requested or provided. 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 6b. If yes, explain. Phases 1-10 were previously permitted in 2017. The proposed phases 11-14 vmere subsequently purchased and added to the residential project. No other phases are proposed. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? No. D. Proposed Impacts Inventory U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries ❑ Buffers r Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ (?) Jurisdiction* length* S1 Road crossing 9 Permanent Culvert Price Mill Creek Perennial Both 12 61 Average (feet) (linearfcet) S2 Road crossing 9 Permanent Stabilization Price Mill Creek Perennial Both 12 55 Average (feet) (linearfcet) H Road crossing Temporary Dewatering Price Mill Creek Perennial Both 12 20 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 116 31. Total stream and ditch impacts: 136 31. Total temporary stream impacts: 20 3j. Comments: Road crossing includes 55 linear feet of permanent, no -loss impact resulting from the placement of riprap below the culvert. The riprap vdll be keyed into the eAsting soil surface to result in a permanent impact but not a loss of stream or function, which usually does not require mitigation. Additional, an area 10 feet above and 10 feet below (20 feet total) the proposed crossing will temporarily be impacted for dewatering during construction. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: There are 7,452 linear feet of stream onsite, of which only 61 linear feet will be permanently impacted. No wetland impacts are proposed. The proposed phases 11-14 proposed only one road crossing and avoided general lot fill in wetlands and streams. Utilities will be within the proposed road footprint and/or will tie into epsting easements to further avoid additional impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. The Project will be phased so as to prevent large areas of land disturbance that could contribute to sediment runoff into the streams and wetlands. 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee F Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 61 4d. Buffer mitigation requested (DWR only): (squarefeet) 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments A 2:1 ratio is proposed to offset the permanent impacts resulting from the culvert impact. The NCDMS is being utilized to satisfy the mitigation requirements because no other privately provided mitigation credits were found to be available servicing this drainage area. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The Catawba River Basin only has buffers on the main stem. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r' Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations Comments: The applicant requests the 401 Certification approval be conditioned to require the approval of the stormwater management plan prior to any approved impacts may be conducted. G. Supplementary Information u 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes f• No 3b. If you answered "no," provide a short narrative description. The owner does not anticipate purchasing any additional adjacent properties. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r- Nor NtA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Municipal sewer is available to the site. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP database. See attached correspondence from the NCNHP. Also, see additional attached T&E information primarily concerning the Schweinitts Sunflower. A request for USF&WS concurrence has been sent to the Asheville office but a response has not yet been received. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NCSHPO database. Database search revealed 3 onsite properties. One is Surveyed Only Property, one is Study List Property and One is Study List Property - Gone. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The southeast portion of the site contains a 100-year floodplain, Zones A, V, A99, however no impacts are proposed in this area. See attached floodplain information. 8c. What source(s) did you use to make the floodplain determination?* FEMA panels 3710540700J and 3710540600J Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. nick the upload button a drag and drop files here to attach docunenl 02 - Heritage 2021 PCN Cover Letter (1) (2).pdf 169.93KB 03 - signed agent authorization form for 2017.04.pdf 786.84KB 04 - Figure 1- USGS Topo Map.pdf 1.09MB 05 - Figure 2 - NRCS Soils Map.pdf 1003.62KB 06 - Figure 4 - NC SHPO Map.pdf 1.05MB 07 - NCNHP Report (2021) for Heritage Subdivision phases 11-14.pdf 1.04MB 08 - Heritage Impact Maps - 2021-08-26 - KLP19000-Impact Exhibit (2).pdf 2.84MB 09 - ORM_Upload _Sheet _ Consolidated_MNPR_20200626 (2021.052) (5).x1sm - Impacts.pdf 29.11 KB 10 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM (post USACE site meeting).pdf 230.81 KB 11 - Heritage -- Wetlands Report by CWS.pdf 4.21 MB 12 - PJD approval and NWP 29 approval (SAW-2017-01272).pdf 9.3MB 13 - Heritage Tax Map 2.pdf 170.94KB 13 - Heritage Tax Map 1.pdf 194.06KB 14 - 21-04-1603R_316_AD02 (1).pdf 51.93KB 15 - 2018 occurence map Heritage_2020 (1).pdf 1.38MB 16 - Heritage Subdivision T&E Report (05-14-20) (1).pdf 3.1 MB 17 - Tier_1_Clip.)dsx- Tier_1_Clip.pdf 35.51 KB 18 - Union County Endangered Species, Threatened Species, and Candidate Species.pdf 153.08KB File the FDFa ME Comments Attachments: Pre -construction Notification (PCN) Application Form PCN Cover Letter Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 4-NCSHPO Map NCNHP Database Report Impact Map USACE ORM Spreadsheet Heritage Property PJD Form Heritage Wetlands Report by CWS PJD approval and NWP 29 approval (SAW-2017-01272) Heritage Tax Map 1 Heritage Tax Map 2 FEMA and NC Flood Mapping Correspondence 2018 Elemental Occurrence Map Heritage T&E Report Tier 1 T&E Report Union County Endangered Species Report Signature * P By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Ian McMillan Signature Date 9/14/2021 SAGE ECOLOGICAL SERVICES E5 .21116 September 13, 2021 US Army Corps of Engineers Charlotte Regulatory Office % Asheville Regulatory Office Attn: Mr. Bryan Roden -Reynolds US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Re: Heritage 2021 Request for NWP 29, GC 4526 Sage Project #2017.04-2021 NC Division of Water Resources 401 & Buffer Permitting Office 512 N. Salisbury Street Raleigh, NC 27604 On behalf of David Goracke and VK Heritage, LLC (applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Heritage 2021 (Project) may proceed under Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256). Protect Purpose and Location The proposed project involves a single-family residential development including associated driveways, access roads, community amenities, greenways, and stormwater control measures. The +/-105.07-acre tract is located at 0 Hawfield Road, within the Town of Indian Trail and Village of Wesley Chapel, in Union County, The coordinates of 35.0342,-80.6772 generally correspond to the center of the Site. Protect Detail The proposed Project consists of the construction of a single-family residential development with associated driveways,roads and utilities. Municipal water and sewer are available to the site. Access to the Site will be from the existing Wesley Chapel Road. Heavy equipment typically used for utility installation projects (e.g. backhoes, bulldozers, etc.) will be utilized. No federally threatened or endangered species are listed to occur within 1 mile of the Project according to the NC Natural Heritage Program (NHP) Database (see attached report dated August 6, 2020). The Site itself is not listed as a historic property. There are two historic properties located within 1.0 mile of the Site based on a query of the North Carolina State Historic Preservation Office (NCSHPO) database. One is listed as "Surveyed Only", and the other is listed as "Surveyed Only - Gone". Figure 4 depicts the locations of these properties in relation to the Site. NCSHPO may have comments during the permitting process but their comments should not prohibit the proposed activities on the Site. Project History The site is primarily undeveloped and mostly wooded. Surrounding areas are rural with a mix of farmland and undeveloped wooded areas. Mr. David Gainey of Sage Ecological Services, Inc., performed a wetland and stream delineation.PJD request materials are attached to this application. Avoidance and Minimization Heritage Page 1 of 2 There are 7,452 linear feet of stream onsite, of which only 61 linear feet will be permanently impacted. No wetland impacts are proposed. The proposed phases 11-14 proposed only one road crossing and avoided general lot fill in wetlands and streams. Utilities will be within the proposed road footprint and/or will tie into existing easements to further avoid additional impacts.Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. The Project will be phased so as to prevent large areas of land disturbance that could contribute to sediment runoff into the streams and wetlands. Project Impacts All onsite wetlands have been avoided, permanent mitigable stream impacts total 61 linear feet of perennial stream. No other impacts are proposed. Mitigation Permanent perennial stream impacts of 61 linear feet are proposed to be mitigated at a 2:1 ratio. If you have any questions, please call me at (919) 559-1537. Sincerely, Respectfully submitted: Sean Clark Sage Ecological Services, Inc. Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 4-NCSHPO Map NCNHP Database Report Impact Map USACE ORM Spreadsheet Heritage Property PJD Form Heritage Wetlands Report by CWS PJD approval and NWP 29 approval (SAW-2017-01272) Heritage Tax Map 1 Heritage Tax Map 2 FEMA and NC Flood Mapping Correspondence 2018 Elemental Occurrence Map Heritage T&E Report Tier 1 T&E Report Union County Endangered Species Report Ian McMillan Sage Ecological Services, Inc. Heritage Page 2 of 2 Name: Address: SAGE ECOLOGICAL SERVICES T. 2016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative J.-. -_ L 1 / Phone: CN1c`�\ —��S— Email: t i V-' t.')L- t— Project Name/Description: Sage Project # 2017.04 Date:,s� The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. BY: 6—& r a �i� ti BY: Print Name of Landowner or Signatur downer or Legal Representative Legal Representative IV142[J LVGQIIVII CABARRUS MECKLENB71InANSON TANG, 7'P0 i USGS Topo Map Heritage Subdivision Phases 11-14 Sage Project # 2017.04 N Matthews, NC Quadrangle USGS Topo Mapserver 2021 September 13, 2021 0 500 1,000 Feet v2. c� F%ooG yam`" 0 aProject Study Area Figure 1 SAGE EC LOGICAL SERVICES EST. A Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 �� r� �lrhiy HJ62 `� _ �j Sac BaB ti Ltd P'Ile, J CIA ~�_ • YL �'•;iL•� _ r ' r r Hudson Ci rW iviap Locaiion CABARRUS STANLY MECKLENBURG • UNION ANSON r E-:iC' r NRCS Soils Map Heritage Subdivision Phases 11-14 Sage Project # 2017.04 N Union Co.Soil Survey 1996 Sheet No. 17 September 13, 2021 0 500 1,000 Feet trrl Project Study Area 1 Figure 2 SAGE ECOLOGICAL SERVICES Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 r O - o, c B,�n G c :k s 0 c S 3 rzE ,t Ot P°tle �a Rrver ejdnOherd Cir .9 a000 Courtii eld Or co, R e Ln d y .:r CD ti rb o 4 s Ree°den Pond on o ; Ol k Nels°n Rd 3 cottsdate D 6rrdge Oaks Dr C ec 4^ � ?a of o c�too A c j1et� o �a et � � U e J C $ C Y m "°� Pattern Brick Chn c Powder (Approximate s d 94 '� UN0879 q 0 Ot /ro qe O� o` O, o e o n c O \' O 0 �a NL A � o- OV '9 3 4� ro° 19, °c Spring Oak pr / ANL d 4 Beulah 4' ur°h R orr ^�a Project Study Area G\° P\o o� 1-Mile Project Buffer e� s�\ ❑ Study List Property Surveyed Only Property a "yip O Study List Property - Gone IV142[J LVGQIIVII CABARRUS STANLY ME CKLENBURG • UNION ANSON y O tap \c a o\1 r�F e11J el % Q O Farming 3 ooP \\e.� d `yoy OaM P e a *p` Po S ec`etGo c�too De0` quo 2 C^ O aoy 4 o off' 0, Ol 31 aP 4 ( ° o eq Co ° - Cir O, C. Hilton - 'I°7eY 0, scent Or pow Foff 9 9 � 4 � Magoa Ln °mP e� m 6 � �� T ce O, i�W field Symphony t-° William D. Hawfield .11 House (Gone?) ° UN0158 Scmmer �e jry A. Rry � r lain 0 Ao coo a ? e\tea •O� i °o O Q; °A .T e ♦ y o\O 11- Q n` a M ay t\ Houston Family House U a.. �UN0187 (`, of dm,n a Rd Alpffie °ne Or Np9h Cr 0 y Or n NC SHPO Map Heritage Subdivision Phases 11-14 Sage Project # 2017.04 N NCSHPO GIS Data Downloaded September 1, 2021 September 13, 2021 0 1,000 2,000 Feet Figure 4 ECOLOGICAL SERVICES Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 Roy Cooper, Governor R ONO ■■ 0 NC DEPARTMENT OF ■nsom NATURAL AND CULTURAL RESOURCES ■ ■■wI August 17, 2021 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Heritage Subdivision phases 11-14; 2017.04 Dear Sean Clark: D. Reid Wilson, Secretary Walter Clark Director, Division of Land and Water Stewardship NCNHDE-15441 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory_/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerCo)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES / - § \ \ 22 \ 0 a G \ ƒ / G _ a 2 z ° c u @ § % .g % z m f % c ° q U ro ® § \ / \ E S % a m ®2 / %% 30 f / J\ D \ D 0I \ E E /4 \z @ 2 0 o Ie �/ / j % % \o o // ' o ro / »_ a) a) 4 = a It /\ 2# ° \)® UU > /g \\ /% §fo® @ 2 -- ro U) 3 § � 0 fo /C//\ c fo ~ �% h £. 9 & 2 §/ƒ/� �\ J %> 0 / } 4 9 4- o e e c kU\k/ / / / \C %\E / cQ Z e % Sƒ c % £ 9 ^ �» « / @ m / 41 § \ G) ° z / / ( \ c ] E / / ƒ \ § \ ° E 4-o 2 2 « ° ~ E e e m$ f U U U 0Q / °) @ 0 / \ E ro / \) £ \ c § m U ƒ m> 3@ 3 / %@ 3 E f o •0 \ g \ f / k \ ro I 5 2 2 2w > 0 / \/ / \/ / / 41 \\ � j / / / \ / \ \ § .0 a) mO @— O E ° O \c LO Q / Cp \ / \ )\ O — ) @ 6 § \ �f ° u / 2 @ =- E \ \ 4 _> § \ § \ c o 4@ 4 f e/ § % 0 o= {\ ƒ\ f f f ± / / = ± 3 ± \ / / / ) N +' c M M M N ro fu U) U) U) U) ro M C (� O ro NLO � (� i N O) Cro c w iro 7 N M w O O N m U ro ro c Oro ro U ro Cro 7fo O O LL - ro ro ro ro ro ro -C > N > N ro ro L m � r N Q U N N C N 4- O n ro — 4- O U N N _0 4- ro LL U) N E N > U c O D i ro 7 U C Q F � C N U N c fu E i C (6 N Q N O 7 U ry U) W U O G) -C 0) cl O c O N L c O - W O .fu O a-' co N �0+- 7 ro-0 N 0) U i Q J N ro oQz O a N o Q r a fu � � 7= ro z ° E N N ro Z U O E 7 O U U E o O mU C O N E ro c _N W � N 3fo ro Z U O = O O E C .O 7 U (% ro Z O n M M � — c m (o i C .0 U N Q � N O � U � i i M N i N O) C c w N N C c w E = m = c O ro ro T U � N W 7 U U U O �� N O Q •X 7 U 7 L o C N C 4- 0 ro C ro +' U N O N T N C a z U Z 7 0 N O N n � w 7 Q � c a o= -0z a)U ro Z N a) c a) O T _0 7 -0 � T 7 C a� O U o a N 2? -0 o C: � o U � w O N o � U � C w T C a) O c O c C: w �7 n+� O O 7 C O N u 0 M N a \1 L, a CU Z 7 Z o co Q o Np %> Z N N d O a. m Z a — — PROPERTY LINE OVERALL % IMPERVIOUS = ±XX% — — — RIGHT—OF—WAY LINE (XX.XX AC/XXX.XX AC) LOT LINE SETBACK LINE EASEMENT LINE WETLANDS 250 MAJOR CONTOUR 252 MINOR CONTOUR = ` --250 -______ EXISTING MAJOR CONTOUR EX-3 —252 EXISTING MINOR CONTOUR ki �i r\—j-�\—\xLP 1-1\oa o\1-- I—--lbll dw aueimu s 12 sz 11,no"ezome,a sam NONE The J,h"RM,AdlmsC"mnl"v."< I HERITAGE SUBDIVI N GRAPHIC SCALE 0 150 300 600 1 inch - 300 ft. I PLAN INFORMATION smieizo PROJECT NO. KLP-19000 «a,1"1=e N�zaz» PHASES 11-14 FILENAME KLP19000impa tE M1i6' it n"one J04,52 °s°° OVERALL IMPACT OVERVIEW CHECKED BY JEW f_,11.111.22eo DRAWN BY SRM "e"_111 C-1211 OLD EVERGREEN PARKWAY SCALE 1"=300' MCADAMS v,v,.mlaaams-- TOWN OF INDIAN TRAIL & VILLAGE OF WESLEY CHAPEL, NORTH CAROLINA 28079 DATE 08. 11. 2021 LIMITS OF DISTURBANCE (TYP.) HEADWALLS STREAM TEMPORARY IMPACT ST1 — 10 LF; 386 SF STREAM PERMANENT IMPACT SP1 — 61 LF; 1722 SF ROAD CROSSING REQUIRED — FOR EMERGENCY ACCESS AND SITE ACCESS OLD E PARIZVf/AY I o+oo BLIC R/W) c \ I C - al al al al �\ ENDWALL ) c I STREAM PERMANENT —NO c I LOSS IMPACT I SP2 — 55 LF; 1502 SF I STREAM TEMPORARY IMPACT ST2 \ 10 LF; 237 SF I alp al \ CREEK BANK \ I (TYP.) I \ I I I I RIPRAP TO BE INSTALLED AT EXISTING BED ELEVATIONS PROFILE VERTICAL GRAPHIC SCALE 590 0 2 4 8 1 inch = 4 ft. PROFILE HORIZONTAL GRAPHIC SCALE 587 0 20 40 So 1 inch = 40 ft. 0+00 EX-4 NONE Th—hn R. McAdams Company, nc. g RIPRAP PROFILE BYPASS PUMPING (INCLUDES SUCTION HOSE, DISCHARGE HOSE, ENERGY DISSIPATION, AND DEWATERING DEVICE) 60 LF 11' CMP CULVERT (BURIED) I INV IN=586.23 INV OUT=584.85 (2) 60 LF CORRUGATED PIPE ARCH —+ 83' RISE X 128" SPAN \ INV IN=590.23 INV OUT=588.85 1 d 9 I .1 � I I I 0 0 \ O+Zso I I I \ o 0 o) I I I 0 0 o 6 o I I l I I s/ \ I II \ /*A \ J /\ I al al I I o ? I ` RIPRAP TO BE INSTALLED AT EXISTING BED I / \ ELEVATIONS `) BYPASS PUMPING (INCLUDES I \ \ SUCTION HOSE, DISCHARGE HOSE, ENERGY DISSIPATION, I AND DEWATERING DEVICE) I I -EXISTING GRADE =. =, QUO`• - PLANGRAPHICSCALE 590 ••GINEpp�op`` o ooao «....Wpp,,�� rOrrgn Q Bmo,�� 1 inch = 20 ft. SITE LEGEND 587 TEMPORARY IMPACT PERMANENT IMPACT PERMANENT NO LOSS IMPACT 0+60 /zo2 HERITAGE SUBDIVISION I PLAN INFORMATION ■J' s°"e'C1° PHASES 11-14 FILENA E KLP_19DDD Charlotte, NC 28n2 FILENAME K1P190001mpa[tE hi6' it phone )a4. 52�. 08oa CECKED BY 1BW H ra,ai9. aei. zz69 IMPACT INSET DRAWN By sRM i�cen:e numher: C-0293 PLANSCALE 1'=20' MCADAMS TOWN OF INDIAN TRAIL EVERGREEN PARKWAY PROP LESCALE 1'=40yr'=4 �,.m�aaams�o.�om AIL & VILLAGE OF WESLEY CHAPEL, NORTH CAROLINA 28079 DATE 08.11.2021 ters Name Price Mill Creek Activity Stream A Discharge of fill material Resource —Type River/Stream lPermanent_Lossllmpact_Durationl Amount Type (Amount Unitsl Initially_Proposed_llnitially_Proposed_I YES Permanent 61 61 I nitially_Proposed_ I Proposed_ I Proposed_ I Proposed_ I Authorized I Authorized_ I Authorized_ I Debits 61 61 61 61 Notes PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: #CURRENT DATE TRADITIONAL# B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Sage Ecological Services, Inc. Attn: Sean Clark 3707 Swift Drive Raleigh, NC 27606 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Charlotte Regulatory Field Office D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located southeast of Waxhaw Indian Trail Road and northwest of Wesley Chapel Road in Union County, NC. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Union County City: Indian Trail Center coordinates of site (lat/long in degree decimal format): Lat.: 35.0331 ° N; Long.:80.6746 °W Universal Transverse Mercator: Zone 17 North (529681.3, 3876762.1) Name of nearest waterbody: Davis Mine Creek and Price Mill Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority Latitude Longitude aquatic resources in resources (i.e., to which the aquatic Site Number (decimal (decimal review area (acreage wetland vs. resource "may be" degrees) degrees) and linear feet, if non -wetland subject (i.e., Section applicable waters) 404 or Section 10/404) Stream A (Price Mill 35.035878°N 80.6749530W +/- 4,800 LF Non -Wetland Section 404 Creek) Stream B (Davis 35.028206°N 80.675494°W Non -Wetland Section 404 Mine Creek) +/- 2,095 LF Stream C 35.034753°N 80.680829°W +/- 557 LF Non -Wetland Section 404 Stream D 35.0374610N 80.672816°W +/- 99 LF Non -Wetland Section 404 Stream E 35.027919°N 80.673201°W +/- 444 LF Non -Wetland Section 404 Stream E2 35.028119°N 80.6754330W +/- 180 LF Non -Wetland Section 404 Stream F 35.032436°N 80.669728°W +/- 1,685 LF Non -Wetland Section 404 Stream F2 35.029444°N 80.674717°W +/- 102 LF Non -Wetland Section 404 Wetland AA 35.037278°N 80.673139°W +/- 0.03 AC Wetland Section 404 Wetland BB 35.034185°N 80.680717°W +/- 0.01 AC Wetland Section 404 Wetland CC 35.028719°N 80.674022°W +/- 0.06 AC Wetland Section 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 (NWT) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NAT 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 NWT 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 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 1-9 Prepared by other Consultant (September 2015) ® 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: 1:24,000 Matthews, NC Quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: Union County Soil Survey (Sheet 17) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ❑Aerial (Name & Date): or ®Other (Name & Date): Photos A-F prepared by other consultant (September 2016) ❑ 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 Corps and should not be relied upon for later Jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 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. CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) September 19, 2016 Mr. David Goracke Kolter Land Partners LLC 3737 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Subject: Jurisdictional Delineation Report Hawfield Project Union County, North Carolina CWS Project No. 2016-4113 Dear Mr. Goracke, The Hawfield Project site (Union County Tax Parcel Nos. 07120003, 07120005A, 07123001J, 07120005-80, and 07120005-90) is approximately 268 acres in extent and is located southeast of Waxhaw Indian Trail Road and northwest of Wesley Chapel Road in Union County, North Carolina (Figure 1. attached). Kolter Land Partners, LLC has contracted Carolina Wetland Services, Inc. (CWS) to delineate the extent of jurisdictional features within the project area. Applicant Name: Kolter Land Partners; POC: Mr. David Goracke Mailing Address: 3737 Glenwood Avenue, Suite 100, Raleigh, NC 27612 Phone Number of Owner/ Applicant: 919-868-6567 Street Address of Project: southeast of Waxhaw Indian Trail Road and northwest of Wesley Chapel Road Waterway: Davis Mine Creek and Price Mill Creek Basin: Santee (HUC' 03050103) City: Indian Trail and Wesley Chapel County: Union Tax Parcel No(s): 07120003, 07120005A, 07123001J, 07120005-80, 07120005-90' Decimal Degree Coordinate Location of Project Site: 35.032429°,-80.674461' USGS Quadrangle Name: Matthews, NC (1986) Current Land Use The project area consists of undeveloped forested land (Figure 2, attached). Typical on -site vegetation includes, sweetgum (Liquidambar styraciflua), northern red oak (Quercus rubra), southern sugar maple (Acerfloridanum), Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), red maple (Acer rubrum), mockernut hickory (Carya tomentosa), Japanese honeysuckle (Lonicera japonica), greenbrier (Smilax rotundifolia.), Christmas fern (Polystichum acrostichoides), Nepalese browntop (Microstegium vimineum), and muscadine (Vitis rotundifolia). "HUC" is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. NORTH CAROLINA o SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 6 Hawfield Project September 16, 2016 Jurisdictional Delineation Report CWS Project No. 2016-4113 According to the Soil Survey of Union County' (Figures 3 and 4, attached), on -site soils consist of Badin channery silt loam, 2 to 8, and 8 to 15 percent slopes (Bab and BaC, respectively), Badin channery silt clay loam, 2 to 8 and 8 to 15 percent slopes, moderately eroded (BdB2 and BdC2, respectively), Chewacla silt loam, 0 to 2 percent slopes, frequently flooded (ChA), Cid channery silt loam, 1 to 5 percent slopes (CmB), Goldston channery silt loam, 4 to 15 percent slopes (GoC), Goldston-Badin complex, 2 to 8 percent slopes (GsB), Mecklenburg sandy clay loam, 2 to 8 percent slopes, moderately eroded (MeB2), Secrest-Cid complex, 0 to 3 percent slopes (ScA), and Zion gravelly loam, 2 to 8 percent slopes (ZnB). Chewacla silt loam (ChA) and Secrest-Cid complex (ScA) are listed as hydric in the National Hydric Soils List' and as having hydric inclusions in the North Carolina Hydric Soils List for 4 Union County. National Wetlands Inventory Wetlands are an important source of biodiversity and provide a multitude of ecological services. The National Wetlands Inventory (NWI), created by the U.S. Fish and Wildlife Service, is a program which provides wetland data and analysis to the public. A review of the NWI GIS layer depicts multiple potential wetland features within the project limits (Figure 5, attached). Jurisdictional Delineation On September 22, 2015, CWS scientists Erin Bradshaw Settevendemio, Wetland Professional in Training (WPIT) and Aliisa Harjuniemi, WPIT, delineated (flagged in the field) jurisdictional waters of the U.S. within the project area. Jurisdictional areas were delineated (flagged in the field), classified, and mapped with a sub -foot Trimble Geo7X GPS unit using the U.S. Army Corps of Engineers (USACE) Routine On -Site Determination Method. This method is defined in the 1987 Corps of Engineers Delineation Manual,5 the 2007 USACE Jurisdictional Form Instructional Guidebook,' with further technical guidance from the 2012 Eastern Mountains & Piedmont Regional Supplement.' Jurisdictional stream channels were classified according to the North Carolina Department of Environmental Quality (NCDEQ) guidance. These classifications include sampling with a D-shaped dip net, photograph documentation, and defining approximate breakpoints (location at which stream channel changes classification) within each on -site stream channel. NCDEQ Stream Classification Forms representative of jurisdictional stream channels are attached (SCP1-SCP6). Wetland Determination Data Forms representative of on -site jurisdictional wetland areas are attached as DPI and DP3. Wetland Determination Data Forms representative of on -site non jurisdictional upland areas are attached as DP2 and DP4. Locations of the stream classification points and the Wetland Determination Data Forms are depicted on Figures 6-9 (attached). United States Department of Agriculture, 2013. Soil Survey of Union County, North Carolina. 3 United States Department of Agriculture — Natural Resources Conservation Service, 2012. National Hydric Soils List by State, accessed athttp://www.nres.usda. gov/wps/portal/nres/main/soils/use/hydric/ United States Department of Agriculture — Natural Resources Conservation Service, 1999. North Carolina Hydric Soils List, USDA-NRCS North Carolina State Office, Raleigh. s Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual", Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. USACE Jurisdictional Determination Form Instructional Guidebook. 2007. USACE Regulatory National Standard Operating Procedures for conducting an approved jurisdictional determination (JD) and documenting practices to support an approved JD. USACE Headquarters, Washington, DC. US Army Corps of Engineers, April 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. US Army Engineer Research and Development Center, Vicksburg, Mississippi. Page 2 of 6 Hawfield Project Jurisdictional Delineation Report September 16, 2016 CWS Project No. 2016-4113 Results Based on the results of this field investigation, there are ten jurisdictional waters of the U.S. located within the project boundary (Figure 6, attached). These waters consist of six jurisdictional stream channels (Streams A-F) and four jurisdictional wetlands (Wetland AA-DD). The on -site jurisdictional waters include Davis Mine Creek, Price Mill Creek, and unnamed tributaries (UT's) to the aforementioned creeks. Davis Mine Creek and Price Mill Creek are part of the Santee River Basin (HUC 03050103) and are classified as "Class C Waters" by the North Carolina Department of Environmental Quality (NCDEQ). According to the NCDEQ, Class C Waters are defined as: "Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture."' On -Site jurisdictional waters of the U.S. total approximately 2.01 acres, including 9,680 linear feet of jurisdictional stream channel. On -Site jurisdictional waters of the U.S. are summarized in Table 1. Table 1. Summary of an on -site .jurisdictional waters of the U.S. Jurisdictional Stream Jurisdiction NCDEQ Stream Classification Score Photograph Approximate Linear Feet (If) Approximate Acreage (ac.) USACE/EPA Rapanos Classification' Stream A (Price Mill Creek) RPW 43 A 4,800 1.11 Stream B (Davis Mine Creek) RPW 44.5 B 2,095 0.48 Stream C RPW 39.5 C 557 0.13 Stream D Seasonal RPW 23 D 99 0.01 Stream E Seasonal RPW 27.5 E 444 0.03 Stream F Seasonal RPW 28.5 F 1,685 0.14 Stream Total: 9,680 if 1.90 ac. Jurisdictional Wetland Jurisdiction Photograph Approximate Linear Feet (If) Approximate Acreage (ac.) USACE/EPA Rapanos Classification Wetland AA Directly abutting to RPW G N/A 0.03 Wetland BB Directly abutting to RPW H N/A 0.01 Wetland CC Isolated I N/A 0.06 Wetland DD Directly abutting to RPW J N/A 0.01 Wetland Total: N/A 0.11 ac. Stream and Wetland Total: 9,680 If 1 2.01 ac. s NCDEQ. "Surface Water Classifications." http://portal.ncdenr.org/web/wq/ps/csu/classifications. Classifications of streams include Traditionally Navigable Waters (TNWs), Relatively Permanent Waters (RPWs), and Non -Relatively Permanent Waters (Non-RPWs). Subcategories of RPWs include perennial streams that typically have year-round flow, and seasonal streams that have continuous flow at least seasonally. Two classifications of jurisdictional wetlands are used to describe proximity and connection to TNWs. These classifications include either adjacent or directly abutting. Adjacent wetlands are defined as wetlands within floodplains or in close proximity to a TNW but without a direct visible connection. Abutting wetlands have a direct surface water connection traceable to a TNW. Page 3 of 6 Hawfield Project September 16, 2016 Jurisdictional Delineation Report CWS Project No. 20164113 Relatively Permanent Waters (RPWs) RPWs are streams that have year-round flow in normal conditions. RPWs generally have greater biological resources than seasonal streams and are capable of supporting resources requiring constant flow for reproductive and maturation stages. The results of the on -site field investigation conducted by CWS indicate that there are three RPWs (Streams A - C) located within the project area (Figures 6-9, attached). RPW Stream A (Price Mill Creek) originates off site at the northeastern project boundary and flows south for approximately 4,800 linear feet until continuing off site (Figure 6, attached). RPW Stream B (Davis Mine Creek) originates off site in the northwestern portion of the property and flows southeast for approximately 2,095 linear feet until its confluence with Stream A. RPW Stream C originates off site in the northwestern portion of the property and flows south-southeast for approximately 557 linear feet until its confluence with Stream B. RPW Streams A-C exhibit strong continuity of bed and bank, strong baseflow, moderate to strong presence of depositional bars and benches, moderate sinuosity of channel, and a weak to moderate presence of iron oxidizing bacteria. NCDEQ Stream Classification Forms (SCP1-SCP3) are representative of RPW Streams A-C, respectively. Photographs A-C (attached) are representative of RPW Streams A-C, respectively. Seasonal Relatively Permanent Waters (RPWs) Seasonal RPWs are those that exhibit continuous flow for at least three consecutive months per year on a seasonal basis. This flow regime is the result of a lowering of the water table during dry periods that prevents ground water discharge to the stream channel. Seasonal streams do not typically support aquatic life requiring year-round flow necessary for reproductive and maturation stages. The results of the on -site field investigation conducted by CWS indicate that there are three Seasonal RPWs (Streams D - F) located within the project area (Figures 6-9, attached). Seasonal RPW Stream D originates on -site in the northeastern portion of the property and flows northwest for approximately 99 linear feet until its confluence with RPW Stream A. Seasonal RPW Stream E originates on -site in the southeastern portion of the property and flows west for approximately 444 linear feet until tapering off in the floodplain of RPW Stream A (Price Mill Creek). Seasonal RPW Stream F originates off site in the eastern portion of the property and flows southwest for approximately 1,685 linear feet until its confluence with RPW Stream B. Streams D-F exhibit moderate bed and bank, weak to moderate sinuosity of channel, absent to weak baseflow, an absence of iron oxidizing bacteria, and an absence of crayfish. NCDEQ Stream Classification Forms (SCP4-SCP6) are representative of Seasonal RPW Streams D-F, respectively. Photographs D-F are representative of Seasonal RPW Streams D-F, respectively. Wetlands The USACE and the Environmental Protection Agency (EPA) define wetlands as: "Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in Page 4 of 6 Hawfield Project September 16, 2016 Jurisdictional Delineation Report CWS Project No. 20164113 saturated soil conditions."`O The USACE uses three parameters to identify jurisdictional wetlands. These parameters are as follows: 1) hydrophytic vegetation, 2) wetland hydrology, and 3) hydric soils. Except in certain atypical situations, all three parameters must be present in order for an area to be determined to be a jurisdictional wetland. The results of the on -site field investigation conducted by CWS indicate that there are four jurisdictional wetland areas. Wetlands AA and BB are classified as herbaceous wetlands (PEM)" and Wetlands CC and DD are classified as forested wetlands (PFO1)12. Figures 6-9 (attached) depict the locations of these wetlands. Wetlands AA-DD exhibit low chroma soils, oxidized rhizospheres, and saturation to the surface. Dominant vegetation for Wetlands AA and BB includes smartweed (Polygonum persicaria), marsh dayflower (Murdannia keisak), false nettle (Boehmeria cylindrica), and Nepalese browntop. Dominant vegetation for Wetlands CC and DD includes sweetgum, green ash (Fraxinus pennsylvanica.), boxelder (Ater negundo), and ironwood (Carpinus caroliniana). Photographs G- J (attached) are representative of Wetlands AA-DD, respectively. Wetland Determinations Data Forms representative of Wetlands AA and BB (DPI) and Wetland CC and DD (DP2) are attached. 10 Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual", Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. " PEM=Emergent wetland, Cowardin et at. Classification System, 1979 i' PFOI = Forested wetland with broad-leaved deciduous vegetation, Cowardin et al. Classification System, 1979 Page 5 of 6 Hawfield Project September 16, 2016 Jurisdictional Delineation Report CWS Project No. 20164113 Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact me at 704-408-1683, or through e-mail at gregg@cws-inc.net should you have any questions or comments regarding this report. Sincerely, C. AU—..�...._� Gregg Antemann, PWS Principal Scientist oa!*LPL �'Ei tFg`°�9� Co °�tiPEG4C ANTEMaYN i a _V� lltal� Kelly Thames Professional Wetland Scientist Attachments: Figure 1: USGS Site Location Figure 2: Aerial Imagery Figure 3: USDA-NRCS Current Soil Survey of Union County Figure 4: USDA-NRCS Historic Soil Survey of Union County Figure 5: National Wetlands Inventory Figure 6: Jurisdictional Boundaries - Overview Figures 7-9: Jurisdictional Boundaries - Zoomed NCDEQ Stream Classification Forms (SCPl-SCP6) USACE Wetland Determination Data Forms (DP I-DP4) Photopage (Photographs A-J) Page 6 of 6 Wetland BB =1 Seasonal RPW Stream D 0.01 acre g 99 If RPW Stream C - 557 If '� ''•i�t o Wetland AAy acre RPW Stream A'`J o� �+ (Price Mill Creek) '� ,r - 4,800 If •�r' i«y. -yr ;� Seasonal RPW Stream IF 1 1,685 If it x. RPW Stream B r- (Davis Mine Creek) N� 21095If Wetland CC 0.06 acre TL Wetland DD Vol, i 0.01 acre , : wit .r r - RPW Stream E t e > F 444 If dk Legend } �, a rr • • Q Project Limits RPW Stream • • ,Seasonal RPW Stream s '• ��!!• - •,S _ Ephemeral conveyance ' • eT Wetland Roads Parcels Photo Location B Direction ,.-•_., ' -% • D P Data Point REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, DATED 2013. . • _ ♦ S C P Stream classification Point NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN i THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT GPS UNIT BY CWS, INC., 790 395 0 790 Feet Y THE USACE. j ON SEPTEMBER 22, 2015. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED j 'r - �- SCALE: 1„ poor DATE: 9-28-2015 Jurisdictional Boundary FIGURE NO. CWS PROJECT NO: DRAWN BY:: AVH Map - Overview A 2016-4113 �- Hawfield Project hV PPLICANT NO: CHECKED BY: C A R O L I N A Union County, North Carolina KMT WETLAND SERVICES CWS Project No. 2016-4113 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01272 County: Union U.S.G.S. Quad: NC -Matthews GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: VK Heritage LLC Address: 3737 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Telephone Number: 919-868-6567 E-mail: dgoracke(a),kolter.com Size (acres) 141 Nearest Town Indian Trail Nearest Waterway Davis Mine Creek and Price Mill Creek River Basin Catawba River Basin USGS HUC 03050103 Coordinates Latitude: 35.0318 Longitude:-80.6726 Location description: The proiect area is located 0.184 miles Southwest of the intersection of Downing Court and Magna Lane in Union Countv. PIN(s): 07120005F, 07120005G, 07123001J, 07120005C, 07120005D, 07120003. Description of projects area and activity: This verification authorizes: 1. The permanent impact of 123 linear feet of a perennial stream (Stream F) for a culvert and dissipater. 2. The temporary impact of 20 linear feet of a perennial stream (Stream F) for a dry work area. 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 11/28/2017, and the enclosed plans Proposed Overall Site and Proposed Stream Crossing #1 dated 6/14/2017. 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 Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(dusace.armv.mil. 7 j`' 7 JAG GNICZAK.CATHERINE.MARIE.1535587 DDN:tc I=USIO=U.suee „��,00=DoDEo,=PKI,on USA, Corps Regulatory Official. 066 Date-2KZAK.CATH27-24ERINE.MARIE.15355870fifi Date: 12/7/2017 Date: 2017.12.07 12:27:24-05'00' Expiration Date of Verification: 3/18/2022 SAW-2017-01272 Determination of Jurisdiction: A. ® There are waters, 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, 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: AID. Basis For Determination: See the preliminary or approved jurisdictional determination form dated 12/7/2017. 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 1OM15 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 N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ,�7 JANCICGZAK.CATHERI NE.MARI E.15355 DDN:caioS'o-us a ,,, ntou"_DODEo"„'=-_Pa,00 USA, `� Corps Regulatory Official. 87066 m=JAMCZAK0712.2CA 7-05'RIE.15355870fi6 O Date: 2017.12.07 12:28:07-05'00' Catherine M. Janiczak Date of JD: 12/7/2017 Expiration Date of JD: N/A SAW-2017-01272 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: Sage Ecological Services, Inc. Sean Clark Address: 3707 Swift Drive Raleigh, NC 27606 Telephone Number: 919-559-1537 E-mail: sclark(dsageecological.com Action ID Number: SAW-2017-01272 County: Union Permittee: VK Heritage LLC Project Name: VK Heritage LLC Road Crossing Culvert Installation Date Verification Issued: 12/7/2017 Project Manager: Catherine M. Janiczak 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: Catherine M. Janiczak Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 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 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: VK Heritage LLC, File Number: SAW-2017-01272 Date: 12/7/2017 Attached is: See Section below F-11 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.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)x or the Corps regulations at 33 CFR Part 331. AL 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: Catherine M. Janiczak CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 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 opportunity 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: Catherine M. Janiczak , 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: 12/7/2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: VK Heritage LLC, 3737 Glenwood Avenue, Suite 100, Raleigh, NC, 27612 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, VK Heritage LLC Road Crossing Culvert Installation, SAW-2017-01272 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located 0.184 miles Southwest of the intersection of Downing Court and Magna Lane in Union County. PIN(s): 07120005F, 07120005G, 07123001J, 07120005C, 07120005D, 07120003. (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: 35.0318 Longitude:-80.6726 Universal Transverse Mercator: Name of nearest waterbody: Davis Mine Creek and Price Mill Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 11/02/2017 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 wetland waters) Section 404 or Section applicable 10/404) Stream A (Price Mill 35.035878°N 80.6749530W +/- 4,800 LF Non -Wetland Section 404 Creek) Stream B (Davis 35.028206°N 80.6754940W Non -Wetland Section 404 Mine +/- 2,095 LF Creek) Stream C 35.034753°N 80.680829°W +/- 557 LF Non -Wetland Section 404 Stream D 35.0374610N 80.672816°W +/- 99 LF Non -Wetland Section 404 Stream E 35.027919°N 80.673201°W +/- 444 LF Non -Wetland Section 404 Stream E2 35.028119°N 80.6754330W +/- 180 LF Non -Wetland Section 404 Stream F 35.032436°N 80.669728°W +/- 1,685 LF Non -Wetland Section 404 Stream F2 35.029444°N 80.674717°W +/- 102 LF Non -Wetland Section 404 Wetland 35.037278°N 80.673139°W +/- 0.03 AC Wetland Section 404 AA Wetland 35.034185°N 80.680717°W +/- 0.01 AC Wetland Section 404 BB Wetland 35.028719°N 80.674022°W +/- 0.06 AC Wetland Section 404 CC 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 3) 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: Figure 3, Figure 3a, Figure 3b, and Figure 3c (Dated November 9, 2017) ® Data sheets prepared/submitted by or on behalf of the PJD requestor. M 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: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMAVFIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Figure 3 (Dated November 9, 2017) or ❑Other (Name & Date): ❑ 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 Corus and should not be relied uuon for later jurisdictional determinations. Digitally signed by JANICZAK.CA JANICZAK.CATH ERIN E.MARIE.153 5587066 THERINE.MARI DN:c=US,o=U.S. Government, ou=DoD, ou=PKI, ou=USA, 153 58 cn=JANICZAK.CATH EA 535587066 Date: 2017.12.07 12:28:55-05'00' Signature and date of Regulatory Signature and date of staff member completing PJD person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 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. NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. d LEGEND QProject Study Area ® Potential Wetland Potential Non -Wetland Perennial Water �iii■ Potential Non -Wetland Intermittent Water A SCP - Stream Classification Point DP - Data Point IV142 J LV6QlIV11 CABARRUS FON STANLY MECKLENBURG • UNION ANSON Approximate location of proposed Stream Crossing #1 (road crossing); NOTE: Jurisdictional Waters of the US were delineated in the field by Carolina Wetland C/o Services, Inc. on September 22, 2015. Wetland ke" ' and stream boundaries were reviewed by the USACE on November 2, 2017. Wetland and Stream Sketch Figure 3 Heritage Property N Sage Project #2017.04 SAGE ECOLOGICAL SERVICES November 9, 2017 0 500 1,000 Sage Ecological Services, Inc. Feet Office: 919-335-6757 Cell: 919-559-1537 LEGEND QProject Study Area Potential Wetland Potential Non -Wetland Perennial Water �iii■ Potential Non -Wetland Intermittent Water ♦ SCP - Stream Classification Point DP - Data Point Map Location CABARRUS FON STANLY MECKLENBURG • UNION ANSON Potential Non -Wetland Waters of the US A (4,800 LF) NOTE: Jurisdictional Waters of the US were delineated in the field by Carolina Wetland Services, Inc. on September 22, 2015. Wetland and stream boundaries were reviewed by the USACE on November 2. 2017. 4 a J.� i ;� ak 0r Potential Non -Wetland Waters of the US D (99 LF) Potential Wetland Waters of the US AA (0.03 Acre) NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. Wetland and Stream Sketch Heritage Property N Sage Project #2017.04 November 9, 2017 0 175 350 Feet Figure 3a SAGE EC LOGICAL SERVICES EST. A Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 NOTE: Jurisdictional Waters of the US were delineated in the field by Carolina Wetland Services, Inc. on September 22, 2015. Wetland and stream boundaries were reviewed by the USACE on November 2, 2017. Potential Non -Wetland Waters of the US B (2,095 LF) Ak LEGEND QProject Study Area Potential Wetland Potential Non -Wetland Perennial Water �iii■ Potential Non -Wetland Intermittent Water A SCP - Stream Classification Point DP - Data Point Map Location CABARRUS FON STANLY MECKLENBURG • UNION ANSON NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. Potential Wetland Waters of the US BB (0.01 Acre) Potential Non -Wetland Waters of the US C (557 LF) Wetland and Stream Sketch Heritage Property N Sage Project #2017.04 November 9, 2017 0 175 350 Feet Figure 3b SAGE EC LOGICAL SERVICES EST. A Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. Potential Non -Wetland Waters of the US A (4,800 LF) " Potential Non -Wetland Waters of the US �N f E2(180 LF) vs� �::r�xwa:;>:�ts:,:,.s.,., ..�nc•.r -. :yiyv LEGEND,: QProject Study Area Potential Wetland Potential Non -Wetland Perennial Water �iii■ Potential Non -Wetland Intermittent Water A SCP - Stream Classification Point DP - Data Point IV142 J LV6QlIV11 CABARRUS FON STANLY MECKLENBURG • UNION ANSON Potential Non -Wetland Waters of the US F2 (102 LF) Potential Non -Wetland Waters of the US F (1,685 LF) Potential Wetland Waters of the US CC (0.06 Acres) Potential Non -Wetland Waters of the US E (444 LF) Wetland and Stream Sketch Heritage Property Sage Project #2017.04 November 9, 2017 0 175 350 Feet NOTE: Jurisdictional Waters of the US were delineated in the field by Carolina Wetland Services, Inc. on September 22, 2015. Wetland and stream boundaries were reviewed by the USACE on November 2, 2017. Figure 3c SAGE EC LOGICAL SERVICES Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 1 1 640 . — . 640 — --- "� — ao ' -- Nmo o�\ oN p � I 635 >�� - w Lu N Ou O /I VA Zc wOm I� w as zox•� I — �/ rQOW'/ aow 2m0 / �aV) wws w�0- �OF_wF-'� r wo< awe — -630 �-z w �� \ � oww�� w a z ZO'�� f / co 3Nw 2oho--� by i-LL __ ? ♦�\ ca CVC 620 W NO -620 `02!9- 630 / L / —/--_--- 3nsd v / �-Z — s / N n O n ti N O O 0 z N W Z d z g W t J O Y H r w< �O L \ = o a \ \\ za fn U - X �,�„�\ •�\�\ III\I �` -, LU Cl) r J o `=l o LU 1 U) tea/ 0 0 0 0 o c o 0 W N U N n O � n ti N c c cc 0 z w Q W 2 N d d C H nor Federal Emergency Management Agency ��F� o Washington, DC 20472�° 4 North Carolina Floodplain Mapping Program -ImD s��° Cooperating Technical State Mr. David E. Goracke Kolter Land Partners, LLC 701 South Olive Avenue, Suite I I I West Palm Beach, Florida 33401 Dear Mr. Goracke: July 13, 2021 IN REPLY REFER TO: Case Number: 21-04-1603R Community Names Community Numbers 316-AD Town of Indian Trail and Unincorporated Areas of Union County, NC 370234,370235 This is in response to a request dated July 10, 2020, that the Department of Homeland Security's Federal Emergency Management Agency (FEMA) issue a revision to the Flood Insurance Rate Map (FIRM) for the above referenced community. The North Carolina Floodplain Mapping Program (NCFMP) is reviewing your request in accordance with an agreement signed with FEMA under the FEMA Cooperating Technical Partners initiative. For more information on this initiative, we encourage you to visit the dedicated portion of the FEMA Flood Hazard Mapping website at https://www.fema.gov/flood- maps/guidance-partners/cooperating-technical-partners or visit the NCFMP website at has:Hflood.nc.gov/ncflood/. Identifier: NC-21-715 — Heritage at Price Mill Creek Flooding Source: Price Mill Creek FIRM Panels Affected: 3710449700J We have determined that additional data are required to complete our review of the request. The data required to complete our review, which must be submitted within 90 days of the date of this letter, are listed on the enclosed summary. The required data may be sent directly to us at the address shown at the bottom of this page. For identification, the case number referenced above must be included on all correspondence. If the NCFMP does not receive the required data within 90 days, we will suspend our processing of your request. Any data submitted after 90 days will be treated as an original submittal and will be subject to all submittal/payment procedures, including the flat review and processing fee for requests of this type established by the current fee schedule. A summary of the current fee schedule, which was published in the Federal Register, is available through the FEMA Flood Hazard Mapping website at hops://www.fema. gov/flood-maps/change-your-flood-zone/status/flood-map-related-fees. FEMA receives a very large volume of requests and cannot maintain inactive requests for an indefinite period of time. Therefore, we are unable to grant extensions for the submission of required data/fee for revision requests. If a requester is informed by letter that additional data are required to complete our North Carolina MT-2 LOMC Depot 4218 Mail Service Center, Raleigh, North Carolina 27699-4218 The North Carolina Floodplain Mapping Program, by agreement with the FEDERAL EMERGENCY MANAGEMENT AGENCY, is a Cooperating Technical Partner for the National Flood Insurance Program review of a request, the data/fee must be submitted within 90 days of the date of the letter. Any fees already paid will be forfeited for any request for which the requested data are not received within 90 days. For general information about FEMA policy and the National Flood Insurance Program please visit FEMA's website at http://www.fema.gov/national-flood-insurance-program. If you have specific questions regarding your request, please contact Mr. Scott Gentry, P.E., CFM, of the NCFMP at (919) 825-2318. Sincerely, Krzysztof "Chris" Koltyk, Assistant Director, Risk Management North Carolina Emergency Management cc: The Honorable Michael Alvarez, Mayor, Town of Indian Trail The Honorable Richard Helms, Chairman, Union County Board of Commissioners Mr. Michael McLaurin, Manager, Town of Indian Trail Mr. Todd Huntsinger, Director of Engineering, Town of Indian Trail Mr. Mark Watson, Manager, Union County Mr. James King, Zoning Administrator, Union County Mr. Daniel C. Wiebke, P.E., CFM, The John R. McAdams Company Mr. Scott Gentry, P.E., CFM, North Carolina Floodplain Mapping Program ART Federal Emergency Management Agency �1F� Washington, DC 20472�° 4 North Carolina Floodplain Mapping Program INV ID) 5 Cooperating Technical State Summary of Additional Data Required to Support a Conditional Letter of Map Revision (CLOMR) Case No.: 21-04-1603R Requester: Mr. David E. Goracke Communities: Town of Indian Trail and Community Nos.: 370234, 370235 Unincorporated Areas of Union County, NC The issues listed below must be addressed before NCFMP can continue the review of your request. 1. The following comments are in regard to compliance with the Endangered Species Act: a. The submitted documentation does not indicate what the Federal Action will be for the project. Please provide an explanation of the Federal Action that is anticipated (e.g. federal construction, funding, or permitting). If the proposed construction requires a federal permit, such as a Section 404 permit from the Army Corps of Engineers, provide the status of this application. b. The Threatened and Endangered Species Survey Report does not include supporting documentation of concurrence by a Federal Agency. The Federal Agency concurrence will be needed for FEMA approval of the CLOMR. 2. The proposed Plan and Profile sheet (labeled "C5.08") includes the PE seal, but the seal is not dated and signed, nor does it have an appropriate notation. Please modify the plans to confirm with the appropriate requirements from the following list as found in the NC Administrative Code in 21 NCAC 56.1103(c): i. "Preliminary — Do not use for construction" ii. "Progress Drawings — Do not use for construction" in. "Preliminary Plat — Not for recordation, conveyances, or sales" iv. "Final Drawing — Not release for construction" v. "Final Drawing — For Review Purposes Only" vi. "Not a Certified Document — This document originally issued and sealed by (name of licensee), (license number), on (date of sealing). This document shall not be considered a certified document" vii. "Not a Certified Document as to the Original Document but Only as to Revisions — This document originally issued and sealed by (name of licensee), (license number), on (date of sealing). This document is only certified as to the revisions" The following comments are in regard to the hydraulic modeling: a. In the Proposed Conditions model, the inverts for the culverts in HEC-RAS match the inverts shown INV IN and IN OUT on C5.08, however there is an additional INV shown for each culvert that differs from the inverts for the culverts in HEC-RAS. Please clarify how the inverts shown on C5.08 relate to the HEC-RAS model. b. In the Proposed Conditions model the top of road elevation for the proposed culvert is 604-ft at all locations. C5.08 shows the top of road sloping upward from the culvert location at 5.46% and 4.34%. Also, the low point of the road shown on C5.08 is 604.07- ft, which differs slightly from the value used in HEC-RAS. The Manning's n for the Bottom of Culvert 91 in the Proposed Conditions Plan is 0.035 in the HEC-RAS model. The Manning's n value for the channel upstream and downstream of the proposed crossing is 0.048. Please clarify if native material will be used in the culvert bottom and whether the Manning's n value should be based on that material. Please send the required data directly to the address shown below or coordinate digital delivery of the data. For identification purposes, please include the case number referenced above on all correspondence. Using U.S. Postal Service: NC Emergency Management, Risk Management NC MT-2 LOMC Depot Attn: Scott Gentry, P.E., CFM 4218 Mail Service Center Raleigh, NC 27699-4218 iviap Location J CABARRUS GASTO N STAN LY MECKLENBURG • UNION ANSON Legend E3Project StudyArea 1-Mile Project Buffer Carolina Birdfoot-trefoil Carolina Darter & Carolina Creeksheel Carolina Creekshell Rhus nchauxii T&E Location Map Figure 6 Heritage Property Sage Project #2017.04 N SAGE Prepared By: Philip Beach ECOLOGICAL SERVICES April 27, 2020 0 1,250 2,500 Sage Ecological Services, Inc. Feet Office: 919-335-6757 Cell: 919-559-1537 Heritage Subdivision Threatened and Endangered Species Survey Report Wesley Chapel, North Carolina May 14, 2020 Sage Project Number 2017.04 Prepared for: Submitted by: VK Heritage. LLC Sage Ecological Services, Inc. Attn: Ron Willing 3707 Swift Drive 3737 Glenwood Avenue, Suite 100 Raleigh, NC 27606 Raleigh, NC 27612 Heritage Subdivision 1 Sage Ecological Services, Inc. INTRODUCTION Sage Ecological Services, Inc. (Sage) completed afield survey for federally listed threatened & endangered species habitat on the +/-127-acre Heritage Property (Site). The Site is located approximately 0.3-mile northwest of the Wesley Chapel Road and Hawfield Road intersection in Wesley Chapel, Union County, NC. Three threatened and endangered (T&E) species are listed in Union County by the United States Fish & Wildlife Service (USFWS) (Table 1). Table 1. USFWS Threatened & Endanaered Species List for Union Countv. NC. as of ADHI 6. 2020 Common Name Scientific name Federal Status Habitat Type Carolina heels litter Lasmi ona decorates E Aquatic Michaux's sumac Rhus michauxii E Terrestrial Schweinitz's sunflower Helianthus schweinitzii E Terrestrial SITE AND PROJECT DESCRIPTION The Site is comprised of several recombined parcels. The majority of the Site remains forested with hardwoods and interspersed pines in the north and western section. An overhead utility easement runs along the eastern edge of the evaluated area. Existing sewer easements extend along the southern and eastern portions of the evaluated area. The proposed project involves a single-family residential development including associated driveways, access roads, community amenities, greenways, stormwater control measures and other utilities. Access to the Site will be from the existing Wesley Chapel Road through the existing Heritage subdivision located to the east. THREATENED AND ENDANGERED SPECIES EVALUATION METHODOLOGY Prior to completing the field survey, Sage biologists reviewed the USFWS current county list of Threatened and Endangered species. The survey windows for the target species was referenced to establish the appropriate field survey date. Due to project timeline constraints, it was impractical to wait for the flowering period to conduct the initial survey. A review of the North Carolina Natural Heritage Program's (NCNHP) GIS database was conducted concurrently with the initiation of project fieldwork. This database review included a 1.0-mile radius search of the most recent GIS NCNHP Elemental Occurrence records (Appendix C). Heritage Subdivision 1 Sage Ecological Services, Inc. As a precursor to the fieldwork, a desktop GIS assessment of the Site area was conducted using 2019 leaf - off aerial imagery and the most recent soils data. The purpose of this desktop assessment was to locate preferred potential habitat areas for Michaux's sumac and Schweinitz's sunflower. Prior to arriving on the Site, Sage biologists reviewed various botanical sources to refresh familiarity with the species appearance and habitat at the survey time of year. Pictures of the species, botanical descriptions, and keys were reviewed and printed for use in the field survey. Site visits to nearby known occurrences of Michaux's sumac and Schweinitz's sunflower were conducted to determine the current development stage of these species. On May 7, 2020, Sage biologists walked transects and conducted a plant by plant survey of the evaluation area within the locations most closely resembling preferred habitat on the Site. The evaluation area includes proposed impact areas within the floodplain of Prince Mill Creek. Within the species survey area, particular attention was given to areas that met many elements of the habitat descriptions and/or where known associate species were observed. Only the habitat for the Carolina heelsplitter was reviewed (i.e. a species survey was not conducted). Items brought along for use during the field survey included printed pictures of the species, botanical reference books including keys, camera, tape measure, 10x hand lens, field notebook, aerial maps, and survey flagging. CAROLINA HEELSPLITTER SPECIES AND HABITAT DESCRIPTION The Carolina heelsplitter is a freshwater mussel with an ovate, trapezoid -shaped shell reaching a length up to 118 mm. The shell is greenish brown to dark brown in color, and juveniles may have shells with faint greenish brown or black rays. The nacre (inside surface) varies from iridescent white to a mottled pale orange. The dorsal margin is straight and may end with a slight wing. Carolina heelsplitter was listed as 'Endangered' in 1993 by the USFWS. The USFWS optimal survey window is year-round. Because it is a filter -feeder, the Carolina heelsplitter requires cool, clean, well -oxygenated water. Stream bottoms with stable, silt -free substrate appear to be critical to the species. Streambanks should be well - vegetated to reduce sediment and erosion, and the watershed should exhibit a high percentage of forested land. Heritage Subdivision 2 Sage Ecological Services, Inc. SURVEY RESULTS Prince Mill Creek flows from north to south through the Site. Known populations of Carolina heelsplitter in the Catawba River Basin in North Carolina are approximately 32 river miles and 20 straight line miles south of the Site in Waxhaw Creek. The majority of the streamside has a mature canopy of trees that provide adequate shading for the stream. The substrate in Prince Mill Creek includes silt, sand, gravel, and cobble. At the time of the field survey, the stream was very turbid. Due to lack of suitable habitat and lack of known nearby occurrences, the development of the Site should have No Effect on Carolina heelsplitter. MICHAUX'S SUMAC SPECIES AND HABITAT DESCRIPTION Michaux's sumac is a rhizomatous, densely hairy shrub with erect stems from 1 — 3 feet in height. The compound leaves contain 9-13 evenly serrated, oblong to lanceolate, acuminate leaflets. The leaflets are densely pubescent, and the leaf rachis is frequently winged between the terminal leaflets. The stems are densely long pubescent. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July; while the fruit, a red drupe, is produced through the months of August to October. Michaux's sumac was listed as 'Endangered' in 1989 by the USFWS. The USFWS optimal survey window is from May to October. In the piedmont, Michaux's sumac grows in sandy or rocky open woods in association with soils derived from mafic rocks. The plant survives best in areas where some form of disturbance has provided an open area. Several populations in North Carolina are on highway rights -of -way, roadsides, or on the edges of artificially maintained clearings. Common associates of Michaux's sumac include other sumac species, Johnson grass, winged elm, mockernut hickory, loblolly pine, longleaf pine, water oak, white oak, blackjack oak, sweet gum, sassafras, persimmon, chickasaw plum, and black cherry. SURVEY RESULTS One known occurrence of Michaux's sumac is within 1.0-mile of the Site based on the NCNHP database search. However, potential habitat for Michaux's sumac does not exist within the Site. Although there are sufficiently cleared and disturbed areas along the sewer line easements and powerline easement, soils in these areas include Chewacla silt loam (pH 4.5 — 7.8), Goldston very channery silt loam (pH 3.5 — 5.5), and Heritage Subdivision 3 Sage Ecological Services, Inc. Badin channery silty clay loam (pH 3.5 — 5.5). No individuals were observed on the Site during the field survey. The development of the Site should have No Effect on Michaux's sumac. SCHWEINITZ'S SUNFLOWER SPECIES AND HABITAT DESCRIPTION Schweinitz's sunflower is a perennial that grows to a height of 6.5 feet tall or higher. The stem is purple, and the upper third bears secondary branches at 45-degree angles. The leaves are arranged in pairs on the lower part of the stem but usually occur singly on the upper part. Leaves grow out of the stem at right angles, and the tips of the leaves tend to droop. The leaves are thick and stiff, with a rough upper surface of spiny hairs and soft white hairs on the underside. Small yellow flowers bloom from late August until frost. Schweinitz's sunflower was listed as'Endangered' in 1999 by the USFWS. The USFWS optimal survey window is from late August to October. Schweinitz's sunflower prefers full to partial sun in areas with poor soils such as thin clays. It is commonly found along roadsides, powerline clearings, old pastures, and woodland openings. Associate species include bluestem, trumpet -creeper, slender spikegrass, golden -aster, thistle, wild carrot, dog fennel, striped gentian, bush clover, lobelia, wild quinine, other sunflower species, mimosa, red cedar, flowering dogwood, and sweetgum. SURVEY RESULTS Limited potential habitat for Schweinitz's sunflower does exist within the Site. Cleared areas along the sewer line easement and powerline easement provide suitable sunlight. Individuals at nearby reference locations were approximately 8-12 inches tall and distinguishable from other sunflower species through a combination of purple stem color and leaf morphology. No known occurrences of Schweinitz's sunflower are within 1.0-mile of the Site based on the NCNHP database search. No individuals were observed on the Site during the field survey. The development of the Site should have No Effect on Schweinitz's sunflower. Heritage Subdivision 4 Sage Ecological Services, Inc. CONCLUSIONS AND RECOMMENDATIONS Sage biologists completed a survey on the Heritage Property for federally threatened and endangered species listed for Union County. The Site was traversed on foot to locate potential habitat and individuals. Preferred suitable habitat is not present for Michaux's sumac and Carolina heelsplitter. Potential habitat is present for Schweinitz's sunflower; however, no individuals were located during the survey. Species surveys were not conducted for Carolina heelsplitter. Table 2 provides a summary of the field survey efforts and biological conclusions for each species. Table 2. T&E Species Survey Results Habitat Biological Common Name Survey Results Present Conclusion Carolina heelsplitter No No survey No Effect performed No individuals Michaux's sumac No No Effect observed Schweinitz's sunflower Yes No individuals No Effect observed Heritage Subdivision 5 Sage Ecological Services, Inc. REFERENCES Krings, Alexander, et. al. 2012. Rare Plants of North Carolina: Federally Listed Species and Their Congeners. https://projects.ncsu.edu/cals/plantbiology/ncsc/rare/index.html. Updated July 2018. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, NC. 325 pp. US Fish and Wildlife Service [USFWS]. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia. 30 pp. USFWS. 2011. Carolina heelsplitter (Lasmigona decorata) Fact Sheet. U.S. Fish and Wildlife Service, Asheville, NC. 2 pp. USFWS. 2011. Michaux's Sumac (Rhus michauxii) Fact Sheet: U.S. Fish and Wildlife Service, Atlanta, Georgia. 4 pp. USFWS. 2011. Schweinitz's sunflower (Helianthus schweinitzii) Fact Sheet. U.S. Fish and Wildlife Service, Asheville, NC. 2 pp. USFWS. 2020. Optimal Survey Windows and Number of Years a Survey is Valid for North Carolina's Federally Threatened, Endangered, and At -Risk Plant Species. US Fish and Wildlife Service, Raleigh, NC. http://www.fws.gov/nces/es/plant survey.html. Updated March 10, 2020. USFWS. 2020. Endangered Species, Threatened Species, and Candidate Species, Union County, North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html. Updated April 6, 2020. Heritage Subdivision 6 Sage Ecological Services, Inc. APPENDIX A PHOTOS Photo 1: Floodplain of Prince Mill Creek along existing sewer line easement looking north toward proposed road crossing Photo 2: Intersection of overhead transmission easement and sewer line easement in southern end of evaluation area. Heritage Subdivision 7 Sage Ecological Services, Inc. T �- - ,the�8• > .. 1" - �F�g J _ WV e- Photo 5: Individual of Schweinitz's sunflower on documented reference site found prior to Site survey Photo 6: Individual of Michaux's sumac on documented reference site found prior to Site survey. Heritage Subdivision 9 Sage Ecological Services, Inc. FM ► D V14 SCIENTIFIC NAMES OF SPECIES LISTED IN REPORT Common Name Scientific Name Black cherry Prunus serotina Blackjack oak Quercus marilandrica Bluestem Andropogon sp. Bush clover Lespedeza capitata Chickasaw plum Prunus angustifolia Dog fennel Eupatorium capillifolium Flowering dogwood Cornus florida Golden -aster Chrysopsis mariana Johnson grass Sorghum halapense Lobelia Lobelia puberula Loblolly pine Pinus taeda Longleaf pine Pinus palustris Mimosa Albizia julibrissin Mockernut hickory Carya tomentosa Persimmon Diospyros virginiana Red cedar Juniperus virginiana Sassafras Sassafras albidum Slender spikegrass Chasmanthium laxum Striped gentian Gentiana villosa Sumac Rhus sp. Sunflowers Helianthus sp. Sweet gum Liquidambar styraciflua Thistle Cirsium sp. Trumpet -creeper Campsis radicans Water oak Quercus nigra White oak Quercus alba Wild carrot Daucus carota Wild quinine Parthenium integrifolium Winged elm Ulmus alata Heritage Subdivision i� Sage Ecological Services, Inc. APPENDIX C FIGURES Heritage Subdivision 11 Sage Ecological Services, Inc. i , L 1 i�5o • - � 8 <,� , � -� A a y • �o . • , : � � ,•��J •� sue_^ 70B ' � - r'- r �� ' Yy 6 y.. r 1 }- - _� .'�i j.•Hatti►.Gfi�sGlr' ?.gcQ� - r +• . CA - ' -_ i , '.., O, i •' ••"N odvm el rnv• -• \. � •J, � • 6� r \.` `\ ��' �� ��' p 1c.. r-�` ,=�__ ' . •� !, .J� `1 � Project Study rea USGS Map Figure 1 Heritage Property Sage Project # 2017.04 N SAGE Matthews, NC Quadrangle USGS Topography, December 2013 SERVICES Map Drawn by: Philip Beach April 27, 2020 Sage Ecological Services, Inc. 0 1,250 2,500 Office:919-335-6757 Feet Cell: 919-559-153 7 BdB2 Iviap Locauon CABARRUS STANLY MECKLENBURG 7 UNION ANSON Map Preparer: P. Beach (Sage Ecological) Data Source: NRCS SSURGO Soils - Union County, NC. Downloaded on April 27, 2020. https://websoiIsurvey.sc.egov.usda.gov/App/HomePage.htm NRCS Soils Map Heritage Property Sage Project # 2017.04 Map Drawn by: Philip Beach April 27, 2020 0 500 1,000 Feet OProject S W tly Area NC 1-d Centerlines B Batlin channerys ilt to am, pH R—ne(3.5 -5.5) Btl B2 - Batlin channery silty clay loam, pH Range (3.5 - 5.5) Btl C2 - Batlin channery silty clay loam, pH Range (3.5 - 5.5) ChA- Ch-1. silt loam, pH Range (4.5 - ].8) G.0 - Gdd—n very channery silt loam, pH Range (3.5 - 5.5) C� Gs Gdd-n-Batlin complex, pH Range (3.5 5 5) Figure 2 ECOLOGICAL SERVICES Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 *Reference population locations for T&E species have, been adjusted to protect habitat from public visitation. i e a� } I Hauiabwq - � 'R r4 c pb S Ile a ?4 i5 t A i 41tl.[`[d�Pb F�tltlYCl..r x x Lr,� _ � � a �lidn _ M1LIuA gtr 3 F vyq.l' I h,r_ � Wr..n.on g�tl ir{r¢�4q. Rd 'fir• 3�' — '{" a _ ch fROtIR �y f�r�" ' k O�yd�• 3 — 4it y_i' Cr c 'yfinu4Aa ��* o yy 5 # #1 i�a x ¢, 'FJ)' # 51i � 3 'Pe - ghN""�5x i7iw. �� �# Alhf`8Y�'� �lallher■ /F }"Fl, i .I,It 9t. P.n IL Inlre%rVlnEri PinRy,� at er*6t�yFq�3x� rF rl• a ^4Atl LOXi ra Pcwy#y { x4rlfiW, Inll.ry, Vail irwi �w r ita' I . Us ,.411 LIi q y°rtl IHI R clrP _� II�.i�nHlr ri r Ij ! {b _ f } I"4'haGlrr b r Project Study Area -' r Ve Approximate Reference Population Location* �S'rr.:lirl�lon ^y Ry Map Location T&E Reference Populations Location Figure 3 Cabarrus Stanly Heritage Property Mecklenburg Sage Project # 2017.04 N SAGE Richmond Map Drawn by: Kim Hamlin May 11, 2020 Union Anson Sage Ecological Services, Inc. 0 9,000 18,000 Office:919-335-6757 Feet Cell: 919-559-1537 Tr r I ' It r. RdId it i do Project Study Area i IL ® T & E Evaluation Area F 4 I I rvidp wL;duUn Cabarrus Stanly Mecklenburg Richmond • Union Anson T & E Species Evaluation Area Heritage Property Sage Project # 2017.04 N Map Drawn by: Kim Hamlin May 11, 2020 0 300 600 Feet Figure 4 Sage Ecological Services, Inc. Office:919-335-6757 Cell: 919-559-1537 FM ► D VAR NATURAL HERITAGE PROGRAM DATABASE REPORT Heritage Subdivision 16 Sage Ecological Services, Inc. V ■E■ Roy Cooper, Governor B0 NC ❑EPARTMENT of Susi Hamilton, Secretary ■■omm NATURAL AND CULTURAL PSSOURCFS ■ Now Walter Clark, Director, Land and Water Stewardship NCN H DE-11922 April 27, 2020 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Heritage; 2017.04 Dear Sean Clark: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httl2s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(a ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMEN. _:i .A;i,. 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Highway 218 Bridge, downstream to its confluence with the Rocky River, and the main stem of Duck Creek, from the Mecklenburg/Union County line, downstream to its confluence with Goose Creek; the main stem of Waxhaw Creek (Catawba River system), from the N.C.Highway 200 Bridge, downstream to the North Carolina/South Carolina State line; and the main stem of Flat Creek (Pee Dee River system), Lancaster County, South Carolina, from the S.C. Route 204 Bridge, downstream to its confluence with the Lynches River, and the main stem of the Lynches River, Lancaster and Chesterfield Counties, South Carolina, from the confluence of Belk Branch, Lancaster County, northeast (upstream) of the U.S.Highway 601 Bridge, downstream to the S.C. Highway 903 Bridge in Kershaw County, South Carolina. Within these areas, the primary constituent elements include: (i)Permanent, flowing, cool, clean water; (ii)Geomorphically stable stream and river channels and banks; (iii)Pool, riffle, and run sequences within the channel; (iv)Stable substrates with no more than low amounts of fine sediment; (v)Moderate stream gradient; (vi)Periodic natural flooding; and (vii)Fish hosts, with adequate living, foraging, and spawning areas for them. Federal Register Reference: July 2, 2002, Federal Register, 67:44501-44522. Common Name Vertebrate: Invertebrate: Atlantic pigtoe Range by Basin Carolina heelsplitter Vascular Plant: Georgia aster Michaux's sumac Schweinitz's sunflower Nonvascular Plant: Scientific name Federal Record Status Status Fusconaia masoni ARS Current Lasmigona decorata E Current Symphyotrichum georgianum C Current Rhus michauxii E Historic Helianthus schweinitzii E Current Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species; although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting species proposed for listing. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA)_ In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fvvs.gov/migratorybirds/baldeagle.htm Threatened due to similarity of appearance(T(S/A)); In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* Ian McMillan imcmillan@sageecological.com VK Heritage, LLC Heritage Union Street Address 3737 Glenwood Avenue, Suite 100 Address Line 2 aty Raleigh Postal / Zip axle 27612 C Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* C Yes c: No State / Province / Pegion NC Country USA Do you know the name of the staff member you would like to request a meeting with? No, first available, please. Please give a brief project description below and include location information.* This project represents an existing project that was previously permitted (2017/2018) and the owner has purchased adjacent property which he plans to develop and expand the existing residential subdivision. The expansion will include new impacts, but total impacts willbe below Individual Permit thresholds. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 8/11/2021