20210837 Ver 1_401 Application_20210916

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20210837
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:* Mooresville Regional Office - [phone]
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Pre -Filing Meeting Information
Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not
be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in
accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project
proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section
121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read
more information on when this form is needed prior to application submission or here to view the form.
Attach documentation of Pre -Filing Meeting Request here:
DWR Pre -Filing Meeting Request Form CabarrusRd.pdf 50.92KB
Date for Meeting Request 9/16/2021
I D#
Project Contact Information
Name: Perry Isner
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Oak Creek (Cabarrus Road)
Is this a public transportation project?
r Yes
r No
Version
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Mecklenburg
Please upload all files that need to be submited.

Oickthe upload button or drag and drop files here to attach document
210916_OakCreek_NWP29pcn.pdf 19.48MB
Only pdf or Iv17 files are accepted.
Describe the attachments
or comments:
NWP 29 PCN for Oak Creek S/D (previously referred to as Cabarrus Road)
Sign and Submit
P By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, 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 agree that submission of this online 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');
■ 1 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 online form.
Signature:
Submittal Date: Is filled in automatically.

ID#* 20210837
Version* 1
Regional Office * Mooresville Regional Office - [phone]
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 4/23/2021
Contact Name* Meagan Jolly
Contact Email Address* [e-mail]
Project Name* Cabarrus Road
Project Owner* Empire Homes
Project County* Mecklenburg
Owner Address: Street Address
8008 Corporate Center Drive
Address Line 2
Suite 300
aty
State / Province / Pegion
Charlotte
NC
Postal / Zip axle
Country
28226
USA
Is this a transportation project?* r Yes r 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 (-- No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information.*
Residential subdivision. Site address: 14250 Cabarrus Road,
Charlotte NC 28227
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.
• I understand by signing this form that Icannot submit myapplication 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 4/23/2021

Ma'�o� wn rFR°�
cn �
i
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
❑x Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit:
because written approval is not required? 401 Certification:
❑ Yes ❑x No ❑Yes ❑x No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑x No
❑ Yes ❑x No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes 0 No
2. Project Information
2a. Name of project:
Oak Creek
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Mint Hill
2d. Subdivision name:
Oak Creek
2e. NCDOT only, T.I.P. or state project no:
n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
ALMA PROPERTIES LLC
3b. Deed Book and Page No.
13677-158
3c. Responsible Party (for LLC if
applicable):
Michael McGee
3d. Street address:
4608 CARRIKER RD
3e. City, state, zip:
MONROE NC 28110
3f. Telephone no.:
704.534.0645
3g. Fax no.:
n/a
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form —Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑x Other, specify: Buyer under contract to purchase
4b. Name:
Susan Lamb
4c. Business name
(if applicable):
EHC Homes, LP
4d. Street address:
8008 Corporate Center Drive, Suite 300
4e. City, state, zip:
Charlotte, NC 28226
4f. Telephone no.:
704-319-5000
4g. Fax no.:
n/a
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Perry Isner
5b. Business name
(if applicable):
Wetlands & Waters, Inc.
5c. Street address:
328 East Broad Street Suite D
5d. City, state, zip--
Statesville, NC 28677
5e. Telephone no.:
704.773.4239
5f. Fax no.:
n/a
5g. Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
13940102
1 b.
Site coordinates (in decimal degrees);
ILatitude: 35.21766 Longitude:-80.62043
1 c.
Property size:
90 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Clear Creek
C
Yadkin Pee -Dee
2b.
Water Quality Classification of nearest receiving water:
2c.
River basin:
3.
Project Description _
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of primarily vacant, forested land. The general land use in the vicinity of the project is primarily residential.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.06
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4365
3d.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential development in order to meet the growing demand for housing in this region.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The project includes the proposed development and supporting infrastructure including an off -site utility connection. Typical earth -moving equipment
will
be utilized including but not limited to pan, excavator, bulldozer, dump truck, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the ❑x Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
Comments:
project including all prior phases) in the past?
4b.
If the Corps made the jurisdictional determination, what type ❑x Preliminary ❑ Final
of determination was made?
4c.
If yes, who delineated the jurisdictional areas? Agency/Consultant Company: W&W, Inc.
Name (if known): Perry Isner, Tamp Bandy Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2021-01119
5.
Project History
5a.
Have permits or certifications been requested or obtained for ❑ Yes ❑x No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project? ❑ Yes ❑x No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑x Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted-
2a. 2b. 2c. 2d. 2e.
2f.
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction
Area of
number Corps (404,10) or
impact
Permanent (P) or DWQ (401, other)
(acres)
Temporary T
W1 Choose one Choose one Yes/No
W2 Choose one Choose one Yes/No
W3 Choose one Choose one Yes/No
W4
Choose one
Choose one
Yes/No
-
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete
this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f.
3g.
Stream impact Type of impact Stream name Perennial (PER) or Type of Average
Impact
number intermittent (INT)? jurisdiction stream
length
Permanent (P) or width
(linear
Temporary (T) (feet)
feet)
S1 P
Culvert
UT to Clear Creek
PER
Corps
7
83
S2 P
Culvert
UT to Clear Creek
PER
Corps
4
73
S3 T
Open -cut Sewer
UT to Clear Creek
PER
Corps
21
S4 T
Open -cut Sewer
UT to Clear Creek
PER
Corps
20
S5 T
Open -cut Sewer
UT to Clear Creek
PER
Corps
26
S6 Choose one -
223
3h. Total stream and tributary impacts
3i. Comments:
As permanent stream impacts total less than 0.02 acres, compensatory mitigation is not proposed. Temporary impacts for open -cut sanitary sewer
installation will be returned to previous conditions using stockpiled native substrate.
Page 4 of 10
PCN Form — Version 1.4 January 2009

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

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project has been carefully designed such that permanent impacts are only necessary for access to high ground. Extensive headwalls / wingwalls are
proposed at both culvert crossings in order to minimize impacts to aquatic features. Off -site waterline utility connection will utilize directional bore
such that impacts to aquatic features are avoided.
1 b. Specifically describe measures taken to avoid or rnhimize the proposed impacts through construction techniques.
Project will be constructed under an approved sediment and erosion control plan to ensure that materials incidental to activities in high ground are not
transported into downstream receiving waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ❑x No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑x No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? >24
2b. Does this project require a Stormwater Management Plan? ❑x Yes
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
am
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project includes construction of several large, permanent stormwater control measures which meet Phase II standards.
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this roiect?
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
Mint Hill
Mint Hill
❑x Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
❑ Yes ❑x No
❑ Coastal counties
❑ HQW
❑ ORW
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been , ❑ Yes
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes
❑ Yes
Page 8 of 10
PCN Form — Version 1.4 January 2009
❑ No
❑ No
❑ No

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

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or Yes ❑ No
habitat?
i
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑x No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Protected species evaluation conducted by W&W on September 2, 2021 for Schweinitz's Sunflowers, Smooth Coneflower, and Michaux's Sumac. No
species occurrences observed. NHP indicates no known occurrences of species with federal protections within a 1-mile radius of the site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑x No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ❑x No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO WebGIS service.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑x No
8b. If yes, explain how project meets FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?
FEMA National Flood Hazard Layer
suscul L.Wto
Applicant/Agent's Printed Name ApplicoyAgenrs Signature Date
(Agent's signatuWis valid only if an authorization
letter from the aoolicant is provided.)
Page 10 of 10

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301 S. MCDOWELL STREET
SUITE 300 PROJECT No: 6512-0915
CHARLOTTE, NC 28204 ISSUE DATE: 08/24/2021
PHONE [phone]
FAX [phone] SHEET NO OF

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°❑°°❑ MERRICK® oak Creek Overall Site Map
301 S. MCDOWELL STREET
SUITE 300 PROJECT No: 6512-0915
CHARLOTTE, NC 28204 ISSUE DATE: 08/24/2021
PHONE [phone]
FAX [phone] SHEET NO OF

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301 S. MCDOWELL STREET
SUITE 300
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PROJECT No:
6512-0915
ISSUE DATE:
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4
SHEET NO
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Temporary Impact
301 S. MCDOWELL STREET Exhibit A
SUITE 300 PROJECT No: 6512-0915
CHARLOTTE, NC 28204 ISSUE DATE: 08/24/2021
PHONE [phone]
FAX [phone] SHEET NO OF

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Perennial Tributary 1
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Scale: 1" = 40'
0 20 40
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301 S. MCDOWELL STREET
SUITE 300
CHARLOTTE, NC 28204
PHONE [phone]
FAX [phone]
10+00 11+00
Oak Creek
70
175 SF (21 LF)
Temporary Impact
00
Perennial Tributary 1
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Exhibit A
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PROJECT No:
6512-0915
ISSUE DATE:
08/24/2021
6
SHEET NO
14
OF

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301 S. MCDOWELL STREET
SUITE 300
CHARLOTTE, NC 28204
PHONE [phone]
FAX [phone]
Oak Creek
Perennial Tributary 1
Temporary impact 134 SF (26 LF)
Open cut stream for sewer installation
Perennial Tributary
Temporary Impact
Exhibit B
PROJECT No: 6512-0915
ISSUE DATE: 08/24/2021
7 14
SHEET NO OF

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0
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Scale: 1" = 40'
0 20 40
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301 S. MCDOWELL STREET
SUITE 300
CHARLOTTE, NC 28204
PHONE [phone]
FAX [phone]
`'90
10+00 11+00
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134' SF (26 LF)
Temporary Impact
80
,70
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Perennial Tributary 1
Temporary Impact
Exhibit B
Sewer Profile
PROJECT No:
6512-0915
ISSUE DATE:
08/24/2021
8
SHEET NO
14
OF

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301 S. MCDOWELL STREET Exhibit
SUITE 300 PROJECT No: 6512-0915
CHARLOTTE, NC 28204 ISSUE DATE: 08/24/2021
PHONE [phone]
FAX [phone] SHEET NO OF

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91
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0 20 40
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301 S. MCDOWELL STREET
SUITE 300
CHARLOTTE, NC 28204
PHONE [phone]
FAX [phone]
�90
180
46 SF (20 LF)
Temporary Impact
70
10+00 10+84
Oak Creek
.c
Perennial Tributary 3
Temporary Impact
Exhibit
Sewer Profile
PROJECT No:
6512-0915
ISSUE DATE:
08/24/2021
10
SHEET NO
14
OF

I
Proposed storm per Oak Cree
Plans by Merrick
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N \ -7
s— Perennial Tributary 1 ss - s Ss —
Stream impact 567 SF (.013 ac.), 83 LIF
00
Prop. 78 LF 60" '
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84" Culvert: 663.48' _ _ — ` 60" Culvert: 666.82' \
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°❑°°❑ MERRICK® Oak Creek Perennial Tributary 1
❑❑❑ Stream Impact
301 S. MCDOWELL STREET Exhibit
SUITE 300 PROJECT No: 6512-0915
CHARLOTTE, NC 28204 ISSUE DATE: 08/24/2021
PHONE [phone]
FAX [phone] SHEET NO OF

.'1
M
670
Restore natural channel
bed depth after
construction of culvert
60" Culvert: 666.49'
84" Culvert: 663.48'
Scale: 1" = 40'
0 20 40
°❑°°❑ MERRICK®
❑❑❑
301 S. MCDOWELL STREET
SUITE 300
CHARLOTTE, NC 28204
PHONE [phone]
FAX [phone]
660
0+00
Oak Creek
.'1
Prop. Grade
ME
670
Restore natural channel
bed depth after
construction of culvert
60" Culvert: 666.82'
84" Culvert: 663.82'
660
1+00
Perennial Tributary 1
Stream Impact
Exhibit
Storm Profile
PROJECT No:
6512-0915
ISSUE DATE:
08/24/2021
12
SHEET NO
14
OF

-,7—
Channel:685.25'
�60" Culvert: 684.0 \
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301 S. MCDOWELL STREET
SUITE 300
CHARLOTTE, NC 28204
PHONE [phone]
FAX [phone]
I r-- I I I'
Proposed storm per Oak Creek >;
Plans by Merrick
_ Prop. 73 LF 60"
— RCP Culvert
�\ — 14
i
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bank (typ)
% 60" Culvert: 684.85'
Perennial Tributary 3
Stream impact 300 SF (.006 ac.), 73 LF �j I
35' SWIM buffer
)ak Creek Perennial Tributary 3
Stream Impact
Exhibit PROJECT No: 6512-0915
ISSUE DATE:
08/24/2021
13
SHEET NO
14
OF

74 n
I
D
Restore natural char
bed depth a
construction of cuh
60" Culvert: 684.07'
R
Scale: 1" = 40'
0 20 40
°❑°°❑ MERRICK®
❑❑❑
301 S. MCDOWELL STREET
SUITE 300
CHARLOTTE, NC 28204
PHONE [phone]
FAX [phone]
74 n
0+00 1+00
Oak Creek
E
0
re natural channel
=_pth after
uction of culvert
60" Culvert: 684.85'
E
Perennial Tributary 3
Stream Impact
Exhibit
Storm Profile
PROJECT No:
6512-0915
ISSUE DATE:
08/24/2021
14
SHEET NO
14
OF

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01119 County: Mecklenburg U.S.G.S. Quad: NC- Midland
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: EHC Homes, LP
Daniel Robertson
Address: 8008 Corporate Center Drive, Suite 300
Charlotte, NC 28226
Telephone Number: 704-602-3307
E-mail: Daniel.robertson()sheahomes.com
Size (acres) 90 Nearest Town Mint Hill
Nearest Waterway Clear Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.21766
Longitude:-80.62043
Location description: The review area is located on the south side of Cabarrus Road; approximately 0.3 miles east of the
intersection of Cabarrus Road and NC-24. PIN: 13940102. Reference review area description shown in Jurisdictional
Determination Request package entitled "Vicinity Map" and dated 03/19/21.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/23/2021. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

SAW-2021-01119
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&u sace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 05/26/2021.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/deternimation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/deternimation may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: 2021.05.26 11:46:16-04'00'
Date of JD: 05/26/2021 Expiration Date of JD: Not applicable

SAW-2021-01119
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Wetlands and Waters, Inc.
Perry Isner
Address: 328 East Broad Street, Suite D
Statesville, NC 28677
Telephone Number: 704-773-4239
E-mail: perryisner(&wetlands-waters.com
Property Owner:
Alma Properties, LLC
Michael McGee
Address:
4608 Carriker Road
Monroe, NC 28110
Telephone Number:
704-534-0645
E-mail:
mike(&mcgeebricLcom

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: EHC Homes. LP, Daniel Robertson File Number: SAW-2021-01119
Date: 05/26/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
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. Philip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 05/26/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: EHC Homes, LP, Daniel Robertson, 8008
Corporate Center Drive, Suite 300, Charlotte, NC 28226
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Cabarrus Road, SAW-2021-
01119
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
south side of Cabarrus Road; approximately 0.3 miles east of the intersection of Cabarrus Road and NC-24.
PIN: 13940102. Reference review area description shown in Jurisdictional Determination Request package
entitled "Vicinity Map" and dated 03/19/21.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Mint Hill
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.21766 Longitude:-80.62043
Universal Transverse Mercator:
Name of nearest waterbody: Clear Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 05/26/21
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Feature
Latitude
Longitude
Estimated amount
Type of
Geographic authority to
(decimal
(decimal
of aquatic
aquatic
which the aquatic
degrees)
degrees)
resources in review
resources
resource "may be"
area (acreage and
(i.e., wetland
subject (i.e., Section 404
linear feet, if
vs. non-
or Section 10/404)
applicable
wetland
waters
Tributary 1
35.21773000
-80.61885700
1,080 linear feet
Non -wetland
404
Tributary 2
35.21855900
-80.62111000
1,385 linear feet
Non -wetland
404
Tributary 3
35.21451700
-80.62130200
1,900 linear feet
Non -wetland
404
Wetland A1000
35.21773700
-80.62116200
0.03 acres
Wetland
404
Wetland A2000
35.21974500
-80.61973700
0.03 acres
Wetland
404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit

applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Vicinity May and Figures 2-7
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® 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: Figure 3, USGS Topo Quad (7.5-minute
quadrangle Midland, NC)
®Natural Resources Conservation Service Soil Survey. Citation: Figure 4, Soil Survey (Soil Survey of
Mecklenburg County)
® National wetlands inventory map(s). Cite name: Figure 5, National Wetland Inventory May (USFWS NWI
Ma er
❑ State/local wetland inventory map(s):
®FEMA/FIRMmaps: Figure 7, FEMA Floodylain Panel (National Flood Hazard Laver)
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Vicinity May (Dated 03/19/21) and Figure 2, County GIS (Dated
03/19/21
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Figure 2, Approximate Depiction of Waters and Wetlands (Dated
03/23/21) and NCDWQ Stream Identification Forms, Version 4.11 (Dated 03/04/21)

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.
Bryan Roden -Reynolds
2021.05.26 11:45:55-04'00'
Signature and date of Regulatory
staff member completing PJD
05/26/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

Potentially Jurisdictional
Potentially Jurisdictional Water of the US
Water of the US Tributary 1
Wetland A2000 < -1080 LF
-0.03 ac
a-
rj
Potentially (
Jurisdictional 2 `
Water of the US
Tributary 2 r %%VII
-1385 LF
r o
�e f
n,
Potentially
Jurisdictional
Water of the US
Wetland A1000�
—0.03ac ��
s
i�
r
1
2
r
, r n
ri
*Wetland Sketch provided for illustrative �s� i �> '
purposes for preliminary planning use only., �; ,�, Potentially Jurisdictional
Not intended to be relied upon for exact
`��' ; Water of the US
location, dimensions, or orientation. All
Tributary3
findings and assessments made by wetland
consultants regarding limits of jurisdiction or —1900 LF
permitting requirements are subject to
verification by the US Army Corps of T
Engineers and other appropriate state and 111\`II
local authorities.
Project Name: Cabarrus Road Site
Owner / Developer: Empire
WETLANDS
WATERS City/County: Mint Hill / Mecklenburg
Tax PIN(s): 13940102
Figure 2- Approximate Depiction Coordinates: Scale: Date:
of Waters and Wetlands Lat: 35.21766 Long:-80.62043 1" = 350' 03/23/2021

i:
WETLANDS
.� fs WATERS, INC.
September 13, 2021
Susan Lamb
Empire Communities
8008 Corporate Center Drive
Charlotte, NC 28226
RE: Threatened and Endangered Species Evaluation
Cabarrus Road
Mint Hill, Mecklenburg County, NC
PIN:13940102
Ms. Lamb,
Wetlands & Waters, Inc. (W&W) has completed a cursory evaluation of the above referenced property
assemblage (hereafter referred to as "review area") for Federal threatened and endangered species and the
presence of suitable habitat for those species. Should future project -related impacts be necessary, this
report may be used by the U.S. Army Corps of Engineers (or other Lead Federal Agency) to determine if
additional coordination will be necessary to satisfy requirements of the Endangered Species Act.
The review area is located on the south side of Cabarrus Road, approximately 0.3 miles east of the
intersection of Cabarrus Road and NC Highway 49. Figure 1 depicts the review area for the purpose of
this report.
Methodology
Evaluation of the review area included a report of known species and critical habitat occurrences within
or in close proximity to the project area from the North Carolina Natural Heritage Program (NHP)
database (Attachment A); field reviews of known extant populations of species that may potentially be
present; and on -site field evaluations of potentially suitable habitat for Federally listed species known to
occur in Mecklenburg County (Table 1). The site evaluation focused on Michaux's Sumac, Smooth
Coneflower, and Schweinitz's Sunflower within potentially suitable habitat areas in the review area.
Table 1
Endangered (E) and Threatened (T) Species in Mecklenburg County, North Carolina
Species
Federal Status
Common Name
Scientific Name
Atlantic Pigtoe
Fusconaia masoni
Proposed Threatened
Michaux's Sumac
Rhus michauxii
Endangered
Carolina Heelsplitter
Lasmigona decorata
Endangered
Smooth Coneflower
j Echinacea laevigata
Endangered
Schweinitz's Sunflower
I Helianthus schweinitzii
Endangered
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

W
"y � WATERS, INC.ETLANDS
Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic
characteristics for species that may be present. When practical, known populations of Federal threatened
and endangered species are referenced in a non -intrusive manner for confirmation of seasonal growth
patterns, diagnostic features, and behavioral characteristics.
Field surveys were performed September 2, 2021. Photographs documenting reference populations (if
applicable) and existing site conditions are included in Attachment B. Plant communities and their typical
compositions were document on Habitat Assessment Forms (HAF) (Attachment C), with representative
HAF communities illustrated on Figure 2.
Findings
W&W did not identify previously undiscovered populations of Federally protected species in the review
area. Following are species -specific survey results.
Atlantic Pigtoe (Fusconaia masoni)
The Atlantic Pigtoe requires clean, moderate flowing water with high dissolved oxygen content in creek
and riverine environments. Historically, the best populations existed in creeks and rivers with excellent
water quality, where baseflow allowed for silt -free substrates (Alderman and Alderman 2014, as cited in
U.S. Fish & Wildlife Raleigh Field Office, Region 4; Atlantic Pigtoe SSA Technical Advisory Team,
2019). Because this species prefers more pristine conditions, it typically occurs in headwaters and rural
watersheds. It is associated with gravel and coarse sand substrates at the downstream edge of riffles, and
less commonly occurs in cobble, silt, or sand detritus mixtures (Bogan and Alderman 2008, as cited in
U.S. Fish & Wildlife Raleigh Field Office, Region 4; Atlantic Pigtoe SSA Technical Advisory Team,
2019).
The review area is located outside of proposed designated critical habitat for this species. Additionally,
project waters do not drain to proposed designated critical habitat for this species. Based on these
circumstances, the species would not be expected to occur within the review area.
Michaux's Sumac (Rhus michauxii)
Michaux's Sumac grows in sandy or rocky open woods on sandy or sandy loam soils with low cation
exchange capacities and appears to depend on some form of disturbance to maintain the open quality of
its habitat. This disturbance may be in the form of fire, wind throws, or openings created by roads,
railroads and utility rights of way (U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological
Services Field Office, 2021).
Potentially suitable habitat conditions are limited to field edges and combination roadway/powerline
rights -of -way (ROWS) of Cabarrus Road on the northern review area boundary and Williams Road on the
eastern review area boundary. Other portions of the review area have remained in forested conditions
since at least 1993. ROWS are composed of similar species composition and are regularly maintained via
mowing. Powerline ROW areas appear to be maintained to suppress growth of woody vegetation.
Portions of the ROW contain high herbaceous and shrub density, therefore lack potentially suitable
habitat due to competitive pioneer species. W&W did not observe evidence of the species within the
review area.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
ly4ys: WATERS, INC.
Carolina Heelsplitter (Lasmigona decorata)
The Carolina Heelsplitter is a freshwater mussel species with final designated critical habitat. The primary
constituent elements of critical habitat for this species include: permanent, flowing, cool, clean water;
geomorphically stable stream and river channels and banks; pool, riffle, and run sequences within the
channel; stable substrates with no more than low amounts of fine sediment; moderate stream gradient;
periodic natural flooding; and fish hosts, with adequate living, foraging, and spawning areas for them (B.
Hampstead, personal communication, September 14, 2020). Based on historic and recent records for the
species, the surviving occurrences exist as small fragments, restricted primarily to short reaches of
tributary streams (U.S. Fish & Wildlife Service, Southeast Region, Asheville Ecological Services Field
Office, 2012). The current range for the species in North Carolina includes South Fork Fishing, Bull Run,
Beaverdam, Sixmile, Cane, Waxhaw, and Gills creeks in the Catawba River Basin, and Flat Creek and
Lynches River in the Pee Dee River Basin (U.S. Fish & Wildlife Service, 2019).
The review area is located outside of designated critical habitat for this species. Additionally, project
waters do not drain to designated critical habitat for this species. Based on these circumstances, the
species would not be expected to occur within the review area.
Smooth Coneflower (Echinacea laeviLa
Smooth Coneflower is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone
bluffs and power line rights -of -way. The species is usually found on magnesium and calcium rich soils
associated with amphibolite, dolomite or limestone (in VA), gabbro (in NC and VA), diabase (in NC and
SC) and marble (in SC) (U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services
Field Office, 2011). The best Echinacea laevigata populations receive abundant sunlight and little
competition from other plant species (Gaddy 1991, as referenced in U.S. Fish & Wildlife Service
Southeast Region, Raleigh Ecological Services Field Office, 2011).
Potentially suitable habitat conditions are limited to field edges and combination roadway/powerline
rights -of -way (ROWS) of Cabarrus Road on the northern review area boundary and Williams Road on the
eastern review area boundary. Other portions of the review area have remained in forested conditions
since at least 1993. ROWS are composed of similar species composition and are regularly maintained via
mowing. Powerline ROW areas appear to be maintained to suppress growth of woody vegetation.
Portions of the ROW contain high herbaceous and shrub density, therefore lack potentially suitable
habitat due to competitive pioneer species. W&W did not observe evidence of the species within the
review area.
Schweinitz's Sunflower (Helianthus schweinitzii)
Habitat for Schweinitz's Sunflower includes clearings and edges of upland woods, thickets, and pastures.
The species is found along roadsides, powerline clearings, old pastures, and woodland openings.
Schweinitz's Sunflower requires disturbance (blowdowns, storm, or fire) to create open areas for full
sunlight, but may also grow in open stands of trees with minimal shade. Soils may be either shallow,
sandy with high gravel content, or a clayey hardpan. The sunflower may prefer soils derived from basic
material (Krings, Goyette, Suiter, & Samuels, 2021).
Potentially suitable habitat conditions are limited to field edges and combination roadway/powerline
rights -of -way (ROWS) of Cabarrus Road on the northern review area boundary and Williams Road on the
eastern review area boundary. Other portions of the review area have remained in forested conditions
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
ly4ys: WATERS, INC.
since at least 1993. ROWS are composed of similar species composition and are regularly maintained via
mowing. Powerline ROW areas appear to be maintained to suppress growth of woody vegetation.
Portions of the ROW contain high herbaceous and shrub density, therefore lack potentially suitable
habitat due to competitive pioneer species. No Helianthus species were observed on the subject property.
W&W did not observe evidence of the species within the review area.
Conclusions
W&W conducted evaluations of plant communities and potentially suitable habitat for federally
threatened and endangered species at the approximately 90-acre Cabarrus Road project review area.
W&W did not observe evidence of federally threatened or endangered species known to occur in
Mecklenburg County. Because no federally protected species were observed within the review area, it is
our opinion that there is no potential for a `Take' to any threatened or endangered species, and there will
be `No Effect' on federally protected species or their critical habitat as a result of proposed site
development.
This concludes our assessment of the presence or absence of Federal threatened and endangered species
and the presence of suitable habitat for those species. Should you require more information regarding the
results of our evaluation, please do not hesitate to contact us.
Sincerely,
Meagan Jolly
704.681.3479
Enclosures: Figure 1. Review Area
Figure 2. Habitat Assessment Form Locations
Attachment A. North Carolina Natural Heritage Program Report
Attachment B. Field Photographs
Attachment C. Habitat Assessment Forms
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
ly4ys: WATERS, INC.
References
Krings, A., Goyette, S., Suiter, D., & Samuels, M. (2021, July). Schweinitz's Sunflower (Helianthus
schweinitzii). Retrieved from Rare plants of North Carolina:
https://projects.ncsu.edu/cals/plantbiology/ncsc/rare/images/Hellanthus schweinitzii NHP.pdf
U.S. Fish & Wildlife Raleigh Field Office, Region 4; Atlantic Pigtoe SSA Technical Advisory Team.
(2019). Species Status Assessment Report for the Atlantic Pigtoe (Fusconaia masoni).
U.S. Fish & Wildlife Service. (2019, March 25). Carolina heelsplitter Lasmigona decorata, . Southeast
Region, USA. Retrieved from https://www.fws.gov/southeast/wildlife/mussels/carolina-
heelsplitter/#current-range-section
U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services Field Office. (2011). Smooth
Coneflower (Echinacea laevigata) 5-Year Review: Summary and Evaluation. Raleigh, NC: U.S.
Fish & Wildlife Service.
U.S. Fish & Wildlife Service, Southeast Region, Asheville Ecological Services Field Office. (2012).
Carolina Heelsplitter (Lasmigona decorata) 5-Year Review: Summary and Evaluation. Asheville,
NC: Asheville Ecological Services Field Office, U.S. Fish & Wildlife Service.
U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological Services Field Office. (2021).
Michaux's Sumac (Rhus michauxii) 5-Year Review: Summary and Evaluation. Raleigh: Raleigh
Ecological Services Field Office, U.S. Fish & Wildlife Service.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

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Attachment A
North Carolina Natural Heritage Program Report

]I ■■■
■■ ■ NC DEPARTMENT OF
■■i■i NATURAL AND CULTURAL RESOURCES
March 8, 2021
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Cabarrus Rd/Empire
Dear Meagan Jolly:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Wager Clark
Director, Division of land and Water Stewardship
NCNHDE-14143
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
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 found within the project area or is 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.
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 Federally -
listed species are 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�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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Attachment B
Field Photographs

DIRECTION 35.21634°N ACCURACY 35 ft
325 deg(T) 080.61735°W DATUM WGS84
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Empire Protected 2021-09-02
Cabarrus Road Species
DIRECTION 35.21787°N ACCURACY 15 ft
0 deg(T) 080.61698°W DATUM WGS84
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Empire Protected 2021-09-02
Cabarrus Road Species
DIRECTION 35.21783°N ACCURACY 33 ft
189 deg(T) 080.61708°W DATUM WGS84
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Empire Protected 2021-09-02
Cabarrus Road Species
DIRECTION 35.21791°N ACCURACY 15 ft
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Empire Protected 2021-09-02
Cabarrus Road Species

DIRECTION 35.21954°N ACCURACY 107 ft DIRECTION 35.21962°N ACCURACY 30 ft
211 deg(T) 080.61663°W DATUM WGS84 274 deg(T) 080.61673°W DATUM WGS84
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Cabarrus Road Species Cabarrus Road Species
DIRECTION 35.22030°N ACCURACY 59 ft DIRECTION 35.22017°N ACCURACY 68 ft
15 deg(T) 080.61655°W DATUM WGS84 355 deg(T) 080.61608°W DATUM WGS84
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Cabarrus Road
Species
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2021-09-02 Empire Protected 2021-09-02
Cabarrus Road Species

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DIRECTION 35.21965°N ACCURACY 62 ft DIRECTION 35.22094°N ACCURACY 124 ft
126 deg(T) 080.61506°W DATUM WGS84 277 deg(T) 080.61957°W DATUM WGS84
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Empire Protected 2021-09-02
Cabarrus Road Species
DIRECTION 35.22090°N ACCURACY 33 ft
103 deg(T) 080.61952°W DATUM WGS84
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Empire Protected 2021-09-02
Cabarrus Road Species
Empire
Cabarrus Road
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Species
2021-09-02

Attachment C
Habitat Assessment Forms

Project N6mg-TS, 'F-''�n ll Client/Site County Pa_ Form ID
Date q' 2 Investigators Location Coordinates
Target SpeciesS. e A , �' „ • �C
Habitat Name
Habitat Description
Soil
Aspect
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Slope '
Light
Topo Position
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Open
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❑
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❑
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Filtered
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❑
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❑ Shaded
Lower slope
Vertical
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Bottom
Percent Cover Characteristic Species
U Inundated
= Saturated
= Moist (Mesic)
© Dry (Mesic)
= Dry (Xeric)
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Habitat Unsuitable May have never
Disturbances ❑ Exotics destroyed ahabitat E30ccurred here = Other
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Strickland, Bev
From: [e-mail]
Sent: Monday, May 24, 2021 12:01 AM
To: [e-mail]
Cc: Johnson, Alan
Subject: Pre -Filing Time Clock has been reached for Cabarrus Road - 20210837 Ver 1
Attachments: DWR Pre -Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Cabarrus Road
that you submitted on 4/23/2021. The ID number for that project is 20210837, Version 1.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be
accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
Internal Use only: Non Transportation
i

DWR Pre -Filing Meeting Request Form
ID#*
Regional Office*
Reviewer List*
20210837
Version*
1
Mooresville Regional Office - [phone]
Alan Johnson
Pre -Filing Meeting Request submitted 4/23/2021
Contact Name *
Contact Email Address*
Project Name*
Project Owner*
Project County*
Meagan Jolly
[e-mail]
Cabarrus Road
Empire Homes
Mecklenburg
Owner Address: Street Address
8008 Corporate Center Drive
Address Line 2
Suite 300
City State / Rovince / Region
Charlotte NC
Fbstal / Zip Code Country
28226 USA
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - I— 401 Water Quality Certification -
Regular Express
fl Individual Permit I— Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes (' No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information. *
Residential subdivision. Site address: 14250 Cabarrus Road,
Charlotte NC 28227
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.
• I 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 4/23/2021

DWR Pre -Filing Meeting Request Form
ID#*
Regional Office*
Reviewer List*
20210837
Version*
1
Mooresville Regional Office - [phone]
Alan Johnson
Pre -Filing Meeting Request submitted 4/23/2021
Contact Name *
Contact Email Address*
Project Name*
Project Owner*
Project County*
Meagan Jolly
[e-mail]
Cabarrus Road
Empire Homes
Mecklenburg
Owner Address: Street Address
8008 Corporate Center Drive
Address Line 2
Suite 300
City State / Rovince / Region
Charlotte NC
Fbstal / Zip Code Country
28226 USA
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - I— 401 Water Quality Certification -
Regular Express
fl Individual Permit I— Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes (' No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information. *
Residential subdivision. Site address: 14250 Cabarrus Road,
Charlotte NC 28227
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.
• I 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 4/23/2021