20211448 Ver 1_210929_CarolinaRiverside_NWP29_PCN_20211001

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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?
❑X Yes ❑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.
❑X Yes ❑ 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:
Carolina Riverside
2b.
County:
Gaston
2c.
Nearest municipality / town:
Belmont
2d.
Subdivision name:
Carolina Riverside
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
BELMONT #1 US321/74 BYPASS & A G OF GAST LLC 3.42% & OTHERS
3b.
Deed Book and Page No.
3606, 0115
3c.
Responsible Party (for LLC if
applicable):
C/O SOUTHEAST LAND MGT, LLC
3d.
Street address:
2820 SELWYN AVE STE 500
3e.
City, state, zip:
CHARLOTTE, NC 28209
3f.
Telephone no.:
704.334.3212
3g.
Fax no.:
n/a
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Buyer, under contract to purchase
4b.
Name:
Jeremy Huntsman
4c.
Business name
(if applicable):
Pulte Home Company, LLC
4d.
Street address:
11121 Carmel Commons Blvd. Suite 450
4e.
City, state, zip:
Charlotte, NC 28226
4f.
Telephone no.:
704.972.0752
4g.
Fax no.:
n/a
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Perry Isner
5b.
Business name
(if applicable):
Wetlands & Waters, Inc.
5c.
Street address:
328 East Broad Street, Suite D
5d.
City, state, zip:
Statesville, NC 28677
5e.
Telephone no.:
704.773.4239
5f.
Fax no.:
n/a
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
3584509093
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.21801 Longitude:-81.05631
1c.
Property size:
462 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
South Fork Catawba River
2b.
Water Quality Classification of nearest receiving water:
WS-V,B
2c.
River basin:
Santee
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of primarily vacant, forested land with existing power easements. The existing land use in the vicinity of the project is primarily
residential.
3b.
List the total estimated acreage of all existing wetlands on the property: 7.327
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential development to meet the growing demand for housing in this region.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the proposed development and supporting infrastructure including internal roadways, amenities, utilities, and stormwater
control measures. Typical earth moving equipment will be utilized including but not limited to pan, excavator, bulldozer, dump truck, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c.
If yes, who delineated the jurisdictional areas?
Name (If known): Chris Huysman and Tamp Bandy
Agency/Consultant Company: Wetlands & Waters, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2019-02392
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 0 No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT S. Fork Catawba
PER
Corps
8
137
S2 P
Stabilization
UT S. Fork Catawba
PER
Corps
8
58
S3 P
Culvert
UT S. Fork Catawba
INT
Corps
5
81
S4 P
Stabilization
UT S. Fork Catawba
INT
Corps
5
28
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
304
3i. Comments:
2:1 mitigation proposed for culvert impacts totaling 218 LF only. Riprap aprons will be pressed into the stream bed at existing elevation such that
aquatic life passage is maintained. As such compensatory mitigation is not proposed for riprap impacts.
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.
Project has been carefully designed such that impacts are only necessary for road crossings in order to access high ground. Extensive headwalls will
be utilized in order to minimize impacts to regulated features.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Project will constructed under an approved sediment and erosion control plan to ensure that materials incidental to construction activities will not be
transported into downstream receiving waters.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑x DWQ ❑X Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X 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.
❑X Yes
4b.
Stream mitigation requested:
218 linear feet
4c.
If using stream mitigation, stream temperature:
warm
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
buffer mitigation?
Yes ❑x No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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 0 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 0 No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
>24
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Project includes construction of several large, permanent stormwater control measures which will be designed to meet Phase II standards.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Belmont
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Belmont
❑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
El 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 ❑ 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)
1a.
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.
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.
Project includes construction of sanitary sewer facilities. No sanitary sewer / force main impacts are anticipated, as they are all
planned to be bored
and/or directional drilled to avoid impacts as needed.
Page 9 of 10
PCN Form — Version 1.4 January 2009

6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
X❑ Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes x❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
No federally protected species listed within 1-mile radius of the project area according to NC NHP. A pedestrian field survey was conducted during
the optimal surrey window with no previously unknown populations of federally listed species observed. Report included with this correspondence.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑x No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO WebGIS service - Armstrong Ford Road Bridge listed. No impacts to this feature are anticipated as a result of this activity.
B. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? X❑ Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project engineer to coordinate FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?
FEMA National Flood Hazard Layer
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's sigrfature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
Jeremy Huntsman
Pulte Home Company
11121 Carmel Commons Blvd., Suite 450
Charlotte, NC 28226
Project: Carolina Riverside
NORTH CAROLINA
Environmental Quality
September 24, 2021
Expiration of Acceptance: 3/24/2022
County: Gaston
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050102
Warm Stream
218
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
A-Va�A"-w
FOR James. B Stanfill
Asset Management Supervisor
cc: Perry Isner, agent
D Q'North Carolina Department of Environmental Quality I Division of Mitigation Services
P217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
�+oRrw crww.i+va i
daft /'� 919.707.8976

WETLANDS
ly4ys: WATERS, INC.
Ryan Turner
ESP Associates, Inc.
P.O. Box 7030
Charlotte, NC 28241
RE: Threatened and Endangered Species Evaluation
Carolina Riverside (Formerly South Fork)
Belmont, Gaston County, NC
PIN: 3584509093, 3583866972 (Partial), 3594008493 (Partial)
Mr. Turner,
September 22, 2021
Wetlands & Waters, Inc. (W&W) has completed a cursory evaluation of the above referenced property
assemblage (hereafter referred to as "review area") for Federal threatened and endangered species and the
presence of suitable habitat for those species. Should future project -related impacts be necessary, this
report may be used by the U.S. Army Corps of Engineers (or other Lead Federal Agency) to determine if
additional coordination will be necessary to satisfy requirements of the Endangered Species Act.
The review area is located 0.405 miles southwest of the intersection of Southridge Drive and Rachel Anne
Drive in Gaston County, NC. Figures IA and 1B depict the review area for the purpose of this report.
Methodology
Evaluation of the review area included a report of known species and critical habitat occurrences within
or in close proximity to the project area from the North Carolina Natural Heritage Program (NHP)
database (Attachment A); field reviews of known extant populations of species that may potentially be
present; and on -site field evaluations of potentially suitable habitat for Federally listed species known to
occur in Gaston County (Table 1). The site evaluation focused on Dwarf -Flowered Heartleaf and
Schweinitz's Sunflower within potentially suitable habitat in the review area.
Table 1
Endangered (E) and Threatened (T) Species in Gaston County, North Carolina
Species
Federal Status
Common Name
Scientific Name
Northern Long-eared
Myotis septentrionalis
Threatened
Bat
Bog Turtle
Clemmys muhlenbergii
Threatened for Similarity of Appearance
Dwarf -flowered
Hexastylis naniflora
Threatened
Heartleaf
Schweinitz's Sunflower
Helianthus schweinitzii
Endangered
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

i:
WETLANDS
fs WATERS, INC.
Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic
characteristics for species that may be present. When practical, known populations of Federal threatened
and endangered species are referenced in a non -intrusive manner for confirmation of seasonal growth
patterns, diagnostic features, and behavioral characteristics.
Field surveys were performed August 30, 2021. Photographs documenting reference populations (if
applicable) and existing site conditions are included in Attachment B. Plant communities and their typical
compositions were document on Habitat Assessment Forms (HAF) (Attachment C), with representative
HAF locations illustrated on Figures 2A and 2B.
Findings
W&W did not identify previously undiscovered populations of Federally protected species in the review
area. Following are species -specific survey results.
Northern Long-eared Bat (H oty is septentrionalis)
Endangered Species Act protections for the Northern Long-eared Bat (NLEB) prohibit incidental "take"
(harming, harassing, or killing) of the species within hibernation sites, within %4 mile of a known
hibernation site, and within a 150-foot radius of a known, occupied maternity roost from June 1-July 31.
Confirmed hibernation and maternity sites for this species exclude Gaston county, and are currently
limited to a selection of western counties of North Carolina.
Wooded stream corridors and preserved woodlands within the review area may provide potentially
suitable summer roosting and foraging habitat for the NLEB, but the project location is likely greater than
%4 mile away from any known hibernation site. Based on these factors, any incidental take that may result
from project -related activities would be exempt under the 4(d) rule for this species.
Bog Turtle (Clemmys muhlenber
The bog turtle is endemic to the eastern United States and has a historic range including Connecticut,
Delaware, Georgia, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania,
South Carolina, Tennessee and Virginia. Bog turtles live in the mud, grass and sphagnum moss of bogs,
swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the
land, creating the wet, muddy soil needed by the turtles. There are two distinct populations of the bog
turtle separated by about 250 miles. The northern population is found from New York and Massachusetts
south to Maryland. The southern population extends from southwestern Virginia south through eastern
Tennessee, western North Carolina, and northwestern South Carolina to northern Georgia. Throughout
their range they have been found from near sea level to as high as 4,500 feet above sea level. Though the
southern population had not experienced the extent of habitat loss that the northern population had, the
Service listed it as "threatened due to similarity of appearance" (U.S. Fish & Wildlife Service, 2019).
Emergent wetlands and adjacent riparian areas may provide potentially suitable habitat for the bog turtle,
although no occurrences of the species were noted during the field review for Hexastylis naniflora and
Schweinitz's Sunflower.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
ly4ys: WATERS, INC.
Dwarf -flowered Heartleaf (HexasLvlis naniflora)
The Dwarf -flowered Heartleaf is typically associated with Kalmia latifolia orAsimina triloba and the soil
types Pacolet, Madison, or Musella. Flowering occurs from mid -March to early June and are jug -shaped,
typically ranging from 0.23-5" long and 0.15-0.27" in diameter. The species grows in acidic soils along
bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and along the slopes of nearby
hillsides and ravines (U.S. Fish & Wildlife Service, 2011).
The majority of the review area consists of mid- to late -successional forested conditions with a mature
canopy. The western portion of the review area contains the majority of riparian areas with north -facing
slopes, with the exception of the southwestern review area, which lacks appropriate slope requirements
and is partially maintained as a Loblolly Pine plantation. Several northern -facing slopes with appropriate
soil types (Pacolets and Cecils) and grade requirements provide potentially suitable habitat for Dwarf -
flowered Heartleaf. Representative plant communities in these areas are documented on HAF1. North -
facing slopes associated with a large perennial tributary that runs parallel to Armstrong Road in the
northern portion of the site, and north facing slopes that have not been intensively managed for timber
production provide the best opportunity for potentially suitable habitat. Numerous occurrences of
Hexastylis aaifolia were noted in the drainage parallel to Armstrong Road, but Hexastylis naniflora was
not observed within potentially suitable habitat in the review area.
Schweinitz's Sunflower (Helianthus schweinitzii)
Habitat for Schweinitz's Sunflower includes clearings and edges of upland woods, thickets, and pastures.
The species is found along roadsides, powerline clearings, old pastures, and woodland openings.
Schweinitz's Sunflower requires disturbance (blowdowns, storm, or fire) to create open areas for full
sunlight, but may also grow in open stands of trees with minimal shade. Soils may be either shallow,
sandy with high gravel content, or a clayey hardpan. The sunflower may prefer soils derived from basic
material (Krings, Goyette, Suiter, & Samuels, 2021).
Powerline and roadside rights -of -way (ROWS) and internal vehicular access roads provide the best
opportunity for potentially suitable habitat for Schweinitz's Sunflower within the review area. These areas
contain similar diversity of species, but the powerline and road ROWS are routinely maintained. A variety
of Helianthus species was identified within the powerline ROW proximate to Armstrong Road, but did
not meet diagnostic criteria of Helianthus schweinitzii. Schweinitz's Sunflower was not observed within
potentially suitable habitat in the review area.
Conclusions
W&W conducted evaluations of plant communities and potentially suitable habitat for federally
threatened and endangered species at the approximately 15-acre Aberdeen III project review area. W&W
did not observe evidence of federally threatened or endangered species known to occur in Gaston County.
Because no federally protected species were observed within the review area, and/or the review area is
located outside of proposed or designated critical habitat, it is our opinion that there is no potential for a
`Take' to any threatened or endangered species, and there will be `No Effect' on federally protected
species or their critical habitat as a result of proposed site development.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

W
�4WATERS, INC.ETLANDS
This concludes our assessment of the presence or absence of Federal threatened and endangered species
and the presence of suitable habitat for those species. Should you require more information regarding the
results of our evaluation, please do not hesitate to contact us.
Sincerely,
Meagan Jolly
704.681.3479
Enclosures: Figure 1. Review Area
Figure 2. Habitat Assessment Form Locations
Attachment A. North Carolina Natural Heritage Program Report
Attachment B. Field Photographs
Attachment C. Habitat Assessment Forms
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
ly4ys: WATERS, INC.
References
Krings, A., Goyette, S., Suiter, D., & Samuels, M. (2021, July). Schweinitz's Sunflower (Helianthus
schweinitzii). Retrieved from Rare plants of North Carolina:
https://projects.ncsu.edu/cals/plantbiology/ncsc/rare/images/Hellanthus schweinitzii NHP.pdf
U.S. Fish & Wildlife Service. (2011, December). Dwart flowered heartleafHexastylis nan flora.
Retrieved from U.S. Fish & Wildlife Service Asheville Field Office.
U.S. Fish & Wildlife Service. (2019, March 25). Bog turtle (southern population) Glyptemys
muhlenbergii. Atlanta, Georgia, Southeast.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

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Attachment A
North Carolina Natural Heritage Program Report

NC DEPARTMENT OF
■■ ■m NATURAL AND CULTURAL RESOURCES
■. _■■N
July 8, 2021
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: South Fork Project
Dear Meagan Jolly:
Ray Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-15050
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
0EFAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
(b 121 W. JONES STREET_ RALEIG,H_ NC 27603 • 1651 MAIL SERVICE CENT£R. RALDGH. NC 27699
OFC 919.707.9120 • FAX 919.707,9E21

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NC DEPARTMENT OF
■■ ■m NATURAL AND CULTURAL RESOURCES
■. _■■N
June 21. 2021
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: South Fork Additional
Dear Meagan Jolly:
Ray Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-14911
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
0EFAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
(b 121 W. JONES STREET_ RALEIG,H_ NC 27603 • 1651 MAIL SERVICE CENT£R. RALDGH. NC 27699
OFC 919.707.9120 • FAX 919.707,9E21

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Attachment B
Field Photographs

DIRECTION 35.22191'N ACCURACY 17 ft DIRECTION 35.22284°N ACCURACY 16 ft
23 deg(T) 081.06354°W DATUM WGS84 191 deg(T) 081.06193'W DATUM WGS84
.va. -
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Pulte protected Pulte Protected Review
South Fork Species 2021-08-30 South Fork ROW 2021-08-30
DIRECTION 35.21690°N ACCURACY 197 ft DIRECTION 35.22108°N ACCURACY 118 ft
261 deg(T) 081.04841°W DATUM WGS84 178 deg(T) 081.05111°W DATUM WGS84
s d
Pulte Protected Review Pulte Protected Review
South Fork gig ROW 2021-08-30 South Fork gig ROW 2021-@8-30

DIRECTION 35.22028°N ACCURACY 30 ft DIRECTION 35.21386°N ACCURACY 42 ft
290 deg(T) 081.052370W DATUM WGS84 50 deg(T) 081.05477°W DATUM WGS84
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South Pulte ork Protected Review 2021 08 30 5❑ u ulh t Fork Protected Review 2021 0$_30
Big ROW Internal Road
DIRECTION 35.20939°N ACCURACY 111 ft DIRECTION 35.22301°N ACCURACY 60 ft
158 deg(T) 081.055220W DATUM WGS84 154 deg(T) 081.059161W DATUM WGS84
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Pulte Pulte Protected Review
South Rork Protected Review 2021-08-30 South Fork Typical north 2021-08-30
Internal Road face

= T
DIRECTION 35.22298°N ACCURACY 33 ft DIRECTION 35.21614°N ACCURACY 25 ft
267 deg(T) 081.05916°W DATUM WGS84 46 deg(T) 081.04904°W DATUM WGS84
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Pulte Protected Review Pulte protected Review
South Fork Typical north 2021-08-30 South Fork gig ROW
face
DIRECTION 35.21552°N ACCURACY 55 ft DIRECTION 35.21548°N
147 deg(T) 081.04828°W DATUM WGS84 327 deg(T) 081.04841°W
Y i L
Pulte Protected Review
South Fork gig ROW
yr .
ti
4
1
2021-08-30
ACCURACY 44 ft
DATUM WGS84
Pulte Protected Review
South Fork gig ROW 2021-08-30
■

DIRECTION 35.22845°N ACCURACY 213 ft DIRECTION 35.22707°N ACCURACY 16 ft
265 deg(T) 081.057470W DATUM WGS84 170 deg(T) 081.05661'W DATUM WGS84
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South t ark Protected Review 2021 08-30 5❑u h Fork Protected Review 2021 08 39
Big ROW Big ROW
DIRECTION 35.22707°N ACCURACY 16 ft DIRECTION 35.22557°N ACCURACY 26 ft
170 deg(T) 081.05661'W DATUM WGS84 167 deg(T) 081.05566'W DATUM WGS84
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P Fork Protected Review 2921-08-39 5❑ t h Fork Protected Review 2021-98-30
Big ROW Big ROW

DIRECTION 35.22557°N ACCURACY 26 ft DIRECTION 35.22689°N ACCURACY 200 ft
167 deg(T) O81.05566'W DATUM WGS84 240 deg(T) 081.059590W DATUM WG584
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South Fork Protected Review 2021-08 30 Sp P hte Protected Review 2@21 08 30
Big ROW Old ROW
DIRECTION 35.22689'N ACCURACY 200 ft DIRECTION 35.22676°N ACCURACY 50 ft
240 deg(T) 081.05959°W DATUM WGS84 36 deg(T) 081.05941°W DATUM WGS84
4.
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South Fork Protected Review 2021-08-30 South Fork Protected Review 2021--0$ 30
Old ROW Old ROW

DIRECTION 35.22676'N
36 deg(T) 081.05941°W
-ry1 Fi
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Pulte
South Fork
Protected Review
Old ROW
DIRECTION
35.22753'N
232 deg(T)
081.059101W
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ACCURACY 50 ft
DATUM WGS84
2021-08-30
ACCURACY 82 ft
DATUM WGS84
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DIRECTION 35.22753°N ACCURACY 82 ft
232 deg(T) 081.05910'W DATUM WGS84
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Pulte Protected Review
South Fork Armstrong Road 2021-08-30
Pulte 2 Protected Review
South Fork Armstrong Road
2021--08-30

Attachment C
Habitat Assessment Forms

Projects, f�oy'c Client/Site PVA� County �1t� ` �'�' Form ID HAF1
Date 00. 7 0 ' Z� investigators Cit Location Coordinates•
Targe Species y�
Habitat Name
Habitat Description
Soil (',F i A I .:
'Slope
Light
Topo Position
Moisture
N NE Flat
❑ Dpe
ocrest
E:] Inundated
S [ NW ❑ o-10%
❑ Partial
Upper slope
Saturated
E SE ®10-35%
®Filtered
Mid -slope
Moist (Mesic)
W SW ❑ 35%+
DShaded
L]n Lower slope
Dry (Mesic)
None Vertical
L Bottom
Dry (Xeric)
Straturn/Life form,.. Height (feet) Percent Cover Characteristic Species
Emergent tree - -
Tree canopy
_
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- Q
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Short shrub (<3ft)
0 U �O
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-
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-
Reasons target species not found
Habitat Unsuitable May have never
QDisturbances [IQ Exotics Odestroyed habitat L&Joccurred here =Other
Continents
ask��ti
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-ct 9F� Client/Site ?,.)1 Tc County (I CJh\-%� Form ID HAF2 {
Date * C) ` Investigators Location Coordinates � Z� Q .► O S 1
Target Species
Habitat Name V[J�\
Habitat Description
Soil 6,LP,,J !:Str C�QS
.......
Topo Position
N
NE�
❑ Flat
Open
Crest
S
NW
0-10%
Partial
1_][]pper slope
:1 E
SE
WSW
10-35%
35%+
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fUMid-slope
0 Lower slope
9W
None
a—*—
Vertical
-0 Bottom
Stratum/Life
form Height (feet)
Percent Cover
Characteristic Species
Moisture
QInundated
Saturated
Moist (Mesic)
Dry (Mesic)
Dry (Xeric)
Emer ent free - -
Tree canopy
- -V
c� -
J
Tree sub -canopy
Tall shrub (>311)
Short shrub (<3ft)
-
I
Herb
-
-
1
Liana
-
-
Non -vascular
-
-
Reasons target species not found
Habitat Unsuitable May have never
=Disturbances 0 Exotics Eldestroyed ahabitat ❑occurred here =Other
ryl <-pot
Comments
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9/22/2021, 2:29:47 PM
1:18,056
..: Local districts & boundaries
Both DOE and Study List Boundary
* SLHD Center Point
0 0.15 0.3 0.6 mi
Local individual resources & centerpoints
DOE individual resources & centerpoints
* SLDOEHD Center Point
•
0 0.28 0.55 1.1 km
Local Landmark
Determined Eligible
NR districts & boundaries
Local Landmark, Gone
DOE, Gone
National Register Boundary
't Local HD Center Point
• SL and DOE
Surveyed Only individual resources & centerpoints
• SL and DOE, Gone
• Surveyed Only
* DOEHD Center Point
• Surveyed in NRHD
* SLDOEHD Center Point
• Surveyed Only, Gone
SL districts & boundaries
• Surveyed in NRHD, Gone
Study List Boundary
+ Blockface- Multiple properties
Both SL and Determined Eligible Boundary
+ Blockface in NRHD
SL individual resources & centerpoints
# Surveyed Area, No designation
SL Individual Entry
City of Charlotte, State of North Carolina DOT, Esri, HERE, Garmin,
* Surveyed Area in NHRD
SL and DOE entry
INCREMENT P, NGA, USGS
DOE districts & boundaries
• Study List Entry, Gone
Determined Eligible Boundary
SL and DOE, Gone
North Carolina State Historic Preservation Office
City of Charlotte, State
of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS i

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02392 County: Gaston U.S.G.S. Quad: NC- Belmont
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Pulte Home Company, LLC
Jeremy Huntsman
Address:
11121 Carmel Commons Blvd., Ste. 450
Charlotte, NC 28226
Telephone Number:
704-972-0752
E-mail:
Jeremy.Huntsman(a)puhct!roup.com
Size (acres)
462 Nearest Town Belmont
Nearest Waterway
South Fork Catawba River River Basin Santee
USGS HUC
03050102 Coordinates Latitude: 35.21801
Longitude:-81.05631
Location description: The review area is located 0.405 miles Southwest of the intersection of Southridge Drive and Rachel Anne
Drive in Gaston Countv.
PIN: 3584509093.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2019-02392
® The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/5/2019. 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or
C atherine.M.Janiczaknn ,,u sace. armv.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 1/16/2020.
D. Remarks: Isolated wetland 1 was determined to be non -jurisdictional. The feature is isolated in the
landscape and lacks a hydrologic connection to downstream jurisdictional waters.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 03/15/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by JONES.MICHAEL.SCOTT.1258314073
Corps Regulatory Official: / ��# Date: 2020.01.16 14:20:52 -05'00'
Date of JD: 1/16/2020 Expiration Date of JD: 1/14/2025

SAW-2019-02392
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent:
Wetlands & Waters, Inc
Meagan Jollv
Address:
328 East Broad Street
Statesville, NC 28677
Telephone Number:
704-681-3479
E-mail:
meaganiollv(&wetlands-waters.com
Property Owner: A.G. of Gastonia, LLC
Scott Coblentz
Address: 2820 Selwyn Ave., Ste. 500
Charlotte, NC 28209
Telephone Number: 704-334-3212
E-mail: scoblentz(&southstreetpartners.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
For REQUEST FOR APPEAL
Applicant: Pulte Home Company, LLC, Jeremy
File Number: SAW-2019-02392
Date: 01/15/2020
Huntsman
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.asnx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportum to participate in all site my-csti ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):1/16/2020
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Pulte Homes Company AJD, SAW-2019-02392
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located 0.405 miles Southwest of the
intersection of Southridge Drive and Rachel Anne Drive in Gaston County. PIN: 3584509093.
State: NC County/parish/borough: Gaston City: Belmont
Center coordinates of site (lat/long in degree decimal format): Lat. 35.21801 , Long.-81.05631
Universal Transverse Mercator -
Name of nearest waterbody: South Fork Catawba River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03050102
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑Office (Desk) Determination. Date:
®Field Determination. Date(s): 01/09/2020
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑Waters subject to the ebb and flow of the tide.
❑Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
❑TNWs, including territorial seas
❑Wetlands adjacent to TNWs
®Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
❑Non-RPWs that flow directly or indirectly into TNWs
®Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑Impoundments of jurisdictional waters
❑Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 9598 linear feet, 4 wide, and/or 0.97 acres.
Wetlands: 7.299 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):'
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Isolated Wetland 1 (0.03 acres) lacks a significant nexus to downstream waters; no ephemeral connection present.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.

The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section I LAA and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections ULA.1 and 2
and Section IH.D.1.; otherwise, see Section I LB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, slap to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
slap to Section HLD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 25,312 acres
Drainage area: 652 square miles
Average annual rainfall: 49 inches
Average annual snowfall: 2 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
❑ Tributary flows through Pick Listtributaries before entering TNW.
Project waters are 2-5river miles from TNW.
Project waters are 1 (or less)river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: South Fork Catawba River to Catawba River/Lake Wylie
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
❑ Artificial (man-made). Explain:
® Manipulated (man -altered). Explain: Part of Catawba-Wateree chain of Lakes with man-made
dams.
4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

Tributary properties with respect to top of bank (estimate):
Average width: 20 feet
Average depth: 10 feet
Average side slopes: 3:1 .
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
❑ Cobbles ❑ Gravel ® Muck
❑ Bedrock ❑ Vegetation. Type/% cover.
❑ Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: stable
Presence of run/riffle/pool complexes. Explain: present
Tributary geometry: Meandering
Tributary gradient (approximate average slope): 1%
(c) Flow:
Tributary provides for. Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: Perennial flow regime
Other information on duration and volume:
Surface flow is: Discrete and confined.Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
®OHWM6(check all indicators that apply):
®clear, natural line impressed on the bank
®changes in the character of soil
®shelving
®vegetation matted down, bent, or absent
®leaf litter disturbed or washed away
®sediment deposition
❑water staining
❑other (list):
❑ Discontinuous OHWM.' Explain:
® the presence of litter and debris
❑ destruction of terrestrial vegetation
® the presence of wrack line
® sediment sorting
® scour
® multiple observed or predicted flow events
❑ abrupt change m plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ®Mean High Water Mark indicated by:
❑oil or scum line along shore objects ® survey to available datum;
❑fine shell or debris deposits (foreshore) ® physical markings;
❑physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑tidal gauges
❑other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water color murky grey/brown due to sedimentation at time of field review.
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): forested riparian corridor extending to forested uplands,
extending offsite to southeast.
®Wetland fringe. Characteristics: Forested in higher elevation coves, transitioning to scrub/shrub and emergent.
®Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
6A natural or man-made discontinuity in the 011WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the 011WM has been removed by development or agricultural practices). Where there is a break in the 011WM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

® Aquatic/wildlife diversity. Explain findings: Multiple terrestrial animal tracks/droppings present (deer, racoon). Fish
observed in perennial tributary.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: Wetland 1 (0.002 acres); Wetland 2 (4.45 acres); Wetland 3 (0.47 acres); Wetland 4 (0.03 acres);
Wetland 5 (0.2 acres); Wetland 6 (0.09 acres); Wetland 7 (1.35 acres); Wetland 8 (0.1 acres); Wetland 9 (0.15
acres); Wetland 10 (0.08 acres); Wetland 11 (0.02 acres); Wetland 12 (0.09 acres); Wetland 13 (0.26 acres);
Wetland 14 (0.005 acres); Wetland 15 (0.002 acres).
Wetland type. Explain: Forested, scrub/shrub, emergent
Wetland quality. Explain: High. Wetlands onsite offer flood storage capacity, diversity of flora and fauna, nutrient
transport, and pollutant removal.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Intermittent flow. Explain:
Surface flow is: Discrete
Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
® Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 2-5river miles from TNW.
Project waters are 2-5 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 2 - 5-year floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Water color clear to orange, with presence of iron oxidizing bacteria in some locations.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width): forested riparian corridor extending to forested uplands, extending
offsite to Southeast.
®Vegetation type/percent cover. Explain: Forested 50% cover
®Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Multiple terrestrial animal tracks/droppings present (deer, racoon). Fish
observed in perennial tributary.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 15-20
Approximately 462 acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N)
Wetland 1 Y
Wetland 2 Y
Wetland 3 Y
Wetland 4 Y
Wetland 5 Y
Wetland 6 Y
Wetland 7 Y
Size (in acres)
Directly abuts? (Y/N)
Size (in acres)
0.002
Wetland 8 Y
0.1
4.45
Wetland 9 Y
0.15
0.47
Wetland 10 Y
0.08
0.03
Wetland 11 Y
0.02
0.2
Wetland 12 Y
0.09
0.09
Wetland 13 Y
0.26
1.35
Wetland 14 Y
0.005
Wetland 15 Y
0.002
Summarize overall biological, chemical and physical functions being performed: Wetlands serve as habitat for a diversity of
species based on presence of multiple animal tracks/dropping and aquatic species. Wetlands perform flood storage
functions, pollutant removal, and nutrient transfer.
C. SIGNIFICANT NEXUS DETERDIINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the now
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
DETERDIINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs: linear feet, wide, Or acres.
❑Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: NC Stream Identification Form Ver. 4.11 indicated perennial flow regimes

® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows
seasonally: NC Stream Identification Form 4.11 indicates intermittent (seasonal) flow regimes.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 9598 linear feet wide.
®Other non -wetland waters: 0.97 acres.
Identify type(s) of waters: Open waters of the South Fork Catawba River
Non-RPWs1 that flow directly or indirectly into TNWs.
❑Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW
is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
wetlands are bordering, contiguous, or neighboring perennial RPW.
®Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: wetlands are bordering, contiguous, or neighboring RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: 7.299 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters?
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
❑which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
"Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
❑Wetlands: acres.
NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Isolated Wetland 1
is not bordering, contiguous, or neighboring jurisdictional waters. Isolated Wetland 1 located outside of 100-year floodplain and
greater than 1500 feet away from OHWM of nearest RPW.
❑Other. (explain, if not covered above):
Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑Lakes/ponds: acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
❑Wetlands: acres.
Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑Lakes/ponds: acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
®Wetlands: Isolated Wetland 10.03 acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 1 (Dated 12/05/2019 [Revised 01/09/2020])
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 3 (Dated 11/22/2019)
® USDA Natural Resources Conservation Service Soil Survey. Citation: Figure 413 (Dated 11/22/2019)
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 2 (Dated 11/22/2019)
Or ®Other (Name & Date): Photopages (Dated 11/07/2019)
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

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