20211382 Ver 1_ePCN Application_20210917

DWR
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
20211382
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 - [phone]
'Information for Initial Review
la. Name of project:
Ventosa at Catawba Springs
la. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:*
[e-mail]
Date Submitted
9/17/2021
Nearest Body of Water
Killian Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.4915-80.0249
A. Processing Information
County (or Counties) where the project is located:
Lincoln
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:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
Version
1
Pre -fling Meeting or Request Date
8/17/2021
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 Ventosa.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:
49.47KB
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?
W Owner r 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:
Ventosa LLC
2b. Deed book and page no.:
r Yes r No
r Yes r No
2c.Contact Person:
David Clark Jr

2d.Address
Street Address
P.O. Box 9
Address Line 2
City
Lincolnton
Postal / Zip Code
28093
2e. Telephone Number:
[phone]
2g. Email Address:*
amber. lipsky@wetlands-e pg. com
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Kuefler
4b. Business Name:
Wetlands & Environmental Planning Group
4c.Address
Street Address
10612-D Providence Road
Address tine 2
PMB 550
City
Charlotte
Postal / Zip Code
28277
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Denver
2. Project Identification
2a. Property Identification Number:
3693783930,3694801831,3693790607
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Killian Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Catawba
Slate / Ffovince / Pagim
NC
Country
USA
2f. Fax Number:
Slate / Ftovince / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
105
State / Rovince / legion
Country
3d. Please provide the 12-digit HUC in which the project is located.
030501011303

4. Project Description and History
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 Ventosa at Catawba Springs site is located just south of Kidville Road, and just west of Saint James Church Road in Lincoln County, NC. The topography consists of gently sloped
upland grading into moderate slopes and stream corridors with the elevation ranging from 700 to 820 ft. The entire site is wooded with a pond and slopes that drain to Killian Creek.
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
4f. List the total estimated acreage of all existing wetlands on the property:
4.125
4g. List the total estimated linear feet of all existing streams on the property:
4527
4h. Explain the purpose of the proposed project:*
The proposed residential subdivision involves impacts to one wetland and one stream for two road crossings.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
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 f Not Verified r Unknown r NIA
Corps AID Number:
SAW-2021-00705
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
This site was verified by D. Brown (USAGE) on June 2, 2021. A copy of the signed JD approval is included in the Jurisdictional Determination Information section.
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
W1
Road Crossing
P
ffmland Hardwood Forest
Wetland C
Yes
Corps
0.028
(acres)
W2
Road Crossing
P
Bottomland Hardwood Forest
Wetland C
Yes
Corps
0.007
(acres)
W3
Road Crossing
P
Bottomland Hardwood Forest
Wetland C
Yes
Corps
0.027
(acres)
W4
Road Crossing
P
Bottomland Hardwood Forest
Wetland C
Yes
Corps
0.008
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.070
2g. Total Wetland Impact
0.070
2i. Comments:
W1- Wetland C culvert
W2- Riprap apron
W3- Wetland C culvert
W4- Riprap apron
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 Permanent Culvert
Stream B
Perennial
Corps
10
Average (feet)
59
(lirearfeet)
S2
Road Crossing
Permanent
Rip Rap Fill
Stream B
Perennial
Corps
10
Average (feet)
16
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
75 0
31. Total stream and ditch impacts:
75
3j. Comments:
S1- 0.014 AC
S2- 0.004 AC
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:
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. Proposed impacts are proposed to comply with City connectivity and safety requirements and have been reduced by using headwalls.
The applicant has demonstrated avoidance and minimization efforts avoiding 98 % of onsite streams and 98 % of onsite wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the mabmum allowable headwalls will be used to minimize crossing impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Due to limited site impacts, no mitigation is proposed
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. 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:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes f No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
6 Yes C' No
Comments:

Low density development
G. Supplementary Information
1. Environmental Documentation
1a. 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 (15ANCAC 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 f• No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
No additional phases proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
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.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
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
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
r Unknown
51. 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?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is except as described in the attached T&E report. Report has been submitted to FWS for concurrence.
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?*
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)

7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO'swebsite: https://nc.maps.arogis.conV
There are no NRHP-listed properties on the site. Please refer to the attached Cultural Resources Report and narrative in the cover letter.
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:
No net grading/fill will occur in the floodplain.
8c. What source(s) did you use to make the floodplain determination?*
wvAv.fema.gov
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.
pick the upload button a drag and drop files here to attach document
Ventosa at Catawba Springs PCN - NCDEQ.pdf 15.2MB
File rrust be FLF or lIaV
Comments
A complete PCN package is attached.
Signature
*
17 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:
Daniel Kuefler
Signature
Date
9/17/2021

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2021 - 00705 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Ventosa at Catawba Springs
2. Work Type: Private � Institutional11
Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
NWP 29 request for residential development
4. Property Owner / Applicant [PCN Form A3 or A4]:
Ventosa LLC
5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.4915,-81.0249
Kidville Road and Saint James Church Road
8. Project Location -Tax Parcel ID [PCN Form 61a]: 3693783930, 3694801831, 3693790607
9. Project Location —County [PCN Form A2b]: Lincoln
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Denver
11. Project Information — Nearest Waterbody [PCN Form 132a]: Killian Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050101 )
Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 29
❑ Regional General Permit #
Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
OaIMeWks] 111141L160%

WEPG
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
September 17, 2021
Mr. David Brown
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wcjoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Subject: SAW-2021-00705; Pre -Construction Notification for NWP #29 for the Ventosa at
Catawba Springs site in Denver, Lincoln County, North Carolina
Messrs. Brown, Johnson, Wojoski, and Hamstead,
Enclosed is a request for Nationwide Permit 929 for the Ventosa at Catawba Springs site on +/-
105 acres located south of Kidville Road and west of Saint James Church Road in Denver, NC.
The site is a proposed residential development and consists of six streams, six wetlands, and one
open water pond. A Preliminary Jurisdictional Determination Request for the proposed project
was authorized in June 2021. Please refer to the Jurisdictional Determination Information
sections for information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include permanent impacts to one
wetland and one stream for two road crossings. Overall impacts to site surface waters associated
with the proposed development were limited through site selection location, design, and the
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
len. ri [e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
location/orientation of the proposed lots and access routes. Headwalls are proposed at each
crossing and, where possible, 2:1 slopes will be implemented to limit impacts to site surface
waters. Total permanent impacts proposed include 75 linear feet (0.018 AC) of stream impact
(Stream B) and 0.07 acres of wetland impacts (Wetland C). These access crossings were
necessary due to City connectivity requirements for emergency and site access. The applicant has
demonstrated substantial avoidance and minimization efforts in which 98% of the 4.125 acres of
onsite wetlands and 98% of the 4,527 linear feet onsite streams will be avoided. No mitigation is
proposed due to limited site impacts.
The client has designed the site with great care and consideration for the existing cemetery on
site. Jason Harpe, Public Historian/Director of Cemetery Conservation, was engaged by the
client to provide a written report detailing the extensive genealogy and history of those interred
there. Mr. Harpe and his staff also cleaned and restored the cemetery headstones. A 50 foot
buffer is proposed for the cemetery to prevent possible disturbances and a provision will be
included in the bylaws to honor access requests to descendants.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species, or their critical habitat as designated under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the terrestrial species evaluation. Thank you for your consideration and please contact
me if you have any questions, [phone] or email at daniel.kuefler2wetlands-e]2g.com.
Sincerely,
r '
Daniel Kuefler Len Rindner, PWS
Environmental Scientist Principal
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetiands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PM 283
Asheville, NC 28805

C
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Permit Application

w A rE�QG
T.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Ventosa at Catawba Springs
2b.
County:
Lincoln
2c.
Nearest municipality / town:
Denver
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Ventosa LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
David Clark Jr.
3d.
Street address:
P.O. Box 9
3e.
City, state, zip:
Lincolnton, NC 28093
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Daniel Kuefler
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
336-554-2728
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
3693783930, 3694801831, 3693790607
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.4915 Longitude:-80.0249
1c.
Property size:
105 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Killian Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba/03050101
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 Ventosa at Catawba Springs site is located just south of Kidville Road, and just west of Saint James Church Road in Lincoln County, NC. The
topography consists of gently sloped upland grading into moderate slopes and stream corridors with the elevation ranging from 700 to 820 ft. The
entire site is wooded with a pond and slopes that drain to Killian Creek.
3b.
List the total estimated acreage of all existing wetlands on the property: 4.125
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,527
3d. Explain the purpose of the proposed project:
The proposed residential subdivision involves impacts to one wetland and one stream for two road crossings.
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments: SAW-2021-00705
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This site was verified by D. Brown (USAGE) on June 2, 2021. A copy of the signed JD approval is included in the Jurisdictional Determination
Information section.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X 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 P
Culvert
Bottomland Hardwood Forest
Yes
Corps
0.0286
W2 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.0069
W3 P
Culvert
Bottomland Hardwood Forest
Yes
Corps
0.0272
W4 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.0077
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.0704
2h. Comments:
W1- Wetland C culvert
W2- Riprap apron
W3- Wetland C culvert
W4- Riprap apron
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
Stream B
PER
Corps
10
59
S2 P
Stabilization
Stream B
PER
Corps
10
16
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
75
3i. Comments:
S1- 0.014 AC
S2- 0.004 AC
Page 4 of 10
PCN Form — Version 1.4 January 2009

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

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. Proposed impacts are proposed to comply with City connectivity and safety requirements and have been reduced by using headwalls.
The applicant has demonstrated avoidance and minimization efforts avoiding 98% of onsite streams and 98% of onsite wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
20
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
Low density development
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Statesville
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

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

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes 0 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
0 Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is except as described in the attached T&E report. Report has been submitted to FWS for concurrence.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes 0 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes 0 No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: https://nc.maps.arcgis.com/ There are no NRHP-listed properties or other historic resources recorded in the project area.
Please refer to the attached Cultural Resources Report and narrative in the cover letter.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
0 Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No net grading/fill will occur in the floodplain.
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
%
Daniel Kuefler
09-17-2021
Date
Applicant/Agent's(Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

WEPG
Wetlands and Environmental Planning Group Leonard S Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below. do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Ventosa at Catawba Springs
Property Address: Kidville Road and Saint James Church Road
Parcel Identification Number (PIN): 3693783930.3694801831.3693790607
Select one: I anz other
Name: David Clark JR
Company: Ventosa LLC
Mailing Address: PO Box 9, Lincolnton, NC 28093
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
3 /2.3
Property Owner l Interested Buyer * / Other'
* The Interested Buyer/Other acknowledges that an agreement andlor formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the propert}, is not owned by the signatory.
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
www.wetlands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

►0
Maps/Plans

Denver
(I —I-,
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Patricia A Garman CPA
9 PROJECT
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+/- 104.96 Lincoln County, NC
VICINITY MAP
03115121 Subject to USACE/NCDEQ verification
o►
i
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AN 47A
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� 1
Acres: VENTOSA AT CATAWBA SPRINGS Prepared
+/- 104.96 Lincoln County, NC for: VENTOSA LLC
FIGURE
3 NRCS SOIL SURVEY MANUSCRIPT MAP
Drawn By: Reviewed By:
03115121 Subject to USACE/NCDEQ verification ALL DCK

NRCS Soil Survey Manuscript
Lincoln County 1976
F F • - _
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6_7
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MaD
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5_$
5.0%
percent slopes
MdC2
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11.0
11.5%
15 percent slopes,
moderately eroded
PaD
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6.3
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21-9
21.0%
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eroded
PeC 2
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13.1
13.3%
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moderately eroded
4v
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+f_5
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1.5
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'
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eompiex a to 13 percent
elopes
W yD
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3
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To401 for Aloe of Inleme 1 OQ 6
100.0%
Acres: VENTOSA AT CATAWBA SPRINGS Prepared
+/- 104.96 Lincoln County, NC for: VENTOSA LLC
FIGURE
4 Drawn By: Reviewed By:
NRCS SOIL SURVEY MANUSCRIPT MAP
03115121 Subject to USACE/NCDEQ verification ALL DCK t•, t '

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PARCEL ID: 3693790607
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WETLANDS EXHIBITS
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2923 S. Tryon Street, Suite 320
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JOB NO.: 00846.00
OWNER /CLIENT:
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DAVID CLARK JR. / VENTOSA LLC
DATE: 09.13.21
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jurisdictional
Determination Information

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2021-00705 County: Lincoln U.S.G.S. Quad: Lowesville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Ventosa, LLC / Attn.: David Clark, Jr.
Address: P.O. Box 9
Lincolnton, NC 28093
Telephone Number: 704-735-9001
Email: davidcj [e-mail]
Size (acres): 105 Nearest Town: Denver
Nearest Waterway: UTs Killian Creek and Killian Creek Coordinates: 35.4915 N, 81.0249 W
River Basin/HUC: Upper Catawba (03050101)
Location description: The site is located on a tract of land (PINS 3693-78-3930, 3694-80-1831, and 3693-79-0607)
west of the intersection of Kidville Road and St. James Church Road in Denver, Lincoln County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described 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. 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 are wetlands on the above described 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 overall 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 of the U.S. on your 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 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 of the U.S., including wetlands, on the above described project area 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 of the U.S. on your 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 of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly 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 of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on . 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 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 David Brown at
828-271-7980, ext. 4232 or [e-mail].
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S. at this site were verified by the Corps during a site inspection on May 6, 2021, and are as
approximately depicted on the attached Delineation Map, Figure 6, submitted by Wetlands and Environmental Planning
Group.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in
this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of
the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation
in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service
center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Gcorgia 30303-8803
OR
[e-mail]

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 (preliminary jurisdictional
determination).
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
David Brown
Issue Date of JD: June 2, 2021 Expiration Date: N/A preliminary jurisdictional determination
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 our Customer Satisfaction Survey, located online at https://re ug latoly.ops.usace.army.mil/customer-
service-survey/
Copy Furnished (by email):
Wetlands and Environmental Planning Group, Daniel Kuefler, [e-mail]

MILNOTIFIC OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQLMST FOR APPEAL
Applicant: Ventosa, LLC / Attn.: David Clark, Jr. File Number: SAW-2021-00705 Date: June 2, 2021
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT IStandard Permit or Letter of permission,
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 http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.aspx or 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 division 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 11- 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: r
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may also
appeal process you may contact:
contact:
District Engineer, Wilmington Regulatory Division,
Mr. Philip Shannin, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
828-271-7980, ext. 4232
[e-mail].
Phone: [phone]
Email: [e-mail]
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: David Brown, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: June 2, 2021
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Ventosa, LLC / Attn.: David Clark, Jr.
P.O. Box 9
Lincolnton, NC 28093
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2021-00705, Ventosa Subdivision
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION:
The site is located on a tract of land (P1Ns 3693-78-3930, 3694-80-1831, and 3693-79-0607) west of the intersection
of Kidville Road and St. James Church Road in Denver, Lincoln County, North Carolina.
State: NC County/parish/borough: Lincoln City: Denver
Center coordinates of site (lat/long in degree decimal format): 35.4915 N, 81.0249 W
Universal Transverse Mercator: N/A
Name of nearest waterbody: UTs Killian Creek and Killian Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: June 2, 2021
® Field Determination. Date(s): May 6, 2021
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Site Number
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
Stream A
(UT Killian
35.4914
-81.0215
415 if
Non -wetland Waters
Section 404
Creek)
Stream AA
(UT Killian
35.4914
-81.0203
385 if
Non -wetland Waters
Section 404
Creek)
Stream B
(UT Killian
35.4920
-81.0228
850 if
Non -wetland Waters
Section 404
Creek)
Wetland C
35.4923
-81.0236
4.5 ac
Wetland
Section 404
Stream E
(UT Killian
35.4938
-81.0220
725 if
Non -wetland Waters
Section 404
Creek)

Wetland F
35.4949
-81.0222
0.60 ac
Wetland
Section 404
Wetland G
35.4921
-81.0246
0.74 ac
Wetland
Section 404
Pond GG
35.4918
-81.0255
4.66 ac
Non -wetland Waters
Section 404
Wetland H
35.4949
-81.0223
0.005 ac
Wetland
Section 404
Stream I
(UT Killian
Creek)
35.4912
-81.0278
465 if
Non -wetland Waters
Section 404
Wetland J
35.4909
-81.0289
0.13 ac
Wetland
Section 404
Wetland K
35.4904
-81.0290
0.45 ac
Wetland
Section 404
Killian Creek
35.4898
-81.0298
9501f
Non -wetland Waters
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.
In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant
has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authorization based on a PJD, which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization on an AJD could possibly result in less compensatory mitigation
being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with
all the terms and conditions of that permit, including whatever mitigation requirements the Corps
has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit
authorization without requesting an AJD constitutes the applicant's acceptance of the use of the
PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by that
activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any
administrative or judicial compliance or enforcement action, or in any administrative appeal or in
any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will
be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in the review
area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD
finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could be

affected by the proposed activity, based on the following information:
SUPPORTING DATA
Data reviewed for preliminary JD (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 preliminary JD requester: Wetlands and Environmental
Planning Group
® Data sheets prepared/submitted by or on behalf of preliminary JD requester. Wetlands and Environmental Planning
Group
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
i Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name: Lowesville
Natural Resources Conservation Service (MRCS) Soil Survey.
Citation: Lincoln County, NC
EJ National wetlands inventory (NWI) map(s). Cite name:
State/Local wetland inventory map(s):
Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map No. 3710369300J,
effective date Aug. 16, 2007
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date): Google Earth Pro — Nov. 2019, Mar. 2018, Nov. 2013, Apr. 2010, Jun. 2008,
Nov. 2006, Mar. 2003, Mar.1998, and Feb. 1993
® Other (Name & Date): SAW Regulatory Viewers — USGS Hydrography Dataset and LIDAR DEM, Hillshade
and Slope
❑l Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting scientific literature:
® Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.0). The site also contains an open water (impoundment). The impoundment
receives waters and/or flow directly into associated wetlands and/or stream. The open water is an impoundment of a
UT Killian Creek.
The streams on the property are UTs Killian Creek and Killian Creek. All exhibit physical ordinary high water mark
(OHWM) indicators including, break in slope; developed bed and bank; changes in sediment texture and soil
character; natural line impressed on the bank; shelving; absence of vegetation; leaf litter washed away; sediment
deposition and sorting; presence of aquatic life; water staining; presence of debris; and scour. Some of the streams are
depicted as solid blue lines on the USGS 7.5 minute quadrangle map Lowesville and the most current Natural
Resource Conservation Service Soil Survey for Lincoln County. The UTs Killian Creek flow into Killian Creek, which
flows into Dutchmans Creek. Dutchmans Creek flows into the Catawba River, a traditional navigable river.
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.

David Brown, June 2, 2021 In File with submitted JD Request
Signature and date of Regulatory Wetlands and Environmental Planning Group /
staff member completing Daniel Kuefler
preliminary JD (Daniel Kuefler signed and dated request preliminary
JD per agent authorization)
Please sign this Preliminary JD Form. Keep a signed copy for your record and return a signed form to the Asheville
Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC28801-5006
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.

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22
Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Ventosa at Catawba Springs
Lincoln County, North Carolina
By: Lisa R. Gaffney
Biologist
Field investigation conducted during the weeks of April 5, 2021, and
August 16, 2021.
Charlotte Office:
10612-0 Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
, :;v v.wetlands-epg.com
Asheville ❑ffice:
1070 Tunnel Rd., Bldg, I
Suite 10, PMB 283
Asheville, NC 28805

Ventosa at Catawba Springs
Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Ventosa at Catawba Springs site (+/- 104.96 acres) is located just south of
Kidville Road, and just west of Saint James Church Road, in Lincoln County,
North Carolina. The site can be found on the Lowesville USGS Topographic
Quadrangle Map; latitude is 35.49160N, longitude is 81.0244 °W. The
topography consists of gently sloped upland grading into moderate slopes and
stream corridors with the elevation ranging from 700 to 820 ft. (Figure 1). The
entire site is wooded with a pond and slopes that drain to Killian Creek.
Figure 1:
I
�— �( - � kel ,f rimga i � � _ 1 - �• �i
II
-- / PRtl,iEC7 6tllliJf]ARY � ^� 1 --
STUDY LIMTS •I
I y I 1
v� J �•
rI 1
' \ I KILLIAN CREEK
. �� ,i�, _� Fyn - - � - I 1. '. f•. / j
LOCATION
Iw
y Lat: 35.4916 4N
k.. i _ J I-
1• � .� Long:-81A244 QW
I y SCALE USGS QUAD HUC: 03050101
;Y 1.24,000 Lowesville, NC 1970 CATAW13A
Ventosa atCatawba SpringsSite Plepared
+�-104.96 Lincoln Coun[y, NC fur:
FIGURE 1
NRCS SOIL SURVEY MANUSCRIPT MAP Drawn Ry: Reviewed By:
03/15/27 Subject to USAF1WC Q verr/icahon ALL
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Ventosa at Catawba Springs
Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
htti)s://ecos.fws.gov/ii)ac/location/YFK2OD4B IVERXPWUQ254RE ILQQ/resource
s was referenced to determine the occurrence of Threatened, Endangered and
Protected species for Lincoln County North Carolina, the results of which are
listed below (Table 1). Maps and aerial photographs were assembled, and the
site was investigated during the weeks of April 5, 2021, and August 16, 2021.
Table 1: Threatened / Endangered / Protected Species listed for Lincoln
County
*Source: US Fish & Wildlife Service
**Data search on April 5, 2021 *updated August 16, 2021
Flowering Plants Dwarf -flowered Heartleaf Threatened
(Hexastylis naniflora)
Flowering Plants Schweinitz's Sunflower Endangered
(Helianthus
schweinitzii)
Flowering Plants Michaux's Sumac (Rhus Endangered
micha uxii
Mammals Northern Long- Eared Bat Threatened
(Myotis se,ntentrionalis)
Birds Bald Eagle (Haliaeetus Protected under the
leucoce,nhalus) Bald and Golden Eagle
Protection Act
WEPG#00882 3
Wetlands and Environmental Planning Group

Ventosa at Catawba Springs
Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
Three plant species with federal protection are listed as potentially occurring in
Lincoln County:
Dwarf -flowered Heartleaf (Hexastylis nanif/ora), listed as Federally
Threatened, is only found in the upper Piedmont of North and South
Carolina. It grows in acidic soils along bluffs and adjacent slopes, often in
association with Mountain Laurel.
Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights -of -way (ROW).
Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
Two animal species with federal protection are listed as potentially occurring in
Lincoln County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of
open water such as lakes, marshes, seacoasts and rivers, where there are
suitable fish populations and tall trees for nesting and roosting.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non -reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
WEPG#00882 4
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Fentosa at Catawba Springs
Threatened /Endangered /Protected Species Evaluation
RESULTS:
The entire site is wooded with a pond and slopes that drain to Killian Creek along
the western boundary. There is a successional disturbed mixed pine -hardwood
forest on the upland slopes, and the lower slopes and stream corridors are
dominated by a disturbed mixed hardwood forest community.
Canopy trees include Loblolly Pine (Pinus taeda), Shortleaf Pine (P. echinata),
Virginia Pine (P. virginiana), White Oak (Quercus alba), Willow Oak (Q. phellos),
Black Oak (Q. velutina), Northern Red Oak (Q. rubra), Southern Red Oak (Q.
falcata), Post Oak (Q. stellata), Mockernut Hickory (C. tomentosa), Pignut
Hickory (C. glabra), Sweetgum (Liquidambar styraciflua), Tulip Poplar
(Liriodendron tulipifera), and Sycamore (Platanus occidentalis). The subcanopy
contains Sourwood (Oxydendrum arboreum), Umbrella Tree (Magnolia tripetela),
American Beech (Fagus grandifolia), Ironwood (Carpinus caroliniana), American
Holly (Ilex opaca), Red Maple (Acerrubrum), Winged Elm (Ulmus alata), Eastern
Red Cedar (Juniperus virginiana), Flowering Dogwood (Corpus florida),
Hackberry (Celtis laevigata), Redbud (Cercis canadensis), Ironwood (Carpinus
caroliniana), Black Gum (Nyssa sylvatica), and Black Cherry (Prunus serotina).
The shrub layer includes Spicebush (Lindera benzoin), Autumn Olive (Elaeagnus
umbellate), Paw Paw (Asimina triloba) and Chinese Privet (Ligustrum sinense).
Vines present are Japanese Honeysuckle (Lonicera japonica), Chinese Wisteria
(Wisteria sinensis), Trumpet Creeper (Campsis radicans), Virginia Creeper
(Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy
(Toxicodendron radicans). The herb layer is sparse on the drier uplands and
slopes, becoming denser on the lower slopes and creek corridors, and includes
Christmas Fern (Polystichum acrostichoides), Crane -fly Orchid (Tipularia
discolor), Trout Lily (Erythronium americanum), Spotted Wintergreen (Chimaphila
maculata), Panic Grass (Panicum sp.), River Oats (Chasmanthium latifolium),
and Japanese Stiltgrass (Microstegium vimineum).
The pond is surrounded by trees and has a typical wetland fringe dominated by
shrubs and emergent vegetation including Tag Alder (Alnus serrulata), Elderberry
(Sambucus canadensis), Soft Rush (Juncus effusus), Sedges (Carex spp.,
Cyperus spp.), and Water Primrose (Ludwigia spp.).
The roadside and power line right of way along Kidville Road has turf grass
shoulders and ditches, with patches of narrow weedy buffers along the tree lines.
Fescue (Festuca sp.), and Broomsedge (Andropogon virginicus) dominate. The
transitional species include Blackberry (Rubus sp.), Sericea Lespedeza
(Lespedeza cuneata), Goldenrod (Solidago sp.), Ragweed (Ambrosia sp.),
Wingstem (Verbesina sp.), Dogfennel (Eupatorium capillifolium), Johnson Grass
(Sorghum halepense), Indian Grass (Sorghastrum nutans),and Plume Grass
(Erianthus contortus).
WEPG400882 5
Wetlands and Environmental Planning Group

Ventosa at Catawba Springs
Threatened /Endangered /Protected Species Evaluation
Threatened / Endangered / Protected Species Results
• The wooded slopes and drainages were investigated for Dwarf -flowered
Heartleaf, and no individuals of this species and no plants of the genus
Hexastylis were observed. WEPG concludes Dwarf -flowered Heartleaf
(Hexastylis nanif/ora) does not occur on the site.
• All potential habitats for Schweinitz's Sunflower along the roadsides and
woods edges were examined and the species was not observed. WEPG
concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur
on the site.
• All potential habitats for Michaux's Sumac along the roadsides and woods
edges were examined and the species was not observed. WEPG
concludes Michaux's Sumac (Rhus michauxii) does not occur on the site.
• No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed. WEPG concludes Bald Eagle
(Haliaeetus leucocephalus) does not occur on the site.
• Comparing this site location to the USFWS Asheville office's website
(http-//www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html)
WEPG concludes the site meets the "exempt" criteria which requires no
further action under section 7 of the Endangered Species Act for the
Northern Long-eared Bat.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
Lisa R. Gaffney
Biologist
August 23, 2021
6
Wetlands and Environmental Planning Group

Fentosa at Catawba Springs
Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
which led to the purchase of the site by the State of North Carolina Plant
Conservation Program, now called Redlair Preserve. This population has
become a Recovery Site for the species.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 55,000 acres in North and South Carolina, 1996 -
present.
• Participated in numerous Piedmont Prairie restoration projects in both
North and South Carolina.
Wetlands and Environmental Planning Group
7
Leonard S. Rindner, PLLC.

U
Cultural Resources
Report

R.S. Webb & Associates
Cultural Resource Management Consultants
2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319
Holly Springs, Georgia 30142
Phone: [phone] • Fax: [phone]
September 8, 2021
Mr. Len Rindner
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, North Carolina 28105
Subject: Letter of Findings - Cultural Resources Reconnaissance Survey
105-Acre Ventosa Development Tract
Lincoln County, North Carolina
R.S. Webb & Associates No. 14-649-031
Dear Mr. Rindner:
BACKGROUND
During November 2016, R.S. Webb & Associates (RSWA) conducted a cultural resources
reconnaissance survey for what is now known as the 105-acre Ventosa at Catawba Springs
development tract in Lincoln County, North Carolina (Figure 1). A "cultural resource" is defined
as a discrete area of human activity that is more than 50 years old. Cultural resources include, but
are not limited to, archeological sites, historic structures, military earthworks, mines/mining features,
historic cemeteries, historic landscape features, and other features that have resulted from historic
human activity.
The purpose of the current study was to determine if previously recorded cultural resources are
located within the project area and to search for unrecorded significant cultural resources [i.e.,
resources eligible for the National Register of Historic Places (NRHP)] within the study tract. A
secondary goal was to generally assess land use history and potential post -depositional effects on
cultural resources.
METHODOLOGY
Literature and Records Search: Archival sources and background data on the project area were
gathered from the following repositories:
• North Carolina State Historic Preservation Office (SHPO), Raleigh, North Carolina
• North Carolina Office of State Archeology (OSA), Raleigh, North Carolina
• State Archives of North Carolina, Raleigh, North Carolina
• The North Carolina Historic Preservation Office GIS Web Service (HPOWEB found at
http://gis.ncdcr.gov/hpoweb/)
• North Carolina Maps Project, found at http://www2.lib.unc.edu/dc/ncmaps/
• Historic aerial photographs found at http://www.historicaerials.com/

Findings - Cultural Resources Reconnaissance Survey, 105-Acre Ventosa Development Tract Page 2
September 8, 2021
Records at the OSA were examined, including official files and maps, followed by a review of the
pertinent site forms, and manuscript/report files. At the SHPO, NRHP files and Lincoln County
historic structures survey files were reviewed. The North Carolina Historic Preservation Office's GIS
database (HPOWEB) was also used to locate state -recognized historic resources in Lincoln County.
Historic aerial photographs were reviewed at historicaerials.com. Historic county maps were viewed
through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives
of North Carolina, and the Outer Banks History Center.
The following sources were examined to search for historic resources within and adjacent to the
project area:
• 1914 USDA Soil Map of Lincoln County
• 1916 USGS 15-minute Gastonia, North Carolina quadrangle map
• 1910-1919 Rural Delivery Route Maps, Lincoln County
• 1970 USGS 7.5 minute Lowesville, North Carolina quadrangle map
• 1951, 1965, and 1969 Agricultural Stabilization and Conservation Service aerial
photographs
• 1993-2015 Google Earth aerial photography
Reconnaissance Field Survey: The field reconnaissance was designed to sample areas likely to
contain prehistoric and/or historic resources. The Project Archeologist walked transects across
project area landforms as shown in Figure 2. Exposed areas, such as road cuts, trails, tree falls, and
eroding banks, were examined for artifacts. To monitor subsurface conditions, screened shovel tests
typically were excavated at 30-meter (m) intervals along most reconnaissance transects. When slope
in excess of 15 percent was encountered, shovel test intervals were expanded to 60 m or suspended.
Shovel testing involved the excavation of 30-by-30-centimeter (cm) pits, and screening the soils
through 0.64-cm hardware cloth to enhance the recovery of artifacts, if present. Cultural resources
were recorded and photographed, and their locations plotted on the project map.
RESULTS
Previous Archeological Investigations: According to maps on file at OSA, three cultural resources
management prof ects have been performed within 800 m (0.5 mile) of the prof ect area (OSA Proj ect
Nos. ER 90-7917, ER 97-7310, and ER 14-0287; Figure 1). None of these projects overlap with the
current study area.
Previous Architectural Investigations: According to State Historic Preservation Office personnel,
the North Carolina HPOWEB database is the definitive source of architectural survey information
for Lincoln County. In addition, Lincoln County historic resources were surveyed in 1986 (Brown
and York 1986).
National Register of Historic Places: According to the North Carolina HPOWEB database, there are
no NRHP-listed historic properties located within 800 m of the project area.
Previously Recorded Archeological Sites: Review of OSA maps revealed that the closest recorded
archeological site, 31LN156, is located approximately 750 m southeast of the project area (Figure

Findings - Cultural Resources Reconnaissance Survey, 105-Acre Ventosa Development Tract Page 3
September 8, 2021
1). This prehistoric lithic scatter was recorded in 1996 and was recommended ineligible for the
NRHP.
Lincoln County Historic Structure Survey: The HPOWEB database shows that the closest recorded
historic resource is Catawba Springs Spa (Resource No. LN0530) (Figure 1). This state study -list
property is located north of Kidville Road, approximately 300 m northwest of the project area.
Revolutionary War Actions/Features: In late September 1780, the British under Lord Cornwallis
failed in an attempt to capture the independent government at Charlotte, North Carolina. This was
followed within a couple of weeks by a severe loss by the British at King's Mountain on October 7,
1780. The turning point of the war in the southern states came in January 1781 with another British
defeat at Cowpens, South Carolina. Following that battle, Cornwallis fled the region to the north
and east, eventually surrendering his army at Yorktown, Virginia. Historic maps show that
Cornwallis crossed, west to east, Leapers Creek, Killing Creek, and the Catawba River at or near
Cowan's Ford. This route followed roughly the present course of State Route 73, which is about
1.9 miles south of the project area. One county history stated that the British "quartered on" Jacob
Forney, who lived at or near the site of Ingleside Plantation (on Route 73) at that time (Nixon 1935;
Powell 1989).
Civil War Actions/Features: During the late stages of the Civil War, General Sherman led troops
northward from Columbia, South Carolina (Davis et al. 1983). According to historic maps, the main
body of Sherman's troops turned northeast from Lancaster County, South Carolina to the vicinity
of Wadesborough, North Carolina. Cavalry under General Stoneman continued northward to
Lincolnton where they appear to have "fanned out" and made several crossings of the Catawba River
east of the project area. While scouting, foraging, and raiding of the many iron furnaces and forges
of the county may have occurred, no direct military action is known to have taken place in the project
area.
Historic Cemeteries: No historic cemeteries appear on historic maps of the project vicinity.
However, the Andrew Derr Cemetery is located within the project area and is discussed below.
Structures or Features on Historic/Modern Maps and Aerial Photographs: Maps of the project
vicinity show that as many as eight structures were located within the project area between 1910 and
1970; two structures were adjacent to, or near, the study tract (Figure 1). At least nine other
structures were in the vicinity of the project area along St. James Church Road and Kidville Road.
The 1970 USGS quad map shows that only two structures were present along a secondary road
located in or adjacent to the southeast part of the project area by that time.
Aerial photographs produced in 1951 show a complex of at least four buildings south of Kidville
Road, in the northwest part of the project area, and one building located west of St. James Church
Road, in or adjacent to the southeast study tract boundary (Figure 1). The project area was a mix of
forested slopes/stream bottoms and pastured/cultivated ridges. By 1965, the complex of buildings
in the northwest part of the study tract was reduced to perhaps one building and a sizable lake along
Kidville Road had been impounded (Figure 1); three buildings were present at or near the southeast
study tract boundary. Vegetation patterns were about the same, though maintenance of field/pasture
lands was in wane. The 1969 aerials differ little from those taken in 1965 except that Kidville Road

Findings - Cultural Resources Reconnaissance Survey, 105-Acre Ventosa Development Tract Page 4
September 8, 2021
and St. James Church Road had been improved and straightened, the middle building in the
southeast part of the study tract was gone, and vegetation further encroached on formerly cultivated
lands. Google Earth aerial photography (1993-2015) shows that by this time, virtually all of the
project area had reverted to forest. Only one structure signature is discernible within the project area
on the 2015 aerial.
Field Reconnaissance
Land Use: The project area is comprised of a series of west -facing ridges and ridge ends with
multiple ridge spurs and side slopes that have been incised by low -order tributaries to Killian Creek
(Figure 1). Field observations indicate that the project area has been subjected to harsh land use
practices related to initial clearing/logging, exhaustive cultivation, severe erosion, and contour
terracing. At the time of the survey, most of project area was wooded.
The reconnaissance survey was performed by visiting 86 shovel test stations along 10 transects
(Figure 2). Shovel tests were excavated at 68 of these stations. Shovel tests were not excavated at
the remaining 18 stations due to steep slope or wet conditions. Shovel test data confirm an eroded
to highly eroded plowzone across most of the project area. Plowzone/A horizon soils range from
2 to 20 cm in depth and consist of loamy sand, loam, sandy loam, silt loam, or clay loam, over
subsoil clay or sandy clay.
Archeological Resources: One historic cemetery and one historic house site were recorded during
the current field reconnaissance (Figure 2).
Andrew Derr Cemetery: When RSWA visited this cemetery in November 2016, it was found to be
on a ridge summit in what is now the southeastern part of the project area, north of an abandoned
dirt road that is an extension of Thompson Drive (Figures 2 and 3). It is surrounded by a rock wall
and covers approximately 12 by 12 m. No obvious human graves were observed outside the
cemetery wall. Based on visual inspection only, seven graves are present: five graves have full body
ledger stones and two have head/foot stone markers. The following individuals are known to be
buried in the cemetery (Waldrop and Grissop 1986): Sarah Reid Boger (1814-1849); Albert F. Derr
(1820-1846); Andrew Derr (1761-1842); Jonas Whitlow Derr (1881-1881); Mary Ann Derr (1792-
1862); Moses Abel Derr (1828-1848); and Rufus Milton Derr, M.D. (1825-1848).
This cemetery is protected by North Carolina state law and given its age, it is also considered an
archeological resource. Under certain circumstances, early cemeteries can be eligible for the NRHP.
It is recommended that the Andrew Derr Cemetery be protected by establishing at least a 15-m (50-
foot) buffer zone around it. Such a buffer would capture the historic context and feel of this
mortuary property. In addition, Lincoln County may have specific regulations regarding cemetery
buffer zone requirements. While RSWA observed no obvious graves outside the cemetery wall, no
formal search (e.g., probing or geophysical studies) for graves was conducted beyond the cemetery
wall. There is always the possibility that isolated graves or disturbed graves could be present outside
the obvious cemetery boundaries.
Recently, Harpe (2021) prepared a history and photographic record of the Andrew Derr Cemetery
that included biographical/genealogical information on decedents, as well as a history of the Derr
family and their endeavors. Since the report focuses on history, no archeological investigations were
conducted to determine if burials lie outside the stone wall surrounding the cemetery.

Findings - Cultural Resources Reconnaissance Survey, 105-Acre Ventosa Development Tract Page 5
September 8, 2021
Site 1: This is an historic house site consisting of rock/brick chimney bases, each roughly 5 to 6 m
square, spaced approximately 15 m apart. The site is on the southern edge of a ridge crest in the west
central part of the project boundary (Site 1; Figures 2 and 4). The site measures about 25 by 10 m
east -west, based on the locations of the chimney bases and the excavation of seven shovel tests
around the chimney bases and what would have been the house pad. All shovel tests were negative.
Shovel test profiles exposed 2 to 5 cm of grayish -brown loam over red clay, suggesting that the site
and the house may have been razed/graded. Shovel testing and surface inspections produced no
artifacts, though a cast iron pot fragment was noted in the eastern chimney base rubble. While the
temporal range of this site is not known, a structure symbol on the 1914 soil map correlates well with
the location of Site 1. Given the poor condition of the house remains, the graded soils, and the very
low artifact density, Site 1 is probably ineligible for the NRHP.
Historic Resources: No historic structures/architecture or resources were observed in the proj ect area
during the current field reconnaissance.
SUMMARY
There are no NRHP-listed properties or known historic resources recorded in the project area. Two
historic archeological resources, the Andrew Derr Cemetery and Site No. 1, were recorded within
the project area. Site No. 1 is severely disturbed and is probably ineligible for the NRHP.
The Andrew Derr Cemetery is protected under state law and it is recommended that the cemetery
be protected by establishing at least a 15-m undisturbed buffer zone around it. Alternatively, formal
delineation of the cemetery by a professional archeologist may allow for a reduction in the buffer
zone around this property.
CLOSING COMMENTS
Mr. Rindner, we appreciate the opportunity to work with you on this project. If you have any
questions or comments, please contact me at 770-345-0706.
Sincerely,
R.S. WEBB & ASSOCIATES
A - �7� /
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachments: Figures 1-4
REFERENCES
Brown, M.A. and M.C. York
1986 Our Enduring Past: A Survey of 235 Years ofLife and Architecture in Lincoln County,
North Carolina. The Delmar Company, Charlotte, North Carolina.

Findings - Cultural Resources Reconnaissance Survey, 105-Acre Ventosa Development Tract Page 6
September 8, 2021
Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles
1983 Atlas to Accompany the Official Records of the Union and Confederate Armies.
Reprint of the 1891-1895 edition. The Fairfax Press, New York.
Harpe, J.
2021 Derr Family Cemetery Study, Derr Family Cemetery (31LN225), Denver, Catawba
Springs Township, Lincoln County North Carolina. Richard Grubb & Associates,
Wake Forest, North Carolina.
Nixon, A.
1935 History ofLincoln County, North Carolina. A Series ofNewspaper Articles Published
in 1935 in the Lincoln County News. Indiana State Library, Indianapolis, Indiana.
Internet -Online. Found at: https:Harchive.org/details/historyoflincoln00nixo.
Accessed 18 Oct 2016.
Powell, W.S.
1989 North Carolina Through Four Centuries. University of North Carolina Press, Chapel
Hill, NC.
T. Waldrop and S.H. Grissop
1986 Old Gravesites Revisited, Gaston & Lincoln Counties, Volume 1. Self published.

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Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:*
Is this a transportation project?*
Daniel Kuefler
[e-mail]
David Clark Jr
Ventosa at Catawba Springs
Iredell
Street Address
P.O. Box 9
Address Line 2
aty
Lincolnton
Postal / Zip axle
28093
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?
Alan Johnson
Please give a brief project description below and include location information.*
The forthcoming PCN will include a request for a NWP associated with
the proposed Ventosa at Catawba Springs site on -105 acres south
of Kidville Road in Statesville, Iredell County, NC.
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 8/17/2021