20201905 Ver 2_SAW-2020-00673 NWP Verification Aberdeen TH 1_20220302

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2020-00673 County: Mecklenburg U.S.G.S. Quad: NC-Derita

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: M/I Homes of Charlotte, LLC
Cody Simoneaux
Address: 5350 77 Center Drive, Suite 100
Charlotte, NC 28217
Telephone Number: 704-840-8362
E-mail: [e-mail]

Size (acres) 23 Nearest Town Charlotte
Nearest Waterway Stony Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.37009
Longitude: -80.75845
Location description: The review area is located on the south side of Ridge Road; approximately 0.2 miles southwest of the
intersection of Ridge Road and Street Avenue. PINs: 02962124, 02962123, 02962122, and 02962121.

Description of projects area and activity: This verification authorizes the permanent wetland impacts of 0.097 acres along with
temporary wetland impacts of 0.017 acres to facilitate the development of a residential development. All temporary wetland
will be restored to pre-existing conditions after the completion of construction.

NationwidePermitNo.AquaticResourceDurationofImpactAmountofImpactReasonforImpact
Impacted
29EmergentWetlandTemporary0.017acreUtilityconnection
29ForestedWetlandPermanent0.023acreGrading/fill
18EmergentWetlandPermanent0.074acreRoad/Culvert

Applicable Law(s): Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: NWP 18. Minor Discharges and NWP 29. Residential Developments

SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 4/26/2021, and the enclosed plans Construction Drawings EX-1 through EX-5
dated 2/19/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permitÓs expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden-Reynolds at 704-510-1440or [e-mail].

Cszbo!Spefo.Sfzopmet!
3132/17/19!22;21;14!.15(11(
Corps Regulatory Official: _____________________________________________________Date: 6/8/2021
Expiration Date of Verification: 4/14/2026

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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished:

Agent: Wetlands and Waters
Meagan Jolly
Address: 328 East Broad Street, Suite D
Statesville, NC 28667
Telephone Number: 704-681-3479
E-mail: [e-mail]

Action ID Number: SAW-2020-00673 County: Mecklenburg

Permittee: M/I Homes of Charlotte, LLC, Cody Simoneaux

Project Name: Aberdeen Townhomes

Date Verification Issued: 6/8/2021

Project Manager: Bryan Roden-Reynolds

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden-Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
[e-mail]

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

SAW-2020-00673

MEMORANDUM FOR RECORD

SUBJECT: Department of the Army Memorandum Documenting General Permit Verification

1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).

1.1 Applicant name: M/I Homes of Charlotte, LLC, Cody Simoneaux

1.2 Activity location:Latitude: 35.37009 Longitude: -80.75845 Location description: The review
area is located on the south side of Ridge Road; approximately 0.2 miles southwest of
the intersection of Ridge Road and Street Avenue. PINs: 02962124, 02962123, 02962122,
and 02962121.

1.3 Description of activity requiring verification:This verification would authorize the permanent
wetland impacts of 0.097 acres along with temporary wetland impacts of 0.017 acres to
facilitate the development of a residential development. All temporary wetland will be
restored to pre-existing conditions after the completion of construction.

1.4 Is this an After-the-Fact verification? No.

1.5 Date PCN determined complete for processing: 5/6/2021

1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 4/20/2020.

1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)

1.8 Applicable Permit: NWP 18. Minor Discharges and NWP 29. Residential Developments

1.9 Activity requires written waiver of NWP limits? No.

1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.

2.0 Evaluation of the Pre-Construction Notification

2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.

SAW-2020-00673
2.2 Site specific factors: The review area consists of low-density residential uses and vacant
land that is comprised of open fields and woodlands. Surrounding land use is low- and
high-density residential developments, woodlands, agricultural, and institutional.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.

Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.

2.3.2 Was the PCN coordinated with other Corps offices? No.

2.4 Mitigation

2.4.1 Provide brief description of how the activity has been designed on-site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site:The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.

2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
No.

Provide rationale: No compensatory mitigation is required because the applicant has
minimized impacts and the loss of wetlands associated with the activity is less than
0.10 acre. There are no specific circumstances that would warrant compensatory
mitigation.

3.0 Compliance with Other Laws, Policies and Requirements

3.1 Section 7(a)(2) of the Endangered Species Act (ESA)

3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.

3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.

3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled
its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Mecklenburg County:
NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened
NAME: Carolina Heelsplitter (Lasmigona decorata) STATUS: Endangered
NAME: Rusty-patched bumble bee (Bombus affinis) STATUS: Endangered
NAME: MichauxÓs sumac (Rhus michauxii) STATUS: Endangered

SAW-2020-00673
NAME: SchweinitzÓs sunflower (Helianthus schweinitzii) STATUS: Endangered
NAME: Smooth coneflower (Echinacea laevigata) STATUS: Endangered

Effect determination(s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage ProgramÓs NHEO
data, there are no protected species located within or in the vicinity of the action area.
The Corps has determined the proposed activity will not directly or indirectly affect any
species subject to the ESA.

3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than Ðno effectÑ
(see the attached ÐSummaryÑ sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on June 8, 2021, informing them about this
project.

Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.

Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.

3.2 Magnuson-Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.

3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson-Stevens
Act? No.

3.2.2 Did the proposed project require review under the Magnuson-Stevens Act? No.

3.3 Section 106 of the National Historic Preservation Act (Section 106)

3.3.1 Section 106 permit area:The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.

Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities

SAW-2020-00673
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.

3.3.3 Known cultural resource sites present and/or survey or other additional information needed?
No. Based on the NCDCR ÐHPOWEBÑ service and aerial photographs, there are no
known historic properties located in the permit area or in close proximity to the permit
area.

Effect determination and basis for that determination: The Corps has determined the
proposed activity will have no effect on properties listed or eligible for listing in the
National Register of Historic Places.

3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than Ðno potential to cause effectsÑ (see the
attached ÐSummaryÑ sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.

3.4 Tribal Trust Responsibilities

3.4.1 Was government-to-government consultation conducted with Federally-recognized Tribe(s)?
No. There are no known tribal interests in the project area.

Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.

3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.

3.5 Section 401 of the Clean Water Act Î Water Quality Certification (WQC)

3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.

3.6 Coastal Zone Management Act (CZMA)

3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.

3.7 Wild and Scenic Rivers Act

3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a Ðstudy riverÑ for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.

3.8 Effects on Corps Civil Works Projects (33 USC 408)

SAW-2020-00673

3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
4.0 Special Conditions

4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? No.

If no, provide rationale: The terms and conditions of the general permit are sufficient to
ensure no more than minimal adverse effects, and no conditions are needed for
compliance with other laws or to protect the public interest.

5.0 Determination

5.1 Waiver request conclusion, if required or select N/A: N/A.

5.2 The activity will result in no more than minimal individual and cumulative adverse effects on
the aquatic environment and will not be contrary to the public interest.

5.3 This activity, as described, complies with all terms and conditions of the permits identified in
Section 1.5.

PREPARED BY:

Cszbo!Spefo.Sfzopmet!

3132/17/19!22;1:;55!.15(11(
________________________ Date: 6/8/2021
Bryan Roden-Reynolds

GRAPHIC SCALE
0100200400
1 inch = 200 ft.
M:\\Projects\\MIHomes\\MIH-20000\\04-Production\\Engineering\\Construction Drawings\\Current Drawings\\MIH20000-Wetland Exhibit.dwg, 4/22/2021 3:29:00 PM, Duval, Michael
PLAN INFORMATION
PROJECT NO.MIH-20000
ABERDEEN TOWNHOMES
FILENAME
IMPACT INSET
CHECKED BYMDD
DRAWN BYAPM
RIDGE ROAD
SCALE1"=200'
CHARLOTTE, NORTH CAROLINA
DATE02. 19. 2020

ROCKY SPRINGS DRIVE
(56' PUBLIC R/W)
EXISTING
RIDGE ROAD
EXISTING
(VARIABLE WIDTH PUBLIC R/W)
BERNBROOKE SHADOW LANE
(50' PUBLIC R/W)
RIZER DRIVE
(56' PUBLIC R/W)
BERNBROOKE SHADOW
LANE
(56' PUBLIC R/W)
MCLAUREN DRIVE
(56' PUBLIC R/W)
KINGSBROOK DRIVE
(70' PUBLIC R/W)
OVERALL % IMPERVIOUS = ±27%
(6.13/22.88 AC)
GRAPHIC SCALE
0100200400
1 inch = 200 ft.
M:\\Projects\\MIHomes\\MIH-20000\\04-Production\\Engineering\\Construction Drawings\\Current Drawings\\MIH20000-Wetland Exhibit.dwg, 4/22/2021 3:29:04 PM, Duval, Michael
PLAN INFORMATION
PROJECT NO.MIH-20000
ABERDEEN TOWNHOMES
FILENAME
IMPACT INSET
CHECKED BYMDD
DRAWN BYAPM
RIDGE ROAD
SCALE1"=200'
CHARLOTTE, NORTH CAROLINA
DATE02. 19. 2020

GRAPHIC SCALE
0204080
1 inch = 40 ft.
M:\\Projects\\MIHomes\\MIH-20000\\04-Production\\Engineering\\Construction Drawings\\Current Drawings\\MIH20000-Wetland Exhibit.dwg, 4/22/2021 3:29:08 PM, Duval, Michael
PLAN INFORMATION
PROJECT NO.MIH-20000
ABERDEEN TOWNHOMES
FILENAME
IMPACT INSET
CHECKED BYMDD
DRAWN BYAPM
RIDGE ROAD
SCALE1"=40'
CHARLOTTE, NORTH CAROLINA
DATE02. 19. 2020

ROCKY SPRINGS DRIVE
(56' PUBLIC R/W)
KINGSBROOK DRIVE
(70' PUBLIC R/W)
GRAPHIC SCALE
0204080
1 inch = 40 ft.
M:\\Projects\\MIHomes\\MIH-20000\\04-Production\\Engineering\\Construction Drawings\\Current Drawings\\MIH20000-Wetland Exhibit.dwg, 4/22/2021 3:29:12 PM, Duval, Michael
PLAN INFORMATION
PROJECT NO.MIH-20000
ABERDEEN TOWNHOMES
FILENAME
IMPACT INSET
CHECKED BYMDD
DRAWN BYAPM
RIDGE ROAD
SCALE1"=40'
CHARLOTTE, NORTH CAROLINA
DATE02. 19. 2020

EXISTING
BERNBROOKE SHADOW LANE
(50' PUBLIC R/W)
BERNBROOKE SHADOW LANE
(56' PUBLIC R/W)
GRAPHIC SCALE
0204080
1 inch = 40 ft.
M:\\Projects\\MIHomes\\MIH-20000\\04-Production\\Engineering\\Construction Drawings\\Current Drawings\\MIH20000-Wetland Exhibit.dwg, 4/22/2021 3:29:16 PM, Duval, Michael
PLAN INFORMATION
PROJECT NO.MIH-20000
ABERDEEN TOWNHOMES
FILENAME
IMPACT INSET
CHECKED BYMDD
DRAWN BYAPM
RIDGE ROAD
SCALE1"=40'
CHARLOTTE, NORTH CAROLINA
DATE02. 19. 2020