20220065 Ver 1_Galloway Ridge PCN_AJD update_20220112

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2020 - 00270 BEGIN DATE [Received Date]:
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Galloway Ridge
2. Work Type: Private Fv_1 Institutional ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN request for residential development
AJD update to Rapanos
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑
4. Property Owner / Applicant [PCN Form A3 or A4]:
Meritage Homes (Applicant)
5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.3148,-80.9198
Hutchinson Lane, Charlotte, NC
8. Project Location -Tax Parcel ID [PCN Form 131a]: 03323101, 03305141, 03305103, 03305132, 03305121, 03305116, 03305131, 03305134,
03305115,03305110,03305133
9. Project Location —County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: Gutter Branch
12. watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050101 1403)
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 29
❑ Regional General Permit #
Q Jurisdictional Determination Request
�✓ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
Oa Wks] 11[4111 %

WEEG
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
January 12, 2022
Mr. Bryan Roden -Reynolds
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wcjoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Subiect: SAW-2020-00270; Pre -Construction Notification for NWP #29 and AJD update
for the Galloway Ridge site in Charlotte, Mecklenburg County, North Carolina
Messrs. Roden -Reynolds, Johnson, Wcjoski, and Hamstead,
Enclosed is a request for Nationwide Permit 929 for the Galloway Ridge site on 81 acres located
northwest of the intersection of Pleasant Grove Road and Kelly Road in Charlotte, NC. The site
is a proposed residential development and consists of eleven streams, five wetlands, and one
isolated feature. An Approved Jurisdictional Determination Request was authorized in August
2021. Due to the revocation of the 2020 WOTUS rules, a Rapanos form and updated delineation
map has been included in this package. Please refer to the Jurisdictional Determination
Information section for information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include permanent impacts to one
stream, one wetland, and one isolated wetland for road crossing access. Overall impacts to site
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
[e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
surface waters associated with the proposed development were limited through site selection
location, design, and the location/orientation of the proposed lots and access routes. Headwalls
are proposed at each crossing and, where possible, 2:1 slopes will be implemented to limit
impacts to site surface waters.
Total permanent impacts proposed include 93 linear feet of stream impact (Stream C) and 0.0465
acres of wetland impacts (Wetland H, Isolated Wetland G). These access crossings were
necessary due to City connectivity requirements. Please refer to the Engineer Correspondence
section for additional information and communication regarding the requirements and
encumbrances considered in determining the proposed roadway connections. The applicant has
demonstrated substantial avoidance and minimization efforts in which 89% of the 0.425 acres of
onsite wetlands and 97% of the 5,385 linear feet onsite streams will be avoided. Due to limited
site impacts, no mitigation is proposed.
Historic and Archeological Resources were evaluated for this site. Please refer to the Cultural
Resources Report section for additional details. 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. Act. This report has been submitted
to FWS for concurrence. 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
heath. cal dwel I kwetl ands-epg. com.
Sincerely,
Heath Caldwell 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

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Permit Application

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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?
❑ 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:
Galloway Ridge
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Robert Cathey, Rebecca Auten
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
7324 Pleasant Grove Rd
3e.
City, state, zip:
Charlotte NC, 28216
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:
Tim Sheehy
4c.
Business name
(if applicable):
Meritage Homes of the Carolinas, Inc.
4d.
Street address:
13925 Ballantyne Corporate Place
4e.
City, state, zip:
Charlotte, NC 28277
4f.
Telephone no.:
[phone]
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Heath Caldwell
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
[phone]
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
multiple, please see attached parcel map
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.3148 Longitude:-80.9198
1c.
Property size:
81 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Gutter Branch
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba (030501011403)
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is located just south of Gutter Branch, just east of Hutchinson Lane, and just west of Kelly Road. The topography is gently to moderately
sloped. The elevation ranges from 650 to 750 ft. The site is composed of several semi -rural residential home sites with associated lawns, landscaping,
outbuildings, and animal pastures; and a successional mixed pine and hardwood forest, with slopes and drainages flowing into Gutter Branch.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.425
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,385
3d. Explain the purpose of the proposed project:
The proposed residential subdivision will include impacts for road crossings and temporary utility impacts for installation.
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X 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 B. Roden -Reynolds (USAGE) on 8/4/21. A copy of the signed JD approval is included in the Jurisdictional Delineation
Information section. The Rapanos update is included in this package.
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.
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 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.018
W2 P
Culvert
Bottomland Hardwood Forest
Yes
Corps
0.022
W3 T
Dewatering
Bottomland Hardwood Forest
Yes
Corps
0.0007
W4 T
Dewatering
Bottomland Hardwood Forest
Yes
Corps
0.0007
W5 P
Rip -Rap
Bottomland Hardwood Forest
Yes
Corps
0.0065
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.0479
2h. Comments:
S1: Isolated Wetland G Road Crossing
S2-S5: Wetland H
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 T
Excavation
Stream L
PER
Corps
5
27
S2 T
Excavation
Stream B
PER
Corps
6
20
S3 P
Culvert
Stream C
INT
Corps
8
68
S4 T
Dewatering
Stream C
INT
Corps
8
20
S5 T
Dewatering
Stream C
INT
Corps
8
20
S6 P
Rip -Rap
Stream C
INT
Corps
8
25
3h. Total stream and tributary impacts
180
3i. Comments:
Total permanent stream impacts: 0.015 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 by avoiding —97% of onsite streams and —89% 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?
23
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm
water on the site will be handled by facilities shown on the attached plans. The stormwater plan has
not yet been submitted to Mecklenburg
County but will be designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Mecklenburg County
❑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 ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X 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. The 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 ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: https://nc.maps.arcgis.com/ There are no NRHP-listed historic properties, recorded historic structures or mapped cemeteries
located within the project area. Please refer to the attached Cultural Resources Report for details.
8. 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:
No net grading/fill will occur in the floodplain.
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://polaris3g.meeklenburgcountync.gov/
Heath Caldwell
K 74� �.?
01-12-2022
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

WFPG
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: Galloway Ridge
Property Address: Hutchinson Lane, Charlotte, NC
Parcel Identification Number (PIN): multiple parcels, please see attached parcel map
Select one: I am other
Name: Tim Sheehy
Company: Meritage Homes of the Carolinas, Inc
Mailing Address: 13925 Ballantyne Corporate Place, Suite 300, Charlotte, NC 28277
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
P r / Interested Buyer* / 04m*
I"
*The Interested Buyer/Other acknowledges that an agreement and/or 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 property is not owned by the signatory.
Charlotte Office: www.wettands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]

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Clark's Gas Pipinj
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2036 a
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208 WWESTBOURNE
Id PIa Rd
nk Mountain Island
Lake Academy Pleasant Grove
Presbyterian
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Acres: GALLOWAY RIDGE Prepared for:
+/- 81.00 Mecklenburg Co., NC MERITAGE HOMES
FIGURE
1 VICINITY MAP Drawn By: Reviewed By:
5/22/19
Subject to USACE/NCDEQ verification BLK LSR

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Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
[e-mail]
[phone]
www.wetiands-epg.com

GUTTER BRANCH
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LOCATION
Lat: 35.3148 N SCALE
Long: -80.9198 W 1:24,000
HUC: 03050101 ACRES USGS QUAD t r 1
UPPER CATAWBA 81.00 FMountain Island Lake ` f
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Acres: GALLOWAY RIDGE Prepared for:
+/- 81.00 Mecklenburg Co., NC MERITAGE HOMES
FIGURE
3 USGS MAP Drawn By: Reviewed By:
5/22/19 Subject to USACE/NCDEQ verification BLK LSR

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Map Unit Name
Acres In A01
Percent of A01
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8. 7%
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percent slopes, moderatety
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9_C,
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24.5
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Wilkes loam, 4 to 8 percent
3.2
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13.5
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3.0
3.5%
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10.4
12.2%
slopes
85.0
Totals for Area of Interest
100.0%
Acres:
GALLOWAY RIDGE
Prepared for:
+/- 81.00
Mecklenburg Co., NC
FIGURE
NRCS PUBLISHED SOILS
4
Drawn By: Reviewed By:
5/22/19
Subject to USACE/NCDEQ verification
BLK LSR

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PARCEL:03305141
MERITAGE HOMES OF THE
CAROLINAS INC
PARCEL:03305103
MERITAGE HOMES OF THE
CAROLINAS INC
- FCAROLINAS
EL:03305132
AGE HOMES OF THE
INC
PARCEL:03323101 Ir r
MERITAGE HOMES OF THE CAROLINAS INC I
8800 EAST RAINTREE DR STE 300
SCOTTSDALE AZ 85260
PO/ PROJECT BOUNDARY
STUDY LIMITS
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PARCEL:03305133
Robert Cathey, Rebecca Auten
7324 Pleasant Grove Rd
Charlotte NC, 28216
PARCEL:03305121 _--V PARCEL:03305110
MERITAGE HOMES OF Thomas & Tamara Robinson
THE CAROLINAS INC - 2759 Kelly Rd
-- -- Charlotte NC, 28216
PAR CEL: 03305116
MERITAGE HOMES OF ti �'J I _ _ I-_•
THE CAROLINAS INC I _ I PARCEL: 03305115
Matt McDonald, Frances Bondra
PARCEL: 03305131 I 2709 Kelly Rd
MERITAGE HOMES OF THE PARCEL:03305134 _ Charlotte NC, 28216
CAROLINAS INC MERITAGE HOMES OF THE
I
' CAROLINAS INC
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Acres: GALLOWAY RIDGE Prepared for:IWEP
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FIGURE
5 TAX MAP Drawn By: Reviewed By:
117122 Subject to USACE/NCDEQ verification ALL HAC

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jurisdictional
Determination Information

SAW-2020-00270
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00270 County: Mecklenburg U.S.G.S. Quad: NC -Mountain Island Lake
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Meritage Homes of the Carolinas, Inc.
Tim Sheehy
Address: 13925 Ballantvne Corporate Place
Charlotte, NC 28277
Telephone Number: [phone]
E-mail: tim.sheehv(&meritagehomes.com
Size (acres) 81 Nearest Town Charlotte
Nearest Waterway Gutter Branch River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.3148
Longitude:-80.9198
Location description: The review area is located on the east side of Hutchinson Lane, 0.16 miles northwest of the intersection of
Pleasant Grove Road and Hutchinson Lane. PINs: 03323101, 03305133, 03305110, 03305115, 03305134, 03305131, 03305116,
03305121. 03305132. 03305103. and 03305141. Reference review area descrintion shown in the Jurisdictional Determination
Request package entitled "
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 wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2020-00270
0 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 6/23/2021. 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 onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-rynolds( )usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 08/04/2021.
D. Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
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, Georgia 30303-8803
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL
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 10/03/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: 2021.08.0413:21:25-04'00'

SAW-2020-00270
Date of JD: 08/04/2021 Expiration Date of JD: 08/03/2026
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 lator,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Group
Daniel Kuefler
Address: 10612-D Providence Road
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler( )wetlands-ep2. com
Property Owner: not provided
Robert Cathev
Address: 7324 Pleasant Grove Road
Charlotte, NC 28216
Telephone Number: 704-807-7406
E-mail: tim.sheehv(a)meritnehomes.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
n1L REQUEST FOR APPEAL
Applicant: Meritaee Homes of the Carolinas, Inc., Tim
File Number: SAW-2020-00270
Date: 08/04/2021
Sheehy
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑X
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/ReQulatoryProgramandPenuits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Bryan Roden -Reynolds
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Charlotte, North Carolina 28262
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL
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 invest] ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 08/04/2021
ORM Number: SAW-2020-0027
Associated JDs: SAW-2020-00270 (PJD issued 03/11/20)
Review Area Location': State/Territory: City: Charlotte County/Parish/Borough: Mecklenburg
Center Coordinates of Review Area: Latitude 35.3148 Longitude-80.9198
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
DX There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination
N/A I N/A
C. Clean Water Act Section 404
Territorial Seas and Traditional Navi able Waters a 1 waters :3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Tributaries
3,380
linear
(a)(2) Perennial
The flow regime was verified by the Corps
A, B, L, M,
feet
tributary
during the review of the previously issued PJD.
and Gutter
contributes
Branch
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Tributaries
2,005
linear
(a)(2)
The flow regime was verified by the Corps
C, D, E, P,
feet
Intermittent
during the review of the previously issued PJD.
O, N,
tributary
' Map(s)/figure(s) are attached to the AJD provided to the requestor.
' If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
a 3 Name
a 3 Size
a 3 Criteria
Rationale fora 3 Determination
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Wetlands H,
0.56
acre(s)
(a)(4) Wetland
Wetland K abuts perennial Tributary B and
J, K, and Q
abuts an (a)(1)-
Wetlands H, Q and J abut intermittent Tributaries
a 3 water.
E, N and C
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Wetland G
0.05
acre(s)
(b)(1) Non-
Wetland G has no connection to downstream
adjacent
jurisdictional waters. Only connection is via
wetland.
overland sheetflow to intermittent Tributary
D.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
Information submitted by, or on behalf of, the applicant/consultant: Figures 1-7
This information is sufficient for purposes of this AJD.
Rationale: N/A
❑ Data sheets prepared by the Corps: -le(s) and/or date(s).
❑x Photographs: Aerial and Other: Figure 1, Vicinity Map (Dated 05/22/19), Figure 2, Aerial Map
(Dated 05/22/19) and Photographs 1-4
❑ Corps site visit(s) conducted on: Date(s).
❑x Previous Jurisdictional Determinations (AJDs or PJDs): SAW-2020-00270 (PJD issued 03/11/20)
❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
❑x USDA NRCS Soil Survey: Figure 4, NRCS Published Soils (Soil Survey of Mecklenburg County)
❑ USFWS NWI maps: le(s) and/or date(s'
❑x USGS topographic maps: Figure 3, USFS Map (7.5-minute quadrangle Mountain Island Lake, NC)
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
Other data sources used to aid in this determination:
Data Source select
Name and/or date and other relevant information
USGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
Figure 5, Tax Map (Dated 05/22/19) and Stream Reach Evaluation Forms
Dated 01/27/20
Other Sources
Figure 6, FEMA Floodplain (National Flood Hazard Layer) and Figure 7,
Delineation Map (Dated 06/23/21)
B. Typical year assessment(s): The consultant (i.e., Wetlands and Environmental Planning Group)
conducted a site visit on 01/27/20. The Antecedent Precipitation Tool was used for this date and
determined the site was under normal conditions.
C. Additional comments to support AJD: See Section II(D)Excluded Waters or Features for further
analysis on Wetland G.
Page 2 of 2 Form Version 10 June 2020 updated

LEGEND
Project boundary study limits
/ Stream
M Wetland
Landscape phatoldirection PROJECT BOUNDARY
STUDY LIMITS
JURISDICTIONAL TRIBUTARY
GUTTER BRANCH
-1,900 If
o
JURISDICTIONAL
TRIBUTARY L
JURISDICTIONAL
TRIBUTARY P
-100 If
JURISDICTIONAL TRIBUTARY 0
- 230 If
#
JURISDICTIONAL TRIBUTARY N
JURISDICTIONAL
-900
TRIBUTARY M
-200 If
JURISDICTIONAL
JURISDICTIONAL
o
WETLAND K 1
WETLAND Q
-0.01 ac
-0.25 ac 4
,5
JURISDICTIONAL
TRIBUTARY B NCDEQ
JURISDICTIONAL
- 250 If 2 STIR
TRIBUTARY A
11
FORMA ^
t NCDEQ
- 450 If
�
JURISDICTIONAL
g
ii' STIR
TRIBUTARY D
FORM N
o -250 If
USACE WETLAND
USACE
UPLAND
DATA FORM H f
DP1
JURISDICTIONAL
TRIBUTARY C
-3501f
•
q
O
JURISDICTIONAL
a]
TRIBUTARY E
EXCLUDED
-175 If
WETLAND
b 1 G
-0.05 ac
JURISDICTIONAL
JURISDICTIONAL
WETLAND 1
k
WETLAND H
N
0.1 ac
p
-0.2 ac
-
J
***USACE VERIFICATION 3/11/20***
Acres:
HUTCHINSON LN SUBDIVISION
Prepared for:
+/- 81.00
Mecklenburg Co., NC
MERITAGE HOMES
FIGURE
7
DELINEATION MAP
Drawn By:
Reviewed By:
6/23/21
Subject to USACE/NCDEQ verification
NRN
LSR

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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3148' 1, Long.-80.9198° �.
Universal Transverse Mercator.
Name of nearest waterbody: Gutter Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03050101
® 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):
SECTION IL• SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pick List "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 maybe 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): r
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (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: 5,385 linear feet: width (ft) and/or acres.
Wetlands: 0.425 acres.
Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
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: The site contains one isolated wetland (Isolated Wetland G). No jurisdictional connection or nexus to a
jurisdictional water body was identified when classifying this feature .
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).
s Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
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 I LDA. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LAA and 2
and Section ULD.1.; otherwise, see Section I LB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent 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,
skip to Section IILD.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 I LB.1 for
the tributary, Section I LB.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 I LC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 219 square miles
Drainage area: 0.08 square miles
Average annual rainfall: 44 inches
Average annual snowfall: 0 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through I tributaries before entering TNW.
Project waters are 5-10 river 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 TNW': Project waters flow into Gutter Branch (onsite), then flow into Long Creek before flowing
into the Catawba River.
4 Note 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 stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth: 1 feet
Average side slopes: =
Primary tributary substrate composition (check all that apply):
® Silts ® Sands
® Cobbles ® Gravel
❑ Bedrock ❑ Vegetation. Type/% cover.
❑ Other. Explain:
❑ Concrete
❑ Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: Streams A, B, L, M and Gutter Branch are perennial. Streams P, 0, N, C, E, and D are
intermittent and feed into onsite perennial streams.
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
® OHWM' (check all indicators that apply):
® clear, natural line impressed on the bank
❑
the presence of litter and debris
® changes in the character of soil
❑
destruction of terrestrial vegetation
® shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
® leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: d 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 was clear.
Identify specific pollutants, if known: No visible pollutants noted.
'A 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.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Aquatic vegetation.
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:0.425 acres
Wetland type. Explain: Bottomland hardwood forest.
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Ephemeral flow. Explain:
Surface flow is: Overland sheetflow
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 5-10 river miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 100 - 500 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 was clear/brown.
Identify specific pollutants, if known: No visible pollutants.
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:Aquatic vegetation.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 4
Approximately ( 0.425 ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Wetland K (Y) 0.147 Wetland H (Y) 0.21
Wetland J (Y) 0.059 Wetland Q (Y) 0.009
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
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 flow
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 foodwebs?
• 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:
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:
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:
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:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet width (ft), 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: Streams A, B, L, M and Gutter Branch exhibit geomorphology, hydrology, and biological indicators
consistent with perennial flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream
Identification Assessment Forms.
® 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 III.B. Provide rationale indicating that tributary flows
seasonally: Streams P, O, N, C, E, and D exhibit geomorphology, hydrology, and biological indicators consistent with

intermittent flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream Identification
Assessment Forms.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 5,385 linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWs' 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 width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
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 III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetland K directly abuts an onsite Perennial RPW Tributary with no break in
jurisdiction.
® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetlands H, J, Q directly abut onsite Seasonal RPW Tributaries with no break in jurisdiction.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.425 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.
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.
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.
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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.

❑ 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:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
f] Tributary waters: linear feet width (11).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. 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
G lacks a Significant Nexus to any jurisdictional waters. No jurisdictional connection or nexus to a jurisdictional water
body was identified when classifying this feature.
U 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 width (ft).
❑ 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, width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
® Wetlands: 0.049 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:
® 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 IIUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Mountain Island Lake, NC 1997.
® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps: Figure 6, Mecklenburg County GIS 2018.
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure 2 (5/22/19).
or ® Other (Name & Date): Photo Log (1/27/20).
❑ Previous determination(s). File no. and date of response letter.
❑ Applicable/supporting case law:
1:24,000 scale.
Manuscript Mecklenburg County 1980.

❑ Applicable/supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

LEGEND
El Project boundarystudy Iirnits
stream
Wffdand
Landscape photoldirection PROJECT BOUNDARY
STUDY LIMITS
JURISDICTIONAL TRIBUTARY
GUTTER BRANCH
-1,900 If
o i,
6
JURISDICTIONAL
TRIBUTARY M
-200 If
JURISDICTIONAL
WETLAND K
1
-0.147 ac
4
JURISDICTIONAL
TRIBUTARY B
- 250 If
NCDEQ
2 STR
FORMA NCDEQ
JURISDICTIONAL
STR
TRIBUTARY D
FORM N
-250 If
4 ;
USACE WETLAND
USACE
�
UPLAND
DATA FORM H
DPI
{
3
�
JURISDICTIONAL
TRIBUTARY C
a
-350 If
- JURISDICTIONAL i
TRIBUTARY E
ISOLATED -175 If
WETLAND G
-0.049 ac JURISDICTIONAL
JURISDICTIONAL
WETLAND J
WETLAND H
- 0.059 ac
_
N -0.21 ac
7
***USACE
VERIFICATION 3/11/20***
Acres:
GALLOWAY RIDGE
+/- 81.00
Mecklenburg Co., NC
FIGURE
6123121
DELINEATION MAP
7
UPDATED
Subject to USACE/NCDEQ verification
117122
JURISDICTIONAL
TRIBUTARY P
-100 If
JURISDICTIONAL TRIBUTARY 0
- 230 If
JURISDICTIONAL TRIBUTARY N
-900
JURISDICTIONAL
WETLAND Q
-0.009 ac
a"
JURISDICTIONAL
TRIBUTARY A
- 450 If
Prepared for:
MERITAGE HOMES
Drawn By: Reviewed By:
NRN
Updated By: LSR
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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
I en. ri nd ner@wet Ian ds -epg. co m
Evaluation
For: Hutchinson Lane Subdivision
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
August 17, 2021
Field investigation conducted August 16, 2021
www.wetiands-epg.com
Ashesrile Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

Hutchinson Lane Subdivision
Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Hutchinson Lane Subdivision site (+/- 81 acres) is located just south of
Gutter Branch, just east of Hutchinson Lane, and just west of Kelly Road in
Mecklenburg County, North Carolina. It can be found on the Mountain Island
Lake NC USGS Topographic Quadrangle Map; latitude is 35.3148 N, longitude is
-81.9198 W. The topography is gently to moderately sloped. The elevation
ranges from 650 to 750 ft. (Figure 1). The site is composed of several semi -rural
residential home sites with associated lawns, landscaping, outbuildings, and
animal pastures; and a successional mixed pine and hardwood forest, with
slopes and drainages flowing into Gutter Branch.
Figure 1:
1�
UU TE R 6 RANC H
� t
APPROXIMATE
P ROIEOT BOUNDARY
STUDY LIMITS
• i
Y,
�dV t
LOCATION
Lat:35.3148 N SCALE I
Long:-80.9198 W 1:24,400 i • +
HUC:03050101 pCREB USGS QUAD
l UPPERCATAWBA + 81.00 hmwntan Island Lake tl /
A� ; HUTCHIN5ON LNSLIEDIVISION P.P..dfo
Mecklenburg C.., NC MERITAGEHOME5 IWEPG
FIG II RE
1 U&G5 MAP IXawn Pr: Mmw d E,:
5/22/29 5U34CEMCDE4 F"_ ELK LSR
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Hutchinson Lane Subdivision
Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https:Hecos.fws.gov/ipac/location/J I FLVGS47FDKRG5TCWPQV5ZI64/resources
was referenced to determine the occurrence of Threatened, Endangered and
Protected species for Mecklenburg County, North Carolina, the results of which
are listed below (Table 1). Maps and aerial photographs were assembled, and
the site was investigated during the week of August 16, 2021
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on August 16, 2021
Group Name Status
Invertebrate Carolina Heelsplitter (Lasmigona Endangered
decorata
Vascular Plants Smooth Coneflower (Echinacea Endangered
laevi ata
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered
schweinitzii)
Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered
Vertebrate Northern Long -Eared Bat (Myotis Threatened
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus Protected under the Bald
leucocephalus) and Golden Eagle
Protection Act
Record Status
Current
Current
Current
Current
Probable/Potential
Current
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Hutchinson Lane Subdivision
Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
A total of three plant species with federal protection are listed as potentially
occurring in Mecklenburg County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered,
is typically found in open habitats which historically have been maintained by
wildfires and grazing bison and elk herds. Now most occurrences are limited to
roadsides, woodland and field edges, and utility rights -of -way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is
typically found in open woods, cedar barrens, roadsides, clear cuts, dry
limestone bluffs and power line rights -of -way, requiring abundant sunlight and
little competition from other plant species.
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires
habitat of sandy forests and woodland edges. This species requires periodic fire
as a part of its ecology.
A total of four animal species with federal protection are listed as potentially
occurring in Mecklenburg County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle
Protection Act, typically inhabits forested areas near large bodies of open water
such as lakes, marshes, seacoasts and rivers, where there are suitable fish
populations and tall trees for nesting and roosting.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is
restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds
are required for this species. Typically, stable areas occur where the stream
banks are well -vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened.
During summer, northern long-eared bats roost singly or in colonies underneath
bark, in cavities, or in crevices of both live and dead trees. Males and non -
reproductive females may also roost in cooler places, like caves and mines. It
has also been found, rarely, roosting in structures like barns and sheds. Northern
long-eared bats spend winter hibernating in caves and mines, called hibernacula.
WEPG#00560 4
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Hutchinson Lane Subdivision
Threatened /Endangered /Protected Species Evaluation
RESULTS:
This site has several semi -rural residential homes with associated lawns,
landscaping, outbuildings, gravel and dirt roads, fencerows and animal pastures.
There is a small crop field near the northern boundary. The remainder of the site
is covered with successional mixed pine and hardwood forest, with slopes and
drainages flowing into Gutter Branch. There is a large Charlotte Mecklenburg
Utilities Department right of way bisecting the site running north -south, and there
are overhead power lines along Hutchinson Lane and small connector lines to
the homes. All the roads and utilities rights of way are dominated by turf grasses
and common weeds and are maintained by periodic mowing.
The forest on the slopes and drainages has an average diameter at breast height
(dbh) for the canopy trees of 10 inches, with larger trees present. Canopy trees
include Shortleaf Pine (Pinus echinata), Virginia Pine (P. virginiana), Loblolly
Pine (P. taeda), Sweetgum (Liquidambar styraciflua), Tulip Poplar (Liriodendron
tulipifera), White Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra),
Southern Red Oak (Q. falcata), Willow Oak (Q. phellos), Black Walnut (Juglans
nigra), Mockernut Hickory (Carya tomentosa), Hackberry (Celtis laevigata),
American Elm (Ulmus americans), Sycamore (Platanus occidentalis), and White
Ash (Fraxinus americans). The subcanopy is composed of Flowering Dogwood
(Corpus f/orida), American Holly (Ilex opaca), Mulberry (Morus rubra), Winged
Elm (Ulmus alata), Black Cherry (Prunus serotina), Eastern Red Cedar
(Juniperus virginiana), Redbud (Cercis canadensis), and Black Gum (Nyssa
sylvatica). The shrub layer includes Spicebush (Lindera benzoin), Black Haw
(Viburnum prunifolium), Strawberry Bush (Euonymus americanus), Blueberry
(Vaccinium spp.), Chinese Privet (Ligustrum sinense), and Russian Olive
(Elaeagnus angustifolia). Vines present are Japanese Honeysuckle (Lonicera
japonica), Virginia Creeper (Parthenocissus quinquefolia), Crossvine (Bignonia
capreolata), Trumpet Creeper (Campsis radicans), Muscadine (Vitis
rotundifolia), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The
herb layer includes Christmas Fern (Polystichum acrostichoides), Ebony
Spleenwort (Asplenium platyneuron), Spotted Wintergreen (Chimaphila
maculata), Running Pine (Lycopodium f/abelliforme), Downy Rattlesnake
Plantain (Goodyera pubescens), and Japanese Stilt Grass (Microstegium
vimineum).
The roadsides along Hutchinson Lane and Kelly Road are dominated by turf
grasses and managed by periodic mowing. The power line along Hutchinson
Road has been sprayed with herbicide. Transitional areas along woods edges,
fields and fencerows have small saplings of Red Cedar and Pine with shrubs of
Groundsel Tree (Baccharis halimifolia), Smooth Sumac (Rhus glabra), and
Blackberry (Rubus spp.). Herbs include Sericea Lespedeza (Lespedeza
cuneata), Goldenrod (Solidago sp.), Black Eyed Susan (Rudbeckia hirta),
Broomsedge (Andropogon virginicus), Johnson Grass (Sorghum halepense),
WEPG#00560
Wetlands and Environmental Planning Group

Hutchinson Lane Subdivision
Threatened /Endangered /Protected Species Evaluation
Splitbeard (A. ternarius), Beggars Ticks (Desmodium sp.), and Chicory
(Cichorium intybus).
Threatened & Endangered/Protected Species Results
• 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 Smooth Coneflower along the roadsides and
woods edges were examined, and the species was not observed. WEPG
concludes Smooth Coneflower (Echinacea /aevigata) 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 /eucocepha/us) does not occur on the site.
• The on -site streams do not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been identified
within this basin. WEPG concludes Carolina Heelsplitter (Las0gona
decorata) does not occur on the site.
• Comparing this site location to the USFWS Asheville office's website
(http-//www.fws.gov/asheville/htm Is/project_review/N LE B_in_WNC. htm I)
WEPG concludes the site meets the "exempt" criteria which requires no
further action under section 7 of the Endangered Species Act for the
Northern Long-eared Bat.
on
Wetlands and Environmental Planning Group

Hutchinson Lane Subdivision
Threatened /Endangered /Protected Species Evaluation
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
04z'el # 1*e�l
Lisa R. Gaffney
Biologist
August 17, 2021
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Hutchinson Lane Subdivision
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 nanif/ora).
• 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

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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]
August 13, 2019
Mr. Len Rindner
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
10612-D Providence Road, PMB 550
Charlotte, North Carolina 28277
Subject: Letter of Findings - Limited Cultural Resources Literature Review
Hutchinson Development Tract
Mecklenburg County, North Carolina
R.S. Webb & Associates No. 19-649-115
Dear Mr. Rindner:
BACKGROUND
On August 12 and 13, 2019, R.S. Webb & Associates (RSWA) conducted a limited cultural
resources literature search for the Hutchinson development tract in Mecklenburg County, North
Carolina (Figure 1). The purpose of this study was to determine if certain types of cultural resources
are located within or adjacent to the project area. 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 similar features. The current desktop study did not
include researching archeological sites, as that research requires physical visitation to the Office of
State Archeology in Raleigh.
METHODOLOGY
Literature and Records Search: Archival sources and background data on the project area were
gathered via desktop from the following state repositories:
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/
The National Park Service's National Register of Historic Places (NRHP) website was accessed to
determine ifNRHP-listed properties are located in the project vicinity. The SHPO's HPOWEB GIS
online database is the definitive resource for the location of state -recognized historic resources in
Mecklenburg County. Historic county maps were viewed online through North Carolina Maps, a
collaboration of the University of North Carolina, the State Archives of North Carolina, and the
Outer Banks History Center. Historic aerial photographs and other historic maps were reviewed
online at Alabamamaps.ua.edu and at Historialaerials.com.

Findings - Limited Cultural Resources Literature Search, Hutchinson Development Tract Page 2
August 13, 2019
The following map/aerial photography sources were examined to search for historic resources within
and adjacent to the project area:
• 1910 USDA Soil Map of Mecklenburg County
• 1911 Spratt Map of Mecklenburg County
• 1912 Rural Delivery Route Map of Mecklenburg County
• 1938 State Highway Map of Mecklenburg County
• 1948 Paw Creek, North Carolina 7.5-minute USGS topographic map
• 1969 Mountain Island Lake, North Carolina 7.5-minute USGS topographic map
• 1960, 1965 and 1968 aerial photographs of Mecklenburg County
• 1993-2018 Google Earth aerial photography
RESULTS
National Register of Historic Places: A review of NRHP files and maps indicates that there are no
NRHP-listed properties within 1.0 mile of the project area.
Mecklenburg County Historic Structures: There are two recorded historic resources within 0.5 mile
of the project area, the closest of which is the John C. Abernathy House (MK1487), located
approximately 340 feet south-southeast of the project area (Figure 1). According to Google Earth
aerial photography, this I -house was still present in February 2019.
Historic Cemeteries: Historic maps and aerial photographs indicate no cemeteries within the project
area. The closest cemetery is Pleasant Grove Cemetery, which is within 60 feet south of the project
area, south of the Hutchinson Lane/Pleasant Grove Road intersection (Figure 1). According to
Findagrave.com, this cemetery has over 600 interments and dates from at least the late 19' century
into the early 21 st century.
Structures or Features on Historic Maps and Aerial Photographs: Historic maps from 1910 through
1969 show at least seven structures being located within the project area. Seven other structures are/
were within approximately 125 feet of the project area boundaries, along with Pleasant Grove
Cemetery; numerous other historic structures are present in the surrounding vicinity (Figure 1).
Aerial photography from 1960 through 2018 shows essentially the same structures as observed on
historic maps. Four structures present in the project area during the 1960s were still standing in
2018, per Google Earth aerial photography. Land use in the project area is a mix of forested areas
and agricultural fields that have been converted to pasture or gone fallow. Residential growth has
been limited and widely scattered over the last 50 years.
SUMMARY
There are no NRHP-listed historic properties, recorded historic structures or mapped cemeteries
located within the project area. There were at least seven structures located within the project area
between 1910 and 1969, four of which were still present on 2018 aerial photography. It is unknown
if recorded archeological sites are present within the project area.

Findings - Limited Cultural Resources Literature Search, Hutchinson Development Tract Page 3
August 13, 2019
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 & ASSOCIATE
/A
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachments: Figure 1

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Structure on Historic Maps and Aerials
O Recorded Historic Structure
Map Reference: 7.5-Minute USGS Quadrangle Scale
Mountain Island Lake (1969), NC 0 305 meters
0 1000 feet
Figure 1 Project Area and Cultural Resources Location Map