20201208 Ver 2_401 Application_20220519

Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30. pdf
A. Processing Information
Pre -Filing Meeting Date Request was submitted on: *
4/18/2022
If this is a courtesy copy, please fill in this with the submission date.
County (or Counties) where the project is located: *
Mecklenburg
Is this a NCDMS Project*
OYes 0No
Click Yes, only if NCDMS is the applicant or co -applicant.
Is this project a public transportation project?*
0 Yes ® No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps: *
L Section 404 Permit (wetlands, streams and waters, Clean Water Act)
O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
® No
1b. What type(s) of permit(s) do you wish to seek authorization?*
❑O Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?*
0Yes ONo
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
td. Type(s) of approval sought from the DWR: *
check all that apply
II 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
O Individual 401 Water Quality Certification
14 - Linear transportation
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
0 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
*
0Yes 0N0
OYes ®No
If. Is this an after -the -fact permit application?*
0 Yes 40 No

lg. 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.
O Yes O No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
5.1Griffith Lakes Phase 2a DMS Acceptance pdf
FILE TYPE MUST BE PDF
lh. Is the project located in any of NC's twenty coastal counties?*
O Yes O No
1j. Is the project located in a designated trout watershed?*
OYes No
233.84KB
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:*
[e-mail]
td. Who is applying for the permit?*
0 Owner
(Check all that apply)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed: *
Harris Woods LLC
2b. Deed book and page no.:
2c. Contact Person:
(for Corporations)
James Griffith
2d. Address*
Street Address
1944 Brunswick Ave
Address Line 2
Suite 2A
City
Charlotte
Postal / Zip Code
28207
2e. Telephone Number: *
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
(wx)xxx-xxxx
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:*
Dan Rossi
3b. Business Name:
(if applicable)
Toll Brothers Inc
1c. Primary Contact Phone:*
(.)0x-xxxx
[phone]
O Applicant (other than owner)
State / Province / Region
NC
Country
USA

3c. Address*
Street Address
14529 Grand Palisades Parkway
Address Line 2
City
Charlotte
Postal / Zip Code
28278
3d. Telephone Number: *
[phone]
()xxx-xxxx
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:*
Daniel Kuefler
4b. Business Name:
(if applicable)
Wetlands & Environmental Planning Group
4c. Address*
Street Address
10612-D Providence Road
Address Line 2
PMB 550
City
Charlotte
Postal / Zip Code
28277
4d. Telephone Number: *
[phone]
(xxx)xxx-xxxx
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
(xxx)xxx-xxxx
State / Province / Region
NC
Country
USA
4e. Fax Number:
occo xx- 0,
1. Project Information
la. Name of project: *
Griffith Lakes Phase 2a
lb. Subdivision name:
(if appropriate)
lc. Nearest municipality / town: *
Charlotte
2. Project Identification
2a. Property Identification Number: 2b. Property size:
(tax PIN or parcel ID) (in acres)
04324101, 04306202,04306209, 04323294 399
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
State / Province / Region
Country
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude: * Longitude: *

35.3273 -80.8222
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Mallard Creek
3b. Water Resources Classification of nearest receiving water: *
C
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUG in which the project is located.*
030401050103
River Basin Lookup
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site is almost entirely covered with disturbed successional woods on slopes and stream corridors laced with gravel and dirt roads and trails. There are subdivisions to the north, east,
and south with commercial properties buffering the property from US HWY 77 to the west.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes O No 0 Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000.00000).
DWR#20-1208
SAW-2019-01091
4f. List the total estimated acreage of all existing wetlands on the property:
26.784
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
8,562
4h. Explain the purpose of the proposed project: *
Phase 2a is an application for 2 crossings for an access road&amenity center. A roadway between phase 1 & 2a is contingent upon a dam safety review.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
O Yes
Comments:
O No 0 Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
O Preliminary O Approved 0 Not Verified O Unknown O N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2019-01091
Sc. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Nic Nelson
WEPG
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
This site's JD was field verified by D. Shaeffer (USACE) on 2/6/20 and the NWP application was verified by Bryan Roden -Reynolds (USAGE) on 10/15/20 and Alan Johnson (NCDEQ) on
12/3/20. A copy of the signed JD and Phase 1 NWP approval is included in the Approvals section.
6. Future Project Plans
6a. Is this a phased project?*
O Yes 0 No

6b. If yes, explain.
SAW-2019-01090/DWR#20-1208 authorized the permanent stream impacts of 240 LF/0.039AC to facilitate the construction of a residential development.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
The project is a residential development being built in phases. Additional NWP applications will be submitted for subsequent phases.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
OO Wetlands O Streams -tributaries
O Open Waters O Pond Construction
O Buffers
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
W. will be used in the table below to represent the word "wetland".
2a. Site #* (?)
2a1 Reason* (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Road Crossing
P
Bottomland Hardwood Forest
Wetland G
Yes
Corps
0.200
(acres)
W2
Road Crossing
T
Bottomland Hardwood Forest
Wetland G
Yes
Corps
0.020
(acres)
W3
Road Crossing
P
Bottomland Hardwood Forest
Wetland G
Yes
Corps
0.027
(acres)
W4
Road Crossing
P
Bottomland Hardwood Forest
Wetland 0
Yes
Corps
0.004
(acres)
2g. Total Temporary Wetland Impact
0.020
2g. Total Permanent Wetland Impact
0.231
2g. Total Wetland Impact
0.251
2i. Comments:
W1 &2&3: Wetland G for roadway, grading, stabilization
W4: Wetland 0 for roadway grading
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.
"S." will be used in the table below to represent the word "stream".
3a. Reason for impact* (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
Si
Road Crossing
Permanent
Culvert
Stream L
Intermittent
Corps
4
Average (feet)
117
(linear feet)
S2
Road Crossing
Temporary
Stabilization
Stream L
Intermittent
Corps
4
Average (feet)
21
(linear feet)
* All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
117
3i. Total temporary stream impacts:
21
3i. Total stream and ditch impacts:
138
3j. Comments:
S1- 0.01 AC
S2- 0.004 AC. Riprap will be placed at pre-existing elevations as a permanent no -loss impact.

E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: *
Phase 2a includes 2 crossings required for an access road and amenity center. Efforts of minimization were implemented to preserve the existing
hydrology and limit adverse effects to existing natural habitat. The culverts have been designed with headwalls as close to the sidewalks as possible to
minimize impacts and 2:1 slopes were used where possible. Connectivity requirements and the amenity center mandated the proposed roadway
alignment. The applicant has demonstrated avoidance and minimization efforts by avoiding 95.8% of streams and 99% wetlands for the whole site.
lb. 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 No
2c. If yes, mitigation is required by (check all that apply):
DWR O Corps
2d. If yes, which mitigation option(s) will be used for this project?
O Mitigation bank O Payment to in -lieu fee program !O' Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
OYes 0No
4b. Stream mitigation requested:
(linear feet)
117
4c. If using stream mitigation, what is the stream temperature:
warm
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
4d. Buffer mitigation requested (DWR only):
(square feet)
4e. Riparian wetland mitigation requested:
(acres)
0.231
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
O Yes U No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
0 Yes ® No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? *
0 Yes ® No
To look up low density requirement click here 15A NCAC 02H .1003(2).
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local govemment stormwater program?*
O Yes O No
0 N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stomiwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer
no to this question.

2d. Which of the following stormwater management program(s) apply (check all that apply): *
Local Govemment O State
If you have a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs*
O Phase II
O USMP
Please identify which local government stormwater program you are using.*
City of Charlotte
OI NSW
❑ Water Supply
Comments:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Charlotte but will be designed to meet their
criteria.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
O Yes O No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
O Yes O No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
• Yes No
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
OYes 0No0N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
O Yes O No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
O Yes O No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
O Yes
5e. Is this a DOT project located within Division's 1-8?*
OYes CNo
OO No O Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?*
OYes 0No
5g. Does this project involve bridge maintenance or removal?*
0Yes ®No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?**
OYes 4)No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?*
OYes 4No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? *
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is except as described in the attached T&E report. This report has been submitted to FWS for concurrence.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes • No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
No essential habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http:fgis.ncdcr.ggy poweb/
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust
designation or properties significant in North Carolina history and archaeology)?*
O Yes O No
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/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
O Yes O No
8c. What source(s) did you use to make the floodplain determination?*
www.fema.gov
https://polaris3g.mecklenburgcountync.gov/
Miscellaneous
Comments
A complete PCN package is attached
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Griffith Lakes PCN.pdf
File must be PDF or KMZ
Signature
11.7MB
LI By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:*
Daniel Kuefler
Signature*
Date
5/13/2022

WEPG
Preliminary ORM Data Entry Fields for New Actions
SAW - 2019 - 01091
Prepare file folder
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
BEGIN DATE [Received Date]:
Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]: Griffith Lakes Phase 2a
2. Work Type:
Private
Institutional
Government
3. Project Description / Purpose [PCN Form B3d and B3e]:
NWP 14 request for phase 2a of a residential development
Commercial
4. Property Owner / Applicant [PCN Form A3 or A4]:
Toll Brothers Inc
5. Agent / Consultant [PCN Form A5 - or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form Bib]:
35.3273, -80.8222
South of West W.T. Harris Blvd and Old Statesville Road, Charlotte, NC
8. Project Location - Tax Parcel ID [PCN Form B1a]: Phase 2a: 04324101 (partial), 04306202 (partial)
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 B2a]: Mallard Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Rocky (03040105)
Authorization: Section 10
Regulatory Action Type:
Standard Permit
Nationwide Permit # 14
n Regional General Permit #
n Jurisdictional Determination Request
Section 404
Section 10 & 404
Pre -Application Request
Unauthorized Activity
n Compliance
No Permit Required
Revised 20150602

Gmail
Pre -Filing Meeting Request- Griffith Lakes Phase 2a
10 messages
Amber Lipsky <[e-mail]>
To: "Perez, Douglas J" <[e-mail]>
Cc: Daniel Kuefler <[e-mail]>
Please see below/attached for our Pre -Filing information.
Amber Lipsky <[e-mail]>
Mon, Apr 18, 2022 at 3:08 PM
Contact Name: Daniel Kuefler
Contact Email Address: [e-mail]
Project Owner: Toll Brothers, Inc
Project Name: Griffith Lakes Phase 2a
Project County: Mecklenburg
Owner Address: 14529 Grand Palisades Parkway, Charlotte, NC 28278
Transportation Project: No
Type(s) of approval sought from the DWR: 401 Water Quality Certification (Regular)
Does this project have an existing project ID#?: No
Do you know the name of the staff member you would like to request a meeting with?: Doug Perez
Please give a brief project description below and include location information.: The site is almost entirely covered with disturbed successional woods on
slopes and stream corridors laced with gravel and dirt roads and trails. There are subdivisions to the north, east, and south with commercial properties buffering the
property from US HWY 77 to the west. Two stream crossings are proposed.
Please let me know if you have any questions or need more information!
Best,
Amber
Amber Lipsky
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetlands-epg.com
401.339.4292
7. Griffith Lakes Typical maps.pdf
1726K
Amber Lipsky <[e-mail]> Thu, May 12, 2022 at 10:13 AM

WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
May 13, 2022
Assigned Project Manager
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Douglas Perez
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wojoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Subject: SAW-2019-01091; Pre -Construction Notification for NWP #14 for the Griffith
Lakes Phase 2a site in Charlotte, Mecklenburg County, North Carolina
USACE Assigned Project Manager, Messrs. Perez, Wojoski, and Hamstead,
Enclosed is a request for Nationwide Permit #14 for Phase 2a of the Griffith Lakes site on 399
acres located south of W W.T. Harris Boulevard and east of Old Statesville Road in Charlotte,
NC. The site is a proposed residential development and consists of 12 streams, 15 wetlands, and
three open water ponds. The site was field verified by NCDEQ in May 2019 and by the USACE
in September 2019 and a PJD was issued in February 2020. A NWP #29 was issued for Phase 1
of this development in October 2020 and included 240 linear feet (0.039AC) of permanent
stream impacts. A copy of the DMS receipt for these impacts is enclosed. Please refer to the
Approvals section for information on onsite surface waters.
Charlotte Office:
106 12-D Providence Rd,
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetlands-epg.com
1
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite I D, PMB 283
Asheville, NC 28805

WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Phase 2a is a NWP #14 for road crossings required for an access road and amenity center. As
shown on the attached exhibits, the proposed project will include permanent impacts to one
stream and two wetlands for 2 road crossings and minor grading. Total permanent impacts
proposed for this phase include 117 linear feet (0.01 acres) of stream impacts (Stream L) and
0.0231 acres of wetland impacts (Wetlands G and 0). These impacts were unavoidable due to
roadway access and connectivity requirements. A roadway connection between Phase 1 and 2a is
contingent upon a dam safety review.
Overall impacts to site 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. Roadway crossings were narrowed to the
greatest extent possible while meeting local roadway design requirements. The applicant has
demonstrated substantial avoidance and minimization efforts in which 86.8% of the 7,267 linear
feet of onsite streams and 97.5% of the 0.914 acres of onsite wetlands will be avoided.
Efforts of impact minimization were implemented during the design to preserve the
existing hydrology and limit adverse effects to existing, onsite natural habitat. The culverts have
been designed with headwalls as close to the sidewalks as possible to minimize impacts and 2:1
slopes were used where possible. Connectivity requirements and the amenity center mandated
the proposed roadway alignment. The applicant has demonstrated substantial avoidance and
minimization efforts in which, at this time, 95.8% of the 8,562 linear feet of streams and 99% of
the 26.784 acres of wetlands onsite will be avoided across the site as a whole.
To compensate for the anticipated permanent impacts to onsite streams, the applicant is
proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at
a 2:1 ratio.
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. This report has been submitted to Fish & Wildlife Services 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 [e-mail].
Sincerely,
Daniel Kuefler, PWS
Environmental Scientist
I .
Len Rindner, PWS
Principal
Charlotte Office:
06 12-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetlands-epg.com
2
Asheville Office:
1070 Tunnel Rd., Bldg. 1
Suite 10, PMB 283
Asheville, NC 28805

Permit Application
Permit Application

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:
❑ Section 10 Permit
X Section 404 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes X No
1 d. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
X 401 Water Quality Certification
❑ 401 Water Quality Certification
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
For the record only for Corps Permit:
❑ Yes X No
❑ Yes X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
X Yes ❑ No
1 g. 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:
Griffith Lakes Phase 2a
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:
Harris Woods LLC
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
James Griffith
3d. Street address:
1944 Brunswick Ave Ste 2A
3e. City, state, zip:
Charlotte, NC 28207
3f. Telephone no.:
[phone]
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent X Other, specify: Developer
4b. Name:
Dan Rossi
4c. Business name
(if applicable):
Toll Brothers Inc
4d. Street address:
14529 Grand Palisades Parkway
4e. City, state, zip:
Charlotte, NC 28278
4f. Telephone no.:
[phone]
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Daniel Kuefler
5b. Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c. Street address:
10612-D Providence Road, PMB 550
5d. City, state, zip:
Charlotte, NC 28277
5e. Telephone no.:
[phone]
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
04324101, 04306202,04306209, 04323294
1 b. Site coordinates (in decimal degrees): Latitude: 35.3273 Longitude: -80.8222
lc. Property size:
399 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Mallard Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Upper Rocky River (03040105)
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 almost entirely covered with disturbed successional woods on slopes and stream corridors laced with gravel and dirt roads and trails. There
are subdivisions to the north, east, and south with commercial properties buffering the property from US HWY 77 to the west.
3b. List the total estimated acreage of all existing wetlands on the property: 26.784
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,562
3d. Explain the purpose of the proposed project:
Phase 2a is an application for 2 crossings for an access road&amenity center. A roadway between phase 1 &2a is contingent upon a dam safety review
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
X Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
X Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPT
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This site's JD was field verified by D. Shaeffer (USACE) on 2/6/20 and the NWP application was verified by Bryan Roden -Reynolds (USACE) on
10/15/20 and Alan Johnson (NCDEQ) on 12/3/20. A copy of the signed JD and Phase 1 NWP approval is included in the Approvals section.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
SAW-2019-01090/DWR#20-1208 authorized the permanent stream impacts of 240 LF/0.039AC to facilitate the construction of a residential developme
6. Future Project Plans
6a. Is this a phased project?
X Yes ❑ No
6b. If yes, explain.
The project is a residential development being built in phases. Additional NWP applications will be submitted for subsequent phases.
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):
❑ Buffers ❑ Open Waters ❑ Pond Construction
X Wetlands X Streams — tributaries
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
Culvert
Bottomland Hardwood Forest
Yes
Corps
0.2
W2 T
Construction Access
Bottomland Hardwood Forest
Yes
Corps
0.02
W3 P
Rip Rap
Bottomland Hardwood Forest
Yes
Corps
0.027
W4 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.004
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.251
2h. Comments:
W1&2&3: Wetland G for roadway, grading, stabilization
W4: Wetland 0 for roadway grading
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
Stream L
INT
Corps
4
117
S2 T
Stabilization
Stream L
INT
Corps
4
21
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
138
3i. Comments:
S1- 0.01 AC
S2- 0.004 AC. Riprap will be placed at pre-existing elevations as a permanent no -loss impact.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
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
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
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
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Phase 2a includes 2 crossings required for an access road and amenity center. Efforts of minimization were implemented to preserve the existing
hydrology and limit adverse effects to existing natural habitat. The culverts have been designed with headwalls as close to the sidewalks as possible to
minimize impacts and 2:1 slopes were used where possible. Connectivity requirements and the amenity center mandated the proposed roadway
alignment. The applicant has demonstrated avoidance and minimization efforts by avoiding 95.8% of streams and 99% wetlands for the whole site.
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?
No
X Yes ❑
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ X Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
fee program
Mitigation
X Payment to in -lieu
❑ Permittee Responsible
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
X Yes
4b. Stream mitigation requested:
117 linear feet
4c. If using stream mitigation, stream temperature:
warm
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.231 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes X No
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?
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 City of Charlotte
but will be designed to meet their criteria.
2e. Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
City of Charlotte
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
X Phase II
NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes X No
4. DWQ Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
Coastal counties
❑ HQW
❑ORW
❑Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes X No
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)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
❑ Yes X No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑ Yes ❑ No
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
❑ Yes ❑ No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
❑Yes X No
2b. Is this an after -the -fact permit application?
❑Yes X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
X Yes ❑ No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
A roadway connection between Phase 1 and 2a is contingent upon a dam safety review. The future addition of more lots to the remain project area is
still being planned. All future phases have been carefully planned to stay within NWP thresholds.
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
habitat?
❑ Yes
X No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ No
X Yes
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. This 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 habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes
X No
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/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes
X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://polaris3g.mecklenburgcountync.gov/
Daniel Kuefler
Applicant/Agent's Printed Name
J
05-13-2022
Date
pplicant/ gent's S'gnature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

WLPG
Wetlands and Environmental Planning Group Leonard 5. 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:
Property Address:
Griffith Lakes
NE of intersection of Pete Brown Rd & Old Statesville Rd, Charlotte, NC
Parcel Identification Number (PIN): Q¢306202
Select one: I am an interested buyer/seller
Name:
Dan Rossi
Company: Toll Brothers Inc
Mailing Address:
14529 Grand Palisades Parkway Charlotte, NC 28278
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
* The Interested Buyer/Other acknowledges that an agreernent 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:
I06I2-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
len.ri nd ner @wetia n ds-epg. co m
www.wetlands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg.
Suite 10, PMB 283
Asheville, NC 28805

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
NORTH CAROLINA
Director Environmental Quality
May 12, 2022
Dan Rossi
Toll Brothers, Inc
14529 Grand Palisades Parkway
Charlotte, NC 28277
Expiration of Acceptance: 11/12/2022
Project: Griffith Lakes Phase 2a County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Yadkin
03040105
Riparian Wetland
0.231
Yadkin
03040105
Warm Stream
357
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: Amber Lipsky, agent
fD,E CV„)
RC TH CAPOI IRA
Ekomehrw,IefExikersre.ta,Na•a Y
Sincerely,
Atteit.ituva
FOR James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

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1} k f •. y�•� . -''' '''''''..\, . .-.-9--1 ; g k 1 i R 7 �`.yJ }
_ I MALLARD S -.�� L {••jam
� -- rF * ' .......li c- ''. �:? :` CREEK 1, ▪ ■ti. ', I } r} - f} •_. . . _
• ▪ * I
LOCATION SCALE *'+ }J '' < . ** J ,4 � 1
Lat: 35.3273 2N � ,, rM; �,` '#1
1:24,000 `., , N •
Long: -80.8222 2W r 4 r ►
• HUC: 03040105 ACRES USGS QUAD I �'. - •; ,. W`�vr E
Derita NC + 1 • 4k r
UPPER ROCKY RIVER 399 , . '1 , - $
-- • ��' 1 11 I x- 'L :x� y I I . • i.kLar: 1.5dPrf3fi: VP age71" I eu
Acres: GRIFFITH LAKES-PHASE 2A Prepared for: , ■
+/-399 MecklenburgCo., C Toll Brothers
o., Wetlands and Environmental Planning Group
FIGURE — • and S.Rindner, PLLC.
3 05/01/19 USGS MAP Drawn By: Reviewed By:
UPDATED [e-mail]
3/21/22 Subject to USACE/NCDEQ verification N RN LSR [phone]
epg.com

FIGURE
4a
Acres:
+/- 399
GRIFFITH LAKES -PHASE 2A
Mecklenburg Co., NC
Prepared for:
Toll Brothers
2/26/19
UPDATED
3/21/22
NRCS PUBLISHED SOILS MAP
Subject to USACE/NCDEQ verification
Drawn By:
NRN
Reviewed By:
LSR
■
Wetlands and Environmental Planning Group
and S. Rindner, PLLC.
[e-mail]
[phone]
epg.com

Sal Map--1M1eckdenbug Coranty. Nash Cadlna
Map Unit Legend
Map Unit Symbol
Map Unit Nam
Aa-es in AOI
Percent of A01
Ce62
Cecil sandy clay loam 2 to B
percent slEpes, maderaiely
efaded
1E2r•
-- :-_
CeD2
Cecil sarrfy day barn 8 to 15
Percerrt slEpm, moderately
eroded
4E 5
• '
DaB
Dauidsan sandy clay barn. 2 to
8 peroerrt slopes
0_5
-I':
EnB
alai sandy loam, 2 t3 8
Fprcerrt slopes
03
1.5%.
E: I7
Enai sandy loam, 8 to 15
percent slEpes
10_0
4_61.
HeE
Helena sandy loam, 2 to 8
Fercerrt sic
5.0
.- _
Mee
MeoldenbLrgfine sandy oar-
2 to 8 Fervent slopes
502
: -__
MeC
Mecidenbtrg fine sandy kern
8 to 15 percent skims
20.8
_ -_
Ma
Monacan barn, CI t3 2 percent
slaves, frequently lico:ed
21.8
- _ _
PaE
Paaolet sandy ham: 16 tc `i
perterrt slopes
20..8
_
1taB
Vance sandy hail.2 77 E
Pen:2rrt slopes
0.4
_ _
VW
Water
242
_
VVk13
lirlflkesloam a to 8 perm!
0.4
= • -_
4VIt[]
',Mikes kern. 8 to 15 percent
:...
_
Totals for Area or Interest
! 2
1: 0':
FIGURE
4b
Acres:
+/- 399
GRIFFITH LAKES -PHASE 2A
Mecklenburg Co., NC
Prepared for:
Toll Brothers
2/26/19
UPDATED
3/21/22
NRCS PUBLISHED SOILS MAP LEGEND
Subject to USACE/NCDEQ verification
Drawn By: Reviewed By:
NRN LSR
■
Wetlands and Environmental Planning Group
and S. Rindner, PLLC.
[e-mail]
[phone]
epg.com

PHASE 2A
Parcel: 04306209
Harris Woods LLC
1944 Brunswick Ave Ste 2A
Charlotte NC 28207
FIGURE
5
Acres:
+/- 399
05/01/19
UPDATED
3/21/22
Parcel: 04306202
Harris Woods LLC
1944 Brunswick Ave Ste 2A
Charlotte NC 28207
GRIFFITH LAKES -PHASE 2A
Mecklenburg Co., NC
TAX PARCEL MAP
Subject to USACE/NCDEQ verification
Parcel: 04323294
Harris Woods LLC
1944 Brunswick Ave Ste 2A
Charlotte NC 28207
PHASE
BOUNDA
a4 gd,ereek
T „�llll!! .rHilli�:*Apr rr
wet+,igipot,1#0111filliin f
4
PROJECT BOUNDARY
STUDY LIMITS
Parcel: 04324101
Harris Woods LLC
1944 Brunswick Ave Ste 2A
Charlotte NC 28207
Prepared for:
Toll Brothers
Drawn By:
DCK
Reviewed By:
LSR
It
■
L.=
— II
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
[e-mail]
[phone]
iiimikePg

USACE
UPLAND
DP1 w-
L� l'
Wetlands and Environment
Leonard 5. Rindner, PLLC.
[e-mail]
[phone]
www.wetiands-opg.com
For study purposes only - Subject to USACE/NCDEQ verification
LEGEND
Project boundary study limits.
Stream
Wetland
Landscape photo direction

Sheet List Table
Sheet Number Sheet Title
1 EXISTING CONDITIONS - ALL PHASES
2 OVERALL SITE PLAN
3 CROSSING C - PLAN
4 CROSSING C - CROSS SECTION
5 CROSSING C - PROFILE
6 CROSSING D - PLAN
7 CROSSING D - CROSS SECTION
8
•
11
WETLAND F
0.01 AC
INTERMITTENT STREAM E
270 LF
WETLAND D
CROSSING E - PLAN 4.33 AC
9 CROSSING E - CROSS SECTION
10 CROSSING E - PROFILE
WETLAND B
0.24 AC
OPEN WATER POND A.
5.24 AC
l
WETLAND P/PP
0.48 AC
300' 0' 300' 600'
SCALE: I " = 600'
WETLAND H
0.01 AC
INTERMITTENT STREAM I
121 LF
WETLAND J
0.02 AC
WETLAND M
0.03 AC
WETLAND 0
0.004 AC—N....N.1/4.
1200'
OPEN WATER POND C
4.16 AC
PERENNIAL STREAM K
264 LF
OPEN WATER POND N
18.31 AC
INTERMITTENT STREAM L
1227 LF
INTERMITTENT STREAM MS
377 LF
WETLAND AW
0.03 AC
0.29 AC
WETLAND G
19.98 AC
Ia:16y*►a
WETLAND V
0.10 AC
WETLAND T
\ MALLARD CREEK
2,236 LF
WETLAND Q
0.19 AC
WETLAND R/RR
0.77 AC
PERENNIAL STREAM X
2,434 LF
INTERMITTENT STREAM W
791 LF
INTERMITTENT STREAM U
82 LF
PERENNIAL STREAM S
159 LF
W.W.T. HARRIS BLVD.
INTERMITTENT STREAM Y
418 LF
INTERMITTENT STREAM AAA
183 LF
WETLAND Z/ZZ/ZZZ
`, 0.30 AC
,\
APPLICATION TRACKING NUMBER:
Q
•
EXISTING CONDITIONS - ALL PHASES
Date: 03.08.2022
Scale: 1" = 600'

PROJECT BOUNDARY (TYP)
PROP. CULVERT CROSSING C
0.20 AC PERMANENT WETLAND IMPACT
0.02 TEMPORARY WETLAND IMPACT
SEE SHEETS 3-5
PROP CULVERT D
NO IMPACT. SEE SHEETS 6-7
FUTURE DEVELOPMENT
BY OTHERS
BORED WATER/SEWER
CROSSINGS TO SERVE
AMENITY (NO IMPACT)
FUTURE DEVELOPMENT BY /
OTHERS
PROP. CULVERT CROSSING E
117 LF PERMANENT STREAM IMPACT (0.01 AC)
21 LF NO -LOSS PERMANENT STREAM IMPACT
SEE SHEETS 8-10
WATER TAP
300' 0' 300' 600' 1200'
SCALE: I " = 600'
AMENITY AREA
BMP (TYP)
PROP. WETLAND 0 IMPACT (0.004 AC)
SEE SHEET 11
PHASE 3
CULVERT CROSSING A (DWR# 20-1208)
130 LF OF PERMANENT STREAM IMPACT (0.018 AC)
20 LF OF TEMPORARY STREAM IMPACT
(PERMITTED AND INSTALLED UNDER'
SAW-2019-01090 ON 10/15/2021)
%-_
W.W.T. HARRIS BLVD.
CULVERT CROSSING F (DWR# 20-1208)
110 LF OF PERMANENT STREAM IMPACT (0.021 AC)
20 LF OF TEMPORARY STREAM IMPACT (PERMITTED
AND INSTALLED UNDER SAW-2019-01090 ON
10/15/2021)
APPLICATION TRACKING NUMBER:
N
0-
V)
LL
Q Z
J
W
F— • ~
LJ J
LL
ce—
C� c.)
Z
0
m
J
J
0
OVERALL SITE PLAN
03.08.2022
0
Scale: 1" = 600'

PROP 0.01 AC.
TEMPORARY
CONSTRUCTION IMPACTS
TOTAL PERMANENT IMPACTS: 0.20 AC.
TOTAL TEMPORARY IMPACTS: 0.02 AC.
15' 0' 15' 30'
SCALE: I " = 30'
PROP. 12" WM
0.20 AC. PERMANENT IMPACTS
K2-HW CUSTOM
72" INV IN: 768.96 (K1-HW)
\PROP. RIP RAP APRON
37'WX32'L
0.027 AC. PERMANENT IMPACTS
////g/
PROP 0.01 AC. I
TEMPORARY
CONSTRUCTION IMPACTS
I //
<-9��i
2i ': )
PROP. BMP

PROP. C'4/FFITH LAKE PKWY CROSS SECTION (CROSSING C)
PROPOSED GROUND CL
EXISTING GROUND CL
790
785
780
775
770
765
760
20' 0' 20' 40' 80'
SCALE: I " = 40' H, I " =4' V
STORM LINE CULVERT C
U
}
1�
Y
Ct
1a
W
wY
Q
12"
PVC Pipe
INV:
778.97
rr
PROP. RETAINING
WALL
-�
(SDP-62)
RETAINING
WALL
PROP.
•••
�-
.r
•
�
I
CONTRACTOR TO BURY PROP. -
•111/�
_ �
BOX
CULVERT A
INV
MIN. 1' DEEP.
INV IN = 769.41
OUT = 768.96
114 LF 6 x6' CONCRETE
BOX CULVERT @ 0.39%
+
is "1 "=4U
V:1"=4'
+
2+
790
785
780
775
770
765
APPLICATION TRACKING NUMBER:
U
•
z
r>
Z
0
cc
J
J
0
H
CROSSING C - CROSS SECTION
Date: 03.08.2022
Scale: 1 "=40'
Project #: 1018334

795
795
20'
0' 20' 40' 80'
SCALE: I " = 40' H, I " = 4' V
790
790
Date: 03.08.2022 GRIFFITH LAKES PH2A
Scale: 1"=40' CHARLOTTE, NC
Project#: 1018334 TOLL BROS, INC.
Sheet #:
5 OF I 1 CROSSING C - PROFILE
ROP. GRADE
785
\
785
/
\
/
780
\
EX. GRADE
780
\
/
\
/
��
/
775
775
\
\
114
LF 6'x6' CONCRETE
BOX
CULVERT
@ 0.39%
770
770
(SDP-62)
PROP. GRIFFITH LAKE PROFILE - CROSSING C
PROPOSED GROUND CL
EXISTING GROUND CL
CONTRACTOR TO
BURY PROP.
EXISTING GROUND LEFT
BOX CULVERT A MIN. 1' DEEP.
EXISTING GROUND RIGHT
INV IN = 769.41
INV
OUT = 768.96
765 w
765
m
2
D
Z
0
Z
Y
U
Q
1-
H
Z
P
760 4+00 ", - 5+00 6+00 760 U
H:1 =40
V:1=4 0
CL U
CL Q ¢ c/)

/
TOTAL PERMANENT IMPACTS: NO IMPACTS
TOTAL TEMPORARY IMPACTS: NO IMPACTS
15' 0' 15' 30'
SCALE: I " = 30'
i
K3-JB (4'x4' JUNCTION NCDOT STD #840.31)
RIM: 785.75
36" INV OUT: 776.85 (K4-HW)
60'
/'\
4/1/
ttWi
PROP. ,10 LF 36" RCP
NROAD OVER OISWALE
IMPACTS
_7'/
\)/
2/ ///
7
/// z
� J -
1' ", — i
I 1 %V
\- - / r\\-
/ / )\10 , N I (�j
�,
_z 7
K4-HW NCDOT STD #838.80
7
WETLAND J
(0.02 AC)
7
INTERMITTENT STREAM I
(121 LF)
PROP. RIP RAP APRON
25'WX22'L
WETLAND M
(0.03 AC)
CULVERT D - PLAN
Date: 03.08.2022
Scale: 1 "=30'
Project #: 1018334
a)
LL
0

20' 0' 20' 40' 80'
SCALE: I" = 40' H, I" = 4' V
795
790
785
780
PROP. GRIFFITH LAKE CROSS SEC77ON (CROSSING D) 775
PROPOSED GROUND CL
EXISTING GROUND CL
EXISTING GROUND LEFT
EXISTING GROUND RIGHT
770
STORM LINE CULVERT D
HW (STA 1+18.27)
780.84I,
IN: 776.50 (SDP-61)
PROP. RETAINING
Win
—I�
•
115 LF
6" RCP 0.30%
@
0+00
H:1 "=40'
V:1"=4'
1 +00
2+00
795
790
785
780
775
APPLICATION TRACKING NUMBER:
•
Z
Fi
z
0
m
J
J
0
CULVERT D - CROSS SECTION
Date: 03.08.2022
Scale: 1 "=40'
Project #: 1018334

7
/`/ // / / r ///
/' - 7 / /
// i
i //
/ fj
/ - -� / - 7
_ / / � ' / / 7
7 /
/ / PROP. 117 LF OF PERMANENTSTREAM
/
//65 LF 6'x3' CONCRETE BOX CULVERT @ 1.95%
�/ Y — / (SDP-59) /
/ /
/ / K5-HW (CUSTOM) /
/ / 72" INV OUT: 790.00 (SDS-203) �—
7
PGl
(
a• QQ
Q
v
el' 49
i
TOTAL PERMANENT IMPACTS: 117 LF
TOTAL NO LOSS PERMANENT IMPACTS: 21 LF
15' 0' 15' 30' 60'
SCALE: I" = 30'
//k
//
IMPACT (0.01 AC.)
/
INTERMITTENT STREAM L111
(1227 LF)
/
/
/ 1 illg-- I
1/I41f)
I i f kliff(
/
54
(S
L
INTERMITTENT STREAM L
(1227 LF)
/
K6-HW (CUSTOM) /
72" INV IN: 787.69 (SDS-203)
PROP. 21 LF OF PERMANENT / NO LOSS
STREAM IMPACT (0.00 AC.)
PROP. RIP RAP APRON
25'WX22'L
-60)
6'x3' CONCRETE BOX CULVERT @ 1.95% / /
// 7 / /
J ,///
/ '
PROP. WM / / / / / J
/// /) ( / f
( r / / / ,
/ J'//iJ
/-- I I
7
PROP.BMP//
/
7/
/
CROSSING E - PLAN
Date: 03.08.2022
Scale: 1 "=30'
Project #: 1018334
LL
0
CO

PROP. GRIFFITH LAKE PKWY CROSS SEC77ON (CROSSING E)
PROPOSED GROUND CL
EXISTING GROUND CL
805
800
795
790
785
780
20' 0' 20' 40' 80'
SCALE: I" = 40' H, I" =4' V
STORM LINE CULVERT E
J
U
}
Q
rY
Q
d
co
w
J
1—
LL
LL
E
12" PVC Pipe
I N V:
793.02
PROP. RETAINING
WALL
(SDp_gg)
—_
RETAINING
WALL
PROP.
CONTRACTOR TO BURY PROP.
BOX CULVERT A MIN. 1' DEEP
\
INV IN = 790.00
INV OUT = 787.69 1
—I�
19
LF 6'x3' CONC R
rE eo
'
�I
►
►...-
:":a'C�A
"�
X CULVE RT @ 1.95%
0+00
H:1 "=40'
V:1"=4'
1 +00
2+00
805
800
795
790
785
APPLICATION TRACKING NUMBER:
•
Z
Z
0)
0
cc
m
J
J
0
H
CROSSING E - CROSS SECTION
Date: 03.08.2022
Scale: 1 "=40'
Project #: 1018334

20' 0' 20' 40' 80'
SCALE: I " = 40' H, I " = 4' V
805
800
795
790
785
780
PROP. GRADE
65 LF 6'x3' CONCRETE BOX CULVERT @ 1.95%
(SDP-59)
CONTRACTOR TO BURY PROP.
BOX CULVERT A MIN. 1' DEEP.
INV IN = 790.00
INV OUT = 787.69
\\— EX. GRADE
PROP. GRIFFITH LAKE PKWY PROFILE - CROSSING E
PROPOSED GROUND CL
EXISTING GROUND CL
EXISTING GROUND LEFT
EXISTING GROUND RIGHT
21+00 H:1"=40' 22+00
V:1"=4'
805
800
795
790
785
23+00780
APPLICATION TRACKING NUMBER:
U
•
N
0-
(1)
w
Z Z
J -
I-Oc
LL J m
LL
� oo
CROSSING E - PROFILE
Date: 03.08.2022
Scale: 1 "=40'
Project #: 1018334

2
2
TOTAL PERMANENT IMPACTS: 0.004 AC
15'
0' 15' 30'
SCALE: I " = 30'
60'
7/
J
/
X
7
/
/
/
1
PROP. PERMANENT
WETLAND 0 IMPACT
(0.004 AC)
2
U
7
CROSSING O - PLAN
Date: 03.08.2022
Scale: 1 "=30'
Project #: 1018334
L
0

Approvals

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01091 County: Mecklenburg U.S.G.S. Quad: NC- Derita
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Toll Brothers
Kevin Kernahan
100 Willow Brook Road, Suite 200
Freehold, NJ 07728
732-272-0528
kkernahan(a,tollbrothers. com
Nearest Town Charlotte
River Basin Upper Pee Dee
Coordinates Latitude: 35.3273
Longitude: -80.8222
Location description: The review area is located directly south of the intersection of West W.T. Harris Boulevard and Davis
Lake Parkway. PINs: 04306202, 04323294, 04324101, 04306209.
399
Mallard Creek
03040105
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 9/20/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

SAW-2019-01091
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or
david.l.shaeffer(a)usace.army. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2/6/2020.
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)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit anRFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
SHAEFF ER.DAVI D.LEIG H.1260750573
Date: 2020.02.06 11:58:25 -05'00'
Corps Regulatory Official:
Date of JD: 2/6/2020 Expiration Date of JD: Not applicable

SAW-2019-01091
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: Leonard S. Rindner, PLLC, WEPG
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(a�wetlands-epg.com

L NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Toll Brothers, Kevin Kernahan File Number: SAW-2019-01091Date: 2/6/2020
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑ PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
0 PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
of the above decision.
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
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
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
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
to the Corps regarding the
.ID (which may be appealed),
for further consideration by the
by contacting the Corps district for further instruction. Also you may provide new information
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMI 1
REASONS FOR APPEAL OR OBJECTIONS: (Describe your
proffered permit in clear concise statements. You may attach
objections are addressed in the administrative record.)
reasons for appealing the decision or your objections to an initial
additional information to this form to clarify where your reasons or
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
review of the administrative record,
the Corps memorandum for the
officer has determined is needed to
or analyses to the record.
is already in the administrative
information that the review
Corps may add new information
the location of information that
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David L. Shaeffer
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
If you only have questions regarding
also contact:
Mr. Phillip Shannin, Administrative
the appeal process you may
Appeal Review Officer
South Atlantic Division
CESAD-PDO
U.S. Army Corps of Engineers,
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 2/6/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Toll Brothers, Kevin Kernahan, 100 Willow
Brook Road, Suite 200, Freehold, NJ 07728
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Griffith Lakes Site, SAW-2019-
01091
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located directly south of
the intersection of West W.T. Harris Boulevard and Davis Lake Parkway. PINs: 04306202, 04323294, 04324101,
04306209.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3273 Longitude: -80.8222
Universal Transverse Mercator:
Name of nearest waterbody: Mallard Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
El Office (Desk) Determination. Date:
® Field Determination. Date(s): 9/20/2019 by the Corps
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic resources
in review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non -
wetland waters)
Geographic
authority to
which the aquatic
resource "may
be„ subject (i.e.,
Section 404 or
Section 10/404)
Intermittent Stream E
35.33150000
-80.82010000
270
Non -wetland
404
Perennial Stream X
35.33180000
-80.81140000
2,432
Non -wetland
404
Wetland F
35.33140000
-80.82030000
0.002
Wetland
404
Wetland D
35.33070000
-80.82020000
4.33
Wetland
404
Wetland B
35.32920000
-80.82390000
5.241
Wetland
404
Intermittent Stream Y
35.32950000
-80.80970000
385
Non -wetland
404
Perennial Stream K
35.32370000
-80.82280000
265
Non -wetland
404
Wetland H
35.32720000
-80.82240000
0.005
Wetland
404
Intermittent Stream I
35.32580000
-80.82200000
121
Non -Wetland
404
Wetland J
35.32580000
-80.22330000
0.01
Wetland
404
Wetland G
35.32710000
-80.82140000
19.98
Wetland
404
Intermittent Stream L
35.32310000
-80.82440000
1228
Non -Wetland
404
Wetland M
35.32550000
-80.82200000
0.029
Wetland
404
Wetland P/PP
35.32310000
-80.82480000
0.4
Wetland
404
Wetland Q
35.32090000
-80.81620000
0.019
Wetland
404
Wetland R/RR
35.32040000
-80.81580000
0.77
Wetland
404
Wetland 0
35.32370000
-80.82280000
0.01
Wetland
404
Wetland V
35.32580000
-80.81510000
0.104
Wetland
404
Int Stream W
35.32740000
-80.81340000
791
Non -Wetland
404
Wetland T
35.32430000
-80.81530000
0.288
Wetland
404

Site Number
Latitude
(decimal
degrees
rees) )
Longitude
(decimal
degrees)
g )
Estimated
amount of
aquatic resources
in review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non -
wetland waters)
Geographic
authority to
which the aquatic
„
resource may
be subject (i.e.,
Section 404 or
Section 10/404)
Perennial Stream S
35.32460000
-80.81530000
159
Non -Wetland
404
Intermittent Stream U
35.32560000
-80.81510000
82
Non -Wetland
404
Wetland Z/ZZ/ZZZ
35.33080000
-80.80970000
0.514
Wetland
404
Intermittent Stream AAA
35.38300000
-80.61990000
183
Non -Wetland
404
Open Water Pond A
35.32790000
-80.82370000
4.38
Non -Wetland
404
Open Water Pond C
35.32910000
-80.82010000
3.42
Non -Wetland
404
Open Water Pond N
35.32580000
-80.81910000
14.22
Non -Wetland
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 6 dated 9/20/2019
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
El Office does not concur with data sheets/delineation report. Rationale:
111 Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas: Nationalmap.gov
® USGS NHD data.
® USGS 8 and 12 digit HUC maps.
El U.S. Geological Survey map(s). Cite scale & quad name -
El Natural Resources Conservation Service Soil Survey ESRI USA Soils Mapservice.
® USFWS National wetlands inventory mapservice.
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ❑Aerial (Name & Date):
or ®Other (Name & Date): Photos 1-12 dated 3/28/2019 and 4/2/2019
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by
SHAEFFER.DAVID.LEIGH.126
0750573
Date: 2020.02.06 11:58:49
-05'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
2/6/2020 (REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an
action.

•
USACE
UPLAND r'•'
DP1
-r-
Wetlands and Environmental'
Leonard 5. Rindner. PLLC.
[e-mail]
[phone]
www.wetlands-epg.com
For study purposes only - Subject to USACE/NCDEQ verification
LEGEND
Project boundary study limits

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01091 County: Mecklenburg U.S.G.S. Quad: NC-Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
Toll Brothers, Inc.
Dan Rossi
14529 Grand Palisades Parkway
Charlotte, NC 28278
704-430-9392
[e-mail]
Nearest Town Charlotte
River Basin Upper Pee Dee
Coordinates Latitude: 35.3273
Longitude: -80.8222
Location description: The review area is located directly south of the intersection of West W.T. Harris Boulevard and Davis
Lake Parkway. PINs: 04306202, 04323294, 04324101, and 04306209. Reference review area description shown in Pre -
Construction Notification entitled "Figure 1, Vicinity Map" and Dated 09/24/2020.
399
Mallard Creek
03040105
Description of projects area and activity: This verification authorizes the permanent stream impacts of 240 linear feet along with
temporary stream and wetlands impacts of 40 linear feet and 0.002 acres, respectively, to facilitate the construction of a
residential development. These impacts are associated with only Phase 1 of the multi -phase residential development. All future
impacts associated with additional phases of the residential development will be considered cumulative with Phase 1 permitted
impacts. All temporary stream and wetland impacts will be restored to pre-existing conditions after the completion of
construction.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: 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 10/14/2020, and the enclosed plans Existing Conditions — All Phases, Sheets 1-10
dated 9/1/2020. 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 permit's 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].
Digitally signed by RODEN
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: Date 2020.10.15 11:56:58 -04'00' Date: 10/15/2020
Expiration Date of Verification: 03/18/2022
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, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: [e-mail]

SAW-2019-01091
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
b. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined
with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory
mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of
the U.S., are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Compensatory Mitigation Responsibility Transfer Form
Permittee: Toll Brothers, Inc., Dan Rossi Action ID: SAW-2019-01091
Project Name: Griffith Lakes County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
240
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements:
8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
480
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

. STATE a.
ROY COOPER
Governor y � 111
MICHAEL S.REGAN
Secretory *41,Nomivitle"
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 3, 2020
DWR# 20-1208
Mecklenburg County
Mr. Dan Rossi
Toll Brothers, Inc.
14529 Grand Palisades Parkway
Charlotte, NC 28277
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Griffith Lakes Phase I Project
Dear Mr. Rossi:
You have our approval, in accordance with the General Certification and those conditions listed below,
for the purpose proposed in your application dated October 26, 2020, and received by the Division of Water
Resources (the Division) on October 26, 2020, and subsequent information on November 20, 2020. These
impacts are covered by the attached Water Quality General Certification Number 4139. This certification is
associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of
Engineers (COE). In addition, these impacts are covered by the attached Isolated and Other Non-404
Jurisdictional Wetlands and Waters General Permit/ Buffer Rules and the conditions listed below. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. The Division has determined that the proposed project will comply with
the water quality requirements provide that you adhere to the conditions listed in the certification and the
additional condition listed below.
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project, you must
notify the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)].
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced. 15A NCAC 02H .0502 (e)
2. Approved Impacts, no other impacts including incidental impacts are approved:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream (culvert) 40 linear ft. _ 240 linear ft. _
Wetland (BLHD) 0.02 acre 0 acre
�
-.��vvv,��JJJ North Carolina Department of Environmental Quality I Division of Water Resources
vOry rN Cx:40:.irn Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704.663.1699

3. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A
NCAC 02H .0506 (b)(3) and (c)(3)
5. Stormwater Management: Please provide documentation showing that water quality from the
development will not be impaired. A storm water management plan in lieu of such documentation is
acceptable if approved by a delegated or state authority. 15A NCAC 02H .0506(b), 15A NCAC 02H
.0507(c), 15A NCAC 2H .1000
6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or
erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
7. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
8. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [including but not limited to sediment impacts, and any
violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time the
applicant becomes aware of the circumstances. The written submission shall contain a description of
the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case-by-case basis. 15A NCAC 02B .0200
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are
set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms
may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and
15A NCAC 02H .0500. Please contact Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.

Sincerely,
c—DocuSigned by:
A4.4t4V H �+Zr•c� for
F161FB69A2D84A3...
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Len Rinder, Wetlands & Environmental Planning Group, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

0' STATE�FNI
� MpY a.l>3 O 1I,'
r Via;
*fs5C QDAmvo
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
TIM BAUMGARTNER RECEIPT
Director
March 11, 2021
Dan Rossi
Toll Brothers, Inc
14529 Grand Palisades Parkway
Charlotte, NC 28277
Project: Griffith Lakes- Phase 1
County: Mecklenburg
401 permit#: 2020-1208
404 permit#: 2019-01091
DMS ID#: MR-07621
Amount Paid: $268,228.80
Check Number: 01549290
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for
the above-referenced project. This receipt serves as notification that your compensatory mitigation
requirements assigned to DMS associated with the authorized activity as specified below have been satisfied.
You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the
compensatory mitigation requirements indicated below associated with the project permit and agrees to
provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS
is nontransferable. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument
dated July 28, 2010.
Mitigation Location Mitigation Type Credits
Yadkin 03040105 Warm Stream 480
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must
be submitted in accordance with the Division's refund policy. If you have any questions or need additional
information, please contact [e-mail].
Sincerely,
AeliV/i/J/14;Vyi,c,a
FOR Tim Baumgartner
Director
cc: Todd Tugwell, USACE - Raleigh; Bryan Roden-Reynolds, USACE
Daniel Kuefler, agent
E QNORTH CAROLINA
Department al Environmental Want.
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652
919.707.8976

Threatened & Endangered Species
Report

WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Griffith Lakes
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
October 12, 2020
Charlotte Office:
106 12-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetlands-cpg.coni
ANON
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Griffith Lakes site (396.29 acres) is located just east of Hwy 115, Old
Statesville Road, and Henderson Road, and just south of W.T. Harris Blvd. in
Mecklenburg County, North Carolina. It can be found on the Derita USGS
Topographic Quadrangle Map; latitude is 35.3273 N, longitude is 80.8222 W. The
site is almost entirely covered with disturbed successional woods on slopes and
stream corridors. There are three open water ponds on site, and it is laced with
gravel and dirt roads and trails. The topography is gently to moderately sloped
with the elevation ranging from 730 to 830ft. (Figure 1).
Figure 1:
LOCATION
La: 35.3273 2N
Long-80.8222 2W
HIJC:03040105
UP -PER ROCKY RIVER
�� LTiieir� j lmagz.-lay 6e•s
FIGURE 1
f- 396.29
51Q2{29
RIFFITH LAKES
Mecklenburg Co., NC
USGS MAP
5VDJEC[[a VSACEJN @E Q Yenpco n
Pre pa red far:
Drawn By:
NRN
Reviewed ey:
LSR
w•
41-. and nnw-s!md s e py orn
WEPG
2
Leonard S. Rindner, PLLC.
Wetlands and Environmental Planning Group

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 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 weeks of April 22 and May 6, 2019, and October 12, 2020.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on April 22, 2019 ***Updated October 12, 2020
Group Name Status Record Status
Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current
decorata)
Invertebrate Rusty -patched Bumble Bee (Bombus Endangered Historic
affinis)
Vascular Plants Smooth Coneflower (Echinacea Endangered Current
laevigata)
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered Current
schweinitzii)
Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Current
Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential
septentrionalis)
Vertebrate
WEPG
Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald Current
and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - 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.
• Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered,
live in colonies that include a single queen and female workers. Rusty -patched
Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble
bees need areas that provide nectar and pollen from flowers, nesting sites
(underground and abandoned rodent cavities or clumps of grasses), and
overwintering sites for hibernating queens (undisturbed soil).
WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
RESULTS:
The site is almost entirely covered with disturbed successional woods on slopes
and stream corridors. There are three open water ponds on site, and it is laced
with gravel and dirt roads and trails. There is an overhead power line that
parallels the road corridor along Henderson Road, and a large power
transmission line right-of-way traversing the site northeast to southwest. Pines
dominate the uplands and more recently disturbed areas, and hardwoods
become dominant on the slopes and stream corridors.
Some of the largest trees are over 2 ft. in diameter, with the average diameter at
breast height (DBH) at 12". Canopy trees include Loblolly Pine (Pinus taeda),
Shortleaf Pine (P. echinata), Virginia Pine (P. virginiana), White Oak (Quercus
alba), Black Oak (Q. velutina), Southern Red Oak (Q. falcata), Northern Red Oak
(Q. rubra), Willow Oak (Q. phellos), Post Oak (Q. stellata), Mockernut Hickory (C.
tomentosa), Pignut Hickory (C. glabra), Shagbark Hickory (Carya ovata),
Sweetgum (Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera),
Cottonwood (Populus deltoides), and Sycamore (Platanus occidentalis). The
subcanopy contains Sourwood (Oxydendrum arboreum), Umbrella Tree
(Magnolia tripetela), American Beech (Fagus grandifolia), Ironwood (Carpinus
caroliniana), American Holly (Ilex opaca), Red Maple (Acer rubrum), Eastern Red
Cedar (Juniperus virginiana), Flowering Dogwood (Corpus florida), Hackberry
(Celtis laevigata), Redbud (Cercis canadensis), Silverbell (Halesia carolina), Red
Mulberry (Morus rubra), Black Gum (Nyssa sylvatica), Winged Elm (Ulmus alata),
and Black Cherry (Prunus serotina). The shrub layer includes Spicebush
(Lindera benzoin), Blueberry (Vaccinium sp.), Pinxter Azalea (Rhododendron
nudiflorum), Black Haw (Viburnum prunifolium), Autumn Olive (Elaeagnus
umbellata), Paw Paw (Asimina triloba) and Chinese Privet (Ligustrum sinense).
Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper
(Campsis radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine
(Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer is
sparse on the drier uplands and slopes, becoming more dense on the lower
slopes and drainages, and includes Christmas Fern (Polystichum
acrostichoides), Crane -fly Orchid (Tipularia discolor), Spotted Wintergreen
(Chimaphila maculata), Dayflower (Commelina sp.), Grapefern (Botrychium sp.),
River Oats (Chasmanthium latifolium), and Japanese Stiltgrass (Microstegium
vimineum).
The open water ponds have mostly wooded perimeters with transitional wetland
edge habitat dominated by typical wetland vegetation including Sedges (Carex
spp., Cyperus spp., Scirpus spp.), Rushes (Juncus spp.), and Cattails (Typha
latifolia).
The disturbed, open, roadside and power line along Henderson Road, and
transitional open edges are dominated by planted Fescue (Festuca sp.) with
mixed shrubs, vines and herbs that typically occur in this habitat. The large
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
power transmission line right-of-way is somewhat overgrown with small tree
saplings of Pines, Sweet -gum and Tulip Poplar, and shrubs of Blackberry (Rubus
sp.), Russian Olive, Chinese Privet, Smooth Sumac (Rhus glabra), and
Groundsel Tree (Baccharis halimifolia). Herbs present are Johnson Grass
(Sorghum halepense), Plume Grass (Erianthus contortus), Sericea Lespedeza
(Lespedeza cuneata), Pokeweed (Phytolacca americana), Rabbit Tobacco
(Gnapthalium obtusifolium), Tickseed (Coreopsis major), Ragweed (Ambrosia
artemisiifolia), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.),
Asparagus (Asparagus officinalis), Thoroughwort (Eupatorium sp.) and Kudzu
(Pueraria lobata).
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadsides, power line rights -of -way,
transitional areas and woods edges were examined and none of these
species were present.
• There were no Bald Eagle sightings nor were any nesting sites observed.
• 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 previously
identified within this basin. No individuals were observed during the survey
nor would any be expected on -site.
• Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html) it
appears that 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.
• Comparing this site location to the USFWS Range Map for Rusty -patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html)
Mecklenburg County is in it's Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes that Rusty -patched Bumble
Bee is not present.
WEPG
6
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - 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,
4, #
Lisa R. Gaffney
Biologist
October 12, 2020
WEPG
7
Leonard S. Rindner, PLLC.
Wetlands and Environmental Planning Group

Griffith Lakes - 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:
• 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.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
This discovery led (in part) 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.
• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.
WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
Figure 2: VICINTIY MAP
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Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
Figure 3: USGS MAP
LOCAl1ON
Lit: 35.3273 2 N
Long -80.8222 2W
HUC: 03040105
UPPER ROCKY RIVER
FIGURE 3
+/- 396.29
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GRIFFITH LAKES
Mecklenburg Cu, NC
USGS MAP
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Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened /Endangered /Protected Species Evaluation
Figure 4: USDA SOIL MAP
PROJECT BOUNDARY
STUDY LIMITS
FIGURE 4
Acreb;
+7- 396.29
GRIFFITH LAKES
Mecklenburg Co., NC
Prepared for:
2/26/19
NRCS PUBLISHED SOILS MAP
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Drawn By.
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Reviewed By:
LSR
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Wetlands and Environmental Planning Group
Lootwd S. Rndnar, PLLL.
len r!ndnerllwednnds-epg corn
(704) 904-2.277
www.vretlands-epg.cern
WEPG
11
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.

Griffith Lakes - Threatened/Endangered/Protected Species Evaluation
Figure 5: AERIAL MAP
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

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 19, 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 - Cultural Resources Literature Review and Site Visit
Griffith Lakes Development Tract
Charlotte, Mecklenburg County, North Carolina
R.S. Webb & Associates No. 19-649-114
Dear Mr. Rindner:
BACKGROUND
During the week of May 13 and on August 6, 7 and 8, 2019, R.S. Webb & Associates (RSWA)
conducted a cultural resources literature search and site visit for the Griffith Lakes development tract
in Charlotte, Mecklenburg County, North Carolina (Figure 1). A "cultural resource" is defined as
a discrete area of human activity that is more than 50 years old. Cultural resources include, but are
not limited to, archeological sites, historic structures, military earthworks, mines/mining features,
historic cemeteries, historic landscape features, and similar features.
The purpose of the literature search was to determine if previously recorded cultural resources are
located within or adjacent to the project area. The goal of the site visit was to explore the limits of
a known cemetery abutting the project area and to search certain landforms within the study tract
where cemeteries are often found.
METHODOLOGY
Literature and Records Search: Archival sources and background data on the project area were
gathered from the following repositories:
•
•
•
•
North Carolina State Historic Preservation Office (SHPO), Raleigh, North Carolina
State Archives of North Carolina, Raleigh, North Carolina
The North Carolina Historic Preservation Office GIS Web Service (HPOWEB found at
http://gis.ncdcr.gov/hpoweb/)
North Carolina Maps Project, found at http://www2.lib.unc.edu/dc/ncmaps/
North Carolina Office of State Archeology (OSA) records include official files and maps, pertinent
site forms, and manuscript/report files. OSA data from an adjacent study was used to determine the
possible presence/absence of archeological sites within the project area. The National Park Service' s
National Register of Historic Places (NRHP) website was accessed to determine if NRHP-listed
properties are located in the project vicinity. The SHPO's HPOWEB GIS online database is the

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 2
August 19, 2019
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.
The following 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
• 1948 and 1972 Derita, North Carolina 7.5-minute USGS topographic map
• 1938 State Highway Map of Mecklenburg County
• 1961, 1965, 1968 and 1971 aerial photographs of Mecklenburg County
• 1993-2018 Google Earth aerial photography
Site Visit: An archeologist with experience identifying historic cemeteries visited the project area
to: 1) walk the 30-foot perimeter of a known cemetery abutting the project area; and 2) scan
landforms within the project area where cemeteries are most often found such as ridge summits/
crests, knolls and prominent spurs. The archeologist carefully walked and searched each location
shown on Figure 2 for erect/fallen grave markers, grave plot markers/coping, oblong depressions
typical of unmarked graves, historic tree clusters, and surface/shrub-layer plants often found in
cemeteries.
RESULTS
Literature Review
Previous Archeological Investigations: At least seven cultural resources or state environmental
review parcels are noted on the official archeological site file Derita quadrangle map. None of these
studies resulted in archeological resources being recorded in the project area.
Previous Architectural Investigations: A comprehensive rural architectural survey of Mecklenburg
County was conducted by Mary -Beth Gatza in 1987-88, and an update of the survey was completed
by Sherry Joines and Dan Morrill in 1997. Information from these surveys is available through the
North Carolina HPOWEB database.
National Register of Historic Places: A review of NRHP files and maps indicates that there are no
NRHP-listed properties within 0.5 mile of the project area. The closest NRHP-listed property is the
Croft Historic District (MK1788), located approximately 3,225 feet north of the project area. The
Fred Gibson Farm (MK3086), located about 3,000 feet southeast of the study tract, has been
determined eligible for the NRHP but is not listed. Google Earth aerial photography shows that a
portion of this farm has been developed.
Mecklenburg County Historic Structures: There are 15 recorded historic resources within 1.0 mile
of the project area, one of which was located within the project area. The Henderson House
(MK1546) was a circa 1850 two and a half story dwelling located in the northwest corner of the
project area (Figure 1). According to Google Earth aerial photography, this resource had been

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 3
August 19, 2019
destroyed/removed by 2005. The closest historic structure to the project area was MK1547located
approximately 1,000 feet southwest of the study tract (Figure 1). This circa 1900 two-story cross -
gable house is no longer present, per 2018 Google Earth aerial photography.
Atlantic, Tennessee & Ohio Railroad (aka Southern Railway; aka Norfolk Southern) Corridor: The
Atlantic, Tennessee & Ohio Railroad (AT&O) corridor is adjacent to the western project area
boundary (Figure 1). The section of the AT&O between Charlotte and Davidson was completed in
1861, but service was soon suspended due to the Civil War. The AT&O reopened in 1871 and in
1881, it was leased for 99 years to the Charlotte, Columbia and Augusta Railroad. Southern Railway
acquired the AT&O in 1894, under which ownership it remained until Southern Railway merged
with Norfolk & Western Railway in 1982 to form the Norfolk Southern Railway (carolana.com nd).
Known Archeological Sites: There are two recorded archeological sites located within 0.5 mile of
the project area, but neither site is located within or adjacent to the project area (Figure 1). The
closest site, 31MK88, is recorded as an isolated biface located about 1,200 feet south-southwest of
the project area near Structure MK 1547. The second site, 31MK333, is recorded as a single non -
diagnostic lithic artifact located approximately 1,900 feet north of the study tract.
Revolutionary War Features: After capturing Savannah, Georgia (December 1778) and Charleston,
South Carolina (May 1780), Sir Henry Clinton returned to New York and left Charles, Lord
Cornwallis with just more than 8,000 troops to conquer North Carolina. Following victory at
Camden, South Carolina, the British aimed to occupy Charlotte and restore the Royal government
there. However, resistence to Cornwallis' movement was substantial and it took his army 17 days
to march the 70 miles from Camden to Charlotte. Upon Cornwallis' arrival at Charlotte on October
3, 1780, the rebels constantly harassed his foraging parties, captured his scouts, and captured or
killed his messengers. An attack on one foraging party, known as the Battle of the Bees or
Mclntyre's Farm, took place on that same date 2.3 miles southwest of the project area. Corwallis
soon abandoned this first attempt to subdue North Carolina, calling the area a "hornet's nest" of
rebellion. Cornwallis retreated to Winnsborough, South Carolina and encamped for the winter.
During this second attempt, he bypassed the Charlotte area to the west and north, crossing Catawba
River west to east at Cowan's Ford (10 miles northwest of the project area) in February 1781. The
British were finally defeated at Yorktown, Virginia on October 17, 1781 (Lewis 2011, Powell 1989).
Civil War Features: Review of the Official Military Atlas of the Civil War (Davis et al. 1983)
revealed that no significant Civil War military activity occurred in Mecklenburg County, North
Carolina. Union General William T. Sherman, following the capture of Columbia, South Carolina
on February 17, 1865, moved north to the vicinity of Lancaster, South Carolina, but his army then
turned northeast toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project
region (Davis et al. 1983).
Historic Cemeteries: Historic maps and aerial photographs indicate two cemeteries within 1,000 feet
of the project area (Figure 1). Oak Grove United Methodist Church Cemetery is a well established
and maintained out parcel along the western project area boundary. According to Findagrave.com,
this cemetery has at least 118 memorials. Headstones indicate use from at least 1910 into 2015
(peoplelegacy.com nd). The church, which is now located over a mile south of the cemetery, was
established is 1889 and was originally located just west of the cemetery. The second cemetery,

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 4
August 19, 2019
Bethel Methodist Church Cemetery, is located within approximately 100 feet south and 420 feet east
of the project area and retains at least seven marked graves dating from 1872 to 1939
(peoplelegacy.com nd).
Structures or Features on Historic Maps and Aerial Photographs: Historic maps from 1910 through
1972 show at least 11 structures being located within the project area, including the houses of Dr.
S. Henderson House, Mrs. Nancy Black, H. Armstrong, J.R. Price and J. Brown called out on the
1911 Spratt Map (Figure 1). Historic maps also show Old Potter Road traversing the project area,
as well as a number of secondary/farm roads. Eight other mapped resources are adjacent to the study
tract, including Oak Grove Church and cemetery (Figure 1): Bethel Methodist Church (or cemetery)
is not cited on the maps reviewed.
Aerial photography from 1961 through 1971 shows essentially the same structures as observed on
historic maps. Land use in the project area is a mosaic of wooded areas typically around active
agricultural fields/pastures. All three of the Griffith Lakes are in place by 1961, as is the local
primary transportation network and the transmission line that traverses the project area. West W.T.
Harris Boulevard was constructed by 1993 and older roads into the project area begin to disappear.
In the late 1990s and early 2000s, subdivision development began to intensify in the project vicinity
and by 2018, the project area was essentially surrounded by modern development.
Site Visit
A 30-foot perimeter beyond the fenced boundary of Oak Grove United Methodist Church Cemetery
was walked/scanned for evidence of human graves and no evidence of graves was observed. Areas
adjacent to the cemetery are heavily disturbed by a dirt road (south), earlier agricultural/silvicultural
activities and erosion. It is recommended that an undisturbed 50-foot buffer be established beyond
the cemetery fence due to the high level of disturbance immediately around the cemetery. If a 50-
foot buffer cannot be achieved, then intensive probing and/or surface clearing may be necessary to
ensure that unmarked graves do not lie in adjacent areas proposed for ground disturbing activities.
The landforms shown on Figure 2 were walked and surfaces scanned for evidence of cemeteries.
No grave makers, oblong depressions, cemetery vegetation or other features common to cemeteries
were observed.
SUMMARY
Literature Search: There are no NRHP-listed historic properties within 0.5 mile of the study tract.
One state -recognized historic structure, the Henderson House (MK1546), was located within the
project but has been razed/removed. At least 11 structures have been present in the project area since
1910 but the current status of those resources is unknown. No recorded archeological sites are
located within or adjacent to the project area. Two cemeteries are proximate to the project area. Oak
Grove United Methodist Church Cemetery abuts the western edge of the study tract, while Bethel
Methodist Church Cemetery is within 100 feet south and 420 feet east of the project area.
Site Visit: No evidence of human graves was observed around Oak Grove United Methodist Church
Cemetery or on the selected landforms inspected during the site visit. It is recommended that a 50-
foot undisturbed buffer be established around the existed cemetery fence. If a 50-foot buffer is not

Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 5
August 19, 2019
feasible, then clearing around the cemetery may be necessary to ensure that unmarked graves are not
outside the existing cemetery fence.
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
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachments: Figures 1 and 2
REFERENCES
Carolana.com
nd North Carolina - Railroads. Found at: https://www.carolana.com/NC/Transportation/
railroads/nc_rrs_atlantic_tennessee ohio.html. Accessed May 20, 2019.
Davis, G.B., L.J. Perry and J.W. Kirkley, compiled by C.D. Cowles
1983 Atlas to Accompany the Official Records of the Union and Confederate Armies.
Reprint of the 1891-1895 edition. The Fairfax Press, New York.
Peoplelegacy.com
nd Oak Grove United Methodist Church Cemetery and Bethel Methodist Church Cemetery.
https://peoplelegacy.com/cemetery/. Accessed May 20, 2019.
Powell, W.S.
1989 North Carolina Through Four Centuries. University of North Carolina Press, Chapel
Hill and London.
Lewis, J.D.
2011 The American Revolution in North Carolina. Internet -Online Found at:
http://www.carolana.com/NC/Revolution/. Accessed 9 November 2018.

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Map Reference: 7.5-Minute USGS Quadrangle
Derita (1993), NC
ro
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Project Area •
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Scale
0 610 meters
0 2000 feet
Figure 1 Project Area and Previously Recorded Cultural Resources Location Map

Survey Transect
Map Reference: 7.5-Minute USGS Quadrangle
Derita (1993), NC
Figure 2 Cemetery Search Coverage Map
Scale
0 305 meters
0 1000 feet