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HomeMy WebLinkAbout20070801 Ver 2_ePCN Application_20220523Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 4/20/2022 BIMS # Assigned* Version#* 20070801 2 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review What amout is owed?* 0 $240.00 ® $570.00 Select Project Reviewer* Doug Perez:eads\djperez la. Name of project: Preserve at Forest Creek la. Who is the Primary Contact?* Daniel Kuefler lb. Primary Contact Email:* daniel.kuefler@wetlands-epg.com Date Submitted 5/23/2022 Nearest Body of Water Rone Branch Basin Yadkin-PeeDee Water Classification WS-1 Site Coordinates Latitude: 34.9163 A. Processing Information Longitude: -80.7544 lc. Primary Contact Phone:* (336)554-2728 County (or Counties) where the project is located: Union Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: 21 Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O 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) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: O 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit 0 Individual 401 Water Quality Certification 14 - Linear transportation 18 - Minor Discharges 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: tf. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express O Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 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 B. Applicant Information 0 Yes 0 No 0 Yes 0 No td. Who is applying for the permit? O Owner 0 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Waxhaw Ventures LLC 2b. Deed book and page no.: 7008/858 2c. Contact Person: Marcus Arroyo 2d. Address Street Address P.O. Box 748 Address Line 2 City Monroe Postal / Zip Code 28111 State / Province / Region NC Country USA 2e. Telephone Number: (704)238-9700 2f. Fax Number: 2g. Email Address:* marcus@typarrealty.com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands and Environmental Planning Group (WEPG) 4c. Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal / Zip Code 28277 4d. Telephone Number: (336)554-2728 4f. Email Address: * amberlipsky@wetlands-epg.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information lb. Subdivision name: Of appropriate) lc. Nearest municipality / town: Waxhaw 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Rone Branch 3b. Water Resources Classification of nearest receiving water: * WS-1 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030501030204 4. Project Description and History 2b. Property size: 216.86 State / Province / Region Country 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 Preserve at Forest Creek project is 272.79 acres located just east of Rehobeth Road, and just north of Sims Road in Union County, North Carolina. The site is primarily covered with mixed pine/hardwood forest. It has dirt and gravel roads and trails traversing it. Rone Branch and tributaries run through the site. There are sanitary sewer line rights -of -way, as well as power line rights -of -way in the northern section of the site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.914 4g. List the total estimated linear feet of all existing streams on the property: 7267 4h. Explain the purpose of the proposed project: * The proposed development will include impacts associated with road crossings, stormwater measures, and associated grading. 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? * • Yes ONo Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * •l Preliminary 0 Approved O Not Verified O Unknown O N/A Corps AID Number: SAW-2019-01646 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nic Nelson WEPG O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR This site was field verified on 8/28/18 by Alan Johnson (NCDEQ) and on 11/26/19 by B. Roden -Reynolds (USACE) and the JD was issued on 12/3/19. A copy of the signed JD approval is included in the Approvals section. 6. Future Project Plans 6a. Is this a phased project?* 0 Yes v No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): ✓. Wetlands 0 Open Waters 2. Wetland Impacts U Streams -tributaries O Pond Construction 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 BMP P Bottomland Hardwood Forest Wetland G Yes Corps 0.011 (acres) W2 Roadway P Bottomland Hardwood Forest Wetland L Yes Corps 0.012 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.023 2i. Comments: W1- Wetland G (NWP 18, BMP) W2- Wetland L (NWP 14, grading due to roadway) 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.023 3a. Reason for impact (7) 3b.Impact 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 V Perennial Corps 5 Average (feet) 118 (linear feet) S2 Road Crossing Temporary Dewatering Stream C Perennial Corps 5 Average (feet) 30 (linear feet) S3 BMP Permanent Fill Stream I Intermittent Corps 1 Average (feet) 145 (linear feet) S4 BMP Permanent Fill Stream K Intermittent Corps 2 Average (feet) 410 (linear feet) S5 Road Crossing Permanent Culvert Stream E Perennial Corps 4 Average (feet) 78 (linear feet) S6 Road Crossing Temporary Dewatering Stream E Perennial Corps 4 Average (feet) 30 (linear feet) S7 Road Crossing Permanent Culvert Stream S Intermittent Corps 2 Average (feet) 103 (linear feet) S8 Road Crossing Temporary Dewatering Stream S Intermittent Corps 2 Average (feet) 30 (linear feet) S9 Road Crossing Permanent Culvert Stream V Perennial Corps 3 Average (feet) 103 (linear feet) S10 Road Crossing Temporary Dewatering Stream V Perennial Corps 3 Average (feet) 30 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 957 3i. Total stream and ditch impacts: 1077 3j. Comments: S1, S2, S5, S6, S7, S8, S9, S10 (NWP 14, Road Crossing) S3, S4 (NWP 18, BMP) E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 120 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots & access routes. Impact locations were influenced by the location of Heritage trees, existing grades/drainage patterns, & roadway requirements for emergency vehicles. Roadway impacts were reduced as much as possible & lots were eliminated to avoid additional wetland areas. Please see a copy of the engineer correspondence. The applicant has demonstrated avoidance & minimization efforts by avoiding -86.8% of streams and 97.5% wetlands. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the 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? O Yes No 2c. If yes, mitigation is required by (check all that apply): Li DWR ' '. Corps 2d. If yes, which mitigation option(s) will be used for this project? J Mitigation bank Payment to in -lieu fee program 1 Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes C; No 4b. Stream mitigation requested: (linear feet) 957 4c. If using stream mitigation, what is the stream temperature: warm 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: (square feet) (acres) 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) 0 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes ® No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0 Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 0Yes®• No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? • Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: • Local Government State Local Government Stormwater Programs • Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Union County 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 Union County but will be designed to meet their criteria. G. Supplementary Information 0 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes • 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)?* Yes • No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes • No 3b. If you answered "no," provide a short narrative description. No additional phases proposed 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 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 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes ® No O No 0 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 ONo 5h. Does this project involve the construction/installation of a wind turbine(s)?* OYes 0No 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.? 0Yes ONo 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. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes O No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* 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 and Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes ` No 8b. If yes, explain how project meets FEMA requirements: No grading or net fill will be added. 8c. What source(s) did you use to make the floodplain determination?* http://gis-web.unioncountync.gov/gomapst# www.fema.gov Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Preserve at Forest Creek PCN package.pdf File must be PDF or KMZ Comments A full PCN package is attached. Signature 9.31 MB 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 aatrs'Gdcifre.f.et, Date 5/23/2022 WEPG Preliminary ORM Data Entry Fields for New Actions SAW — 2019 - 01646 Prepare file folder n Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. BEGIN DATE [Received Date]: Assign Action ID Number in ORM pi 1. Project Name [PCN Form A2a]: The Preserve at Forest Creek 2. Work Type: Private pi Institutional ri Government n Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: PreConstruction Notification for a residential development EI 4. Property Owner / Applicant [PCN Form A3 or A4]: Waxhaw Ventures, LLC 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 35.9108 N,-80.7487 W Waxhaw, NC 8. Project Location - Tax Parcel ID [PCN Form B1a]: 051 14029, 05117012, 05117013, 05117013A, 05144005 9. Project Location —County [PCN Form A2b]: Union 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form B2a]: Rone Branch 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Upper PeeDee/03050103 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: pind m StaNationwide Permit # , 18 n RegionaldarGeneralPerit Permit 14# n Jurisdictional Determination Request H Pre -Application Request Unauthorized Activity n Compliance ❑ No Permit Required Revised 20150602 Pre -Filing Meeting Request- Preserve at Forest Creek 1 message Amber Lipsky <amber.lipsky@wetlands-epg.com> To: 401PreFile@ncdenr.gov Cc: Daniel Kuefler <daniel.kuefler@wetlands-epg.com> Please see below/attached for our Pre -Filing information. Amber Lipsky <amber.lipsky@wetlands-epg.com> Wed, Apr 20, 2022 at 2:06 PM Contact Name: Daniel Kuefler Contact Email Address: daniel.kuefler@wetlands-epg.com Project Owner: Waxhaw Ventures, LLC Project Name: Preserve at Forest Creek Project County: Union Owner Address: 2593 W. Roosevelt Blvd, Ste 201, Monroe, NC 28110 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 Preserve at Forest Creek site is located on 272.79 acres just east of Rehobeth Road, and just north of Sims Road in Union County, North Carolina. The site is primarily covered with mixed pine/hardwood forest. It has dirt and gravel roads and trails traversing it. Rone Branch and tributaries run through the site. There are sanitary sewer line rights -of -way, as well as power line rights -of -way in the northern section of the site. The topography is moderately sloped with the elevation ranging from 560 to 700 ft. 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. context maps.pdf 1024K WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. May 20, 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-2019-01646; Pre -Construction Notification for NWP #14 & #18 for the Preserve at Forest Creek site in Waxhaw, Union County, North Carolina USACE Assigned Project Manager, Messrs. Perez, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit #14 & #18 for the Preserve at Forest Creek site on 272.79 acres located north, east, and west of Waxhaw Crossing Drive in Waxhaw, NC. The site is a proposed residential development and consists of 13 streams and 11 wetlands. The site was field verified by NCDEQ in August 2018 and by the USACE in November 2019 and a PJD was issued in December 2019. Current site conditions were evaluated and the OHWL of the crossing locations were flagged in June 2021. Please refer to the Jurisdictional Determination Information for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to five streams and two wetlands for 5 road crossings and minor grading. Additional minor impacts to Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com 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. one wetland and two streams are required for one required stormwater BMP. Temporary impacts are limited to dewatering for culvert installations. Total permanent impacts proposed include 957 linear feet (0.05 acres) of stream impacts (Streams V, I, K, E, and S) and 0.023 acres of wetland impacts (Wetlands G and L). Nationwide Permit 18 is proposed to apply to 114 LF (0.006 AC/14.52 cubic yards) of the Stream K impact and the entirety of Stream I and Wetland G impacts. Nationwide Permit 29 is proposed to apply to the remaining impacts. Site impacts were unavoidable due to roadway and connectivity requirements with respect to fixed intersection locations and site constraints including grades, drainage patterns, and location of Heritage Trees to be saved. 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. All utilities will be bored to avoid impacts. Roadway crossings were narrowed to the greatest extent possible while meeting local roadway design requirements. Extensive analyses were conducted and lots were removed to reduce site impacts to the extent possible. Please refer to the Engineer Correspondence section for more detail. 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. 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. 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, (336)554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler, PWS Environmental Scientist Len Rindner, PWS Principal Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 2 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite I D, 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 la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit lb. Specify Nationwide Permit (NWP) number: 14, 18 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No ld. 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 le. 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 lg. Is the project located in any of NC's twenty coastal counties. If yes, answer lh 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: The Preserve at Forest Creek 2b. County: Union 2c. Nearest municipality / town: Waxhaw 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Waxhaw Ventures LLC 3b. Deed Book and Page No. 7008/858 3c. Responsible Party (for LLC if applicable): Marcus Arroyo 3d. Street address: P.O. Box 748 3e. City, state, zip: Monroe, NC 28111 3f. Telephone no.: (704)238-9700 3g. Fax no.: 3h. Email address: marcus@typarrealty.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Kuefler 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: 336-554-2728 5f. Fax no.: 5g. Email address: daniel.kuefler©wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): see attached parcel map lb. Site coordinates (in decimal degrees): Latitude: 34.9163 Longitude: -80.7544 lc. Property size: 216.86 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Rone Branch 2b. Water Quality Classification of nearest receiving water: WS-I 2c. River basin: 03050103 (Upper Pee -Dee) 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 Preserve at Forest Creek project is 272.79 acres located just east of Rehobeth Road, and just north of Sims Road in Union County, North Carolina. The site is primarily covered with mixed pine/hardwood forest. It has dirt and gravel roads and trails traversing it. Rone Branch and tributaries run through the site. There are sanitary sewer line rights -of -way, as well as power line rights -of -way in the northern section of the site. 3b. List the total estimated acreage of all existing wetlands on the property: 0.914 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,267 3d. Explain the purpose of the proposed project: The proposed development will include impacts associated with road crossings, stormwater measures, and associated grading. 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: SAW-2019-01646 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was field verified on 8/28/18 by Alan Johnson (NCDEQ) and on 11/26/19 by B. Roden -Reynolds (USACE) and the JD was issued on 12/3/19. A copy of the signed JD 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? ❑Yes X No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. 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 Fill Bottomland Hardwood Forest Yes Corps 0.011 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.012 W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.023 2h. Comments: W1- Wetland G (NWP 18, BMP) W2- Wetland L (NWP 14, grading due to roadway) 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 - Choose one PLEASE - - S2 - Choose one SEE - - S3 - Choose one ATTACHED - - S4 - Choose one TABLE - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: PLEASE SEE ATTACHED TABLE Page 4 of 10 PCN Form — Version 1.4 January 2009 Table 2. Proposed Impacts Inventory/ Stream Impacts - Stream Impact number Permanent (P) or Temporary Type of Impact Stream Name Perennial (PER) or Intermittent (INT) Type of Jurisdiction Average Stream Width (feet) Impact Length (linear feet) S1 - P Culvert Stream V PER Corps 5 118 S2 - T Dewatering Stream V PER Corps 5 30 S3 - P Fill Stream I INT Corps 1 145 S4 - P Fill Stream K INT Corps 2 410 S4 - P Culvert Stream E PER Corps 4 78 S5 - T Dewatering Stream E PER Corps 4 30 S6 - P Culvert Stream S INT Corps 2 103 S7 - T Dewatering Stream S INT Corps 2 30 S8 - P Culvert Stream V PER Corps 3 103 S9 - T Dewatering Stream V PER Corps 3 30 Total Impacts 1,077 S1-0.013 AC; S2- 0.004 AC; S3-0.016 AC; S4- 0.007AC; S5- 0.005 AC; SS6- 0.005 AC Total permanent impacts= 0.05 AC 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 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, 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. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots & access routes. Impact locations were influenced by the location of Heritage trees, existing grades/drainage patterns, & roadway requirements for emergency vehicles. Roadway impacts were reduced as much as possible & lots were eliminated to avoid additional wetland areas. Please see a copy of the engineer correspondence. The applicant has demonstrated avoidance & minimization efforts by avoiding —86.8% of streams and 97.5% wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 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 ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. X Yes 4b. Stream mitigation requested: 957 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. 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? 49 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 Union County but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Union County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Union County 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? X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? X Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the 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 lc. 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? Yes X 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. No additional phases proposed 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 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. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation 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 and Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ No X Yes 8b. If yes, explain how project meets FEMA requirements: No grading or net fill will be added. 8c. What source(s) did you use to make the floodplain determination? http://gis-web.unioncountync.gov/gomaps/# www.fema.gov Daniel Kuefler---/26-1A-14 Applicant/Agent's Printed Name I 05-20-2022 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: The Preserve at Forest Creek Property Address: Rehobeth Road, Union Co., NC Parcel Identification Number (PIN): 05144005, 05114029, 05117013, 05117013A, 05117012 Select one: I am the current property owner Name: Marcus F. Arroyo 0 Company: Waxhaw Ventures, LLC Mailing Address: 2593 W. Roosevelt Blvd., Suite 201, Monroe, NC 28110 Telephone Number: (704)238-9700 Electronic Mail Address: marcus@typarrealty.com -7 /5 /, Property Own y Other* Date rtter•este a er* / * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: 106 l 2-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@awetlands-epg.corn www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. 1 Suite 10, PMB 283 Asheville, NC 28805 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality April 29, 2022 Marcus Arroyo Waxhaw Ventures LLC P.O. Box 748 Monroe, NC 28111 Expiration of Acceptance: 10/29/2022 Project: Preserve at Forest Creek County: Union 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 Catawba 03050103 Warm Stream 957 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. 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 Kelly.Williams@ncdenr.gov. cc: Amber Lipsky, agent flIEC)-?) N) TH CAR ! INA Sincerely, AdiviiAlaulzyka 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 Maps/Plans PROJECT BOUNDARY STUDY LIMITS Va r Wyck Waxhaw Jaars Wetlands and Environmental Plannin Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704)904-2277 www.wetlands-epg.com Prepared for: WAXHAW VENTURES, LLC THE PRESERVE AT FOREST CREEK Union Co., NC VICINITY MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: ALL Reviewed By: DCK Wesley Chapel Mineral Springs Jackson FIGURE 1 5/6/22 r okivx Wetlands and Environmental Planning Grou Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com •_ �� f { F a THE PRESERVE AT FOREST CREEK Union Co., NC AERIAL MAP For study purposes only - Subject to USACE/NCDEQ verification r•: 4 Drawn By: ALL 1 Aerial Imagery Provided by Google Maps Reviewed By: DCK FIGURE 2 5/6/22 RONE BRANCH Wetlands and Environmental Planning G Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: WAXHAW VENTURES, LLC - USGS QUAD Catawba NE/Waxhaw, NC THE PRESERVE AT FOREST CREEK Union Co., NC USGS MAP For study purposes only - Subject to USACE/NCDEQ verification PROJECT BOUNDARY STUDY LIMITS SCALE 1:24,000 ACRES 216.86 Drawn By: ALL LOCATION Lat: 35.9108 °N Long: -80.7487 °W HUC: 03050103 TWELVEMILE Reviewed By: DCK FIGURE 3 5/6/22 PROJECT BOUNDARY STUDY LIMITS N NRCS Soil Survey Manuscript Union County 1996 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: WAXHAW VENTURES, LLC Map Unit Symltal Map Unit Name Acres in AOI Percent of AOI AeB Ailey-Appling complex, 2 to 8 percent slopes '.0 5 CeB2 Cecil gravelly sandy day loam, 2 to 8 percent slopes, moderately eroded 62.9 CeC2 Cecil gravelly sandy day loam, 8 to 15 percent slopes, moderately eroded 86.3 4 8% 28 9% 39.7% ChA Chewada silt loam, 0 to 2 percent slopes, frequently flooded 14.2 6 5% GeB Georgeville silt loam, 2 to 8 percent slopes 8,3 PaE2 Pacolet sandy day loam, 15 to 40 percent slopes, moderately eroded 28,3 2 9% 12 1% T662 Tarns gravelly silty clay loam, 2 to 8 percent slopes, moderately eroded 07 0 3% TbC2 Tawas gravelly silty clay loam, 8 to 15 percent slopes, moderately eroded 09 0 4% WyB Wynott gravelly loam, 2 to 8 percent slopes S.5 4 3% Totals for Area of Interest 217.E 100.0% J THE PRESERVE AT FOREST CREEK Union Co., NC SOIL SUREY MANUSCRIPT MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: ALL ;Lino). Grove C h Reviewed By: DCK FIGURE 4 5/6/22 Floodplain Information Provided by Catawba County GIS 2022 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. WAXHAW VENTURES, Prepared for: 111Plogigir oui# 4,41, 0t, *Bis,do 6,011r• grog THE PRESERVE AT FOREST CREEK Union Co., NC Drawn By: ALL Reviewed By: DCK FIGURE 5 ler.rindner@wetlands-epg.com LLC FLOODPLAIN MAP 5/6/22 (704) 904-2277 For study purposes only - Subject to USACEMCDEQ verification www.wet lan d s-e pg.c o m EX. STREAM (RONE BRANCH) PER. STREAM V ON -SITE LENGTH = 4922' (0.45 AC) INT. STREAM I ON -SITE LENGTH = 145' (0.009 AC) a r INTERMITTENT. S ' EAM S:,, ON -SITE LENGTH = 1226' II(0.08 AC) WETLAN6I XX (0.10 AC) WET' N D W (0.005 AC) I� PER. STREAM S ON -SITE LENGTH = 1210' (0.18 AC) WETLAND J/JJ (0.31 AC) INT. STREAM K III- ON -SITE LENGTH = 410' k r t i.'.V (0.016 AC)____/--- 7/, (r_ r INT. STREAM Z ON -SITE LENGTH = 318' (0.017 AC) THE PRESERVE AT FOREST CREEK - WAXHAW, NC • OVERALL EXISTING STREAM EXHIBIT PN1020223 102.07.2022 I LENNAR INT. STREAM D ON -SITE LENGTH = 264' (0.013 AC) INT. STREAM B ON -SITE LENGTH = 141' (0.007 AC) WETLAND A (0.03 AC) PERENNIAL STREAM E: ON -SITE LENGTH = 1985' (0.25 AC) PER. STREAM F ON -SITE LENGTH = 44' (0.005 AC) INT. STREAM Y ON -SITE LENGTH = 200' (0.017 AC) PER. STREAM T ON -SITE LENGTH = 291' (0.027 AC) SCALE: 1 "=600 0 300' 600' 900' 1500' LandDesign® PERENNIAL STREAM V 118 LF OF IMPACT 589 SQFT (0.013 AC) IMPACT 1 INTERMITTENT. STREAM I 145 LF OF IMPACT' 152 SQFT (0.003 AC) IMPACT 2 WETLAND L TO BE FILLED 544 SQFT (0.012) OF IMPACT IMPACT 4 6 LARGE LOTS T BE DEVELOPED INI ' THE FUTURE WITH NO IMPACJ I PROJ CT BOUNDARY INTERMITTENT EXHIBIT PERENNIAL/ EXHIBIT A: TREAM V ( INTERMITTENT STREAM I & WETLAND G EXHIBITS //-m/�/ i _INTERMITTENT STREAM & WETLAND L EXHIBITS I_ TREAM V = WETLAND G TO BE FILLED 690 SQFT (0.015 AC) OF IMPACT IMPACT FM MN ME MN PERENNIAL STREAM E EXHIBIT THE PRESERVE AT FOREST CREEK • WAXHAW, NC • OVERALL STREAM EXHIBIT PN1020223 1 02.07.2022 1 LENNAR Feature Impact Length (LF) Impact Area (Acreage) Impact Volume (cubic yards)* PerStrV (Impact 1) 118 0.013 no (Impact 145 0.003 85 WetlandL(mp ct4) na 0.012 na Wetland G (Impact 3) na 0.015 36.3 Stream K portion for BMP (Impact 5) 114 0.006 14.52 Stream K portion for crossing (Impact 5) 296 0.01 no Stream E (Impact 6) 344 0.007 no Stream S (Impact 7) 103 0.005 na Stream V (Impact 8) 255 0.005 na _ FM INTERMITTENT STREAM K 410 LF OF IMPACT 722 SQFT (0.016) IMPACT 5 INTERMITTENT. STREAM S: 103 LF OF IMPACT 235 SQFT (0.005 AC) IMPACT 7 FM PERENNIAL STREAM E: 78 LF OF IMPACT 344 SQFT (0.007 AC) IMPACT 6 PERENNIAL STREAM V: 90 LF OF IMPACT 255 SQFT (0.005 AC) IMPACT 8 CROSSING OR (60' PUBLIC R►W) SCALE: 1 "=600' FM FM / FM pit,/ ROAD ENDS, PER MUNICIPALITY RIGHT OF WAY MUST CONTINUE TO PROJECT BOUNDARY. N\/ LEGEND AREA OF IMPACT TOTAL DEVELOPED AREA: 168.03 AC 0 300' 600' 900' 1500' LandDesign® PUMP STATION TO BE BUILT BY A UNION COUNTY CIP PROJECT, WATERLINE CONNECTION PROJ 6T BOUNDARY WATERLI CONNECTION= SEWER LINE CONNECTION / / PROP. /� EWER LINE ANY PLACE SEWER CROSSES STREAM/WETLANDS JACK & BORES WILL BE USED RESULTING IN NO IMPACT. _PROP. STORM DRAINAGE —11 OP. 1 WATERLINE L THE PRESERVE AT FOREST CREEK • WAXHAW, NC • OVERALL UTILITIES EXHIBIT PN1020223 102.07.2022 I LENNAR FM / R'� CROSSING D 60 PUBLIC Rom) FM FM FM \ FM LEGEND AREA OF IMPACT TOTAL DEVELOPED AREA: 168.03 AC SCALE: 1 "=600' 0 300' 600' 900' 1500' LandDesign® PROP. RIGHT-OF-WAY PROP. SIDEWALK PERENNIAL STREAM V: 118 LF OF IMPACT 589 SQFT (0.013 AC) OF IMPACT EX. STREAM 15' TEMP. CONSTRUCTION EASEMENT/DEWATERING (.003 AC) 15' TEMP. CONSTRUCTION EASEMENT/DEWATERING (.003 AC) RETAINING WALL PROP. UTILITY 99 EASEMENT PROP. 72" RCP DOUBLE BARREL CULVERT THE PRESERVE AT FOREST CREEK • WAXHAW, NC • PERENNIAL STREAM V EXHIBIT A PN1020223 102.07.2022 I LENNAR PROP. STORM NETWORK PROP. BUILDING FOOTPRINT PROP PROPERTY LINE, LEGEND AREA OF IMPACT SCALE: 1 "=20 0 10' 20' 30' 50' LandDesign. ROADWAY CENTERLINE CROSS SECTION SCALE: 1"=80' H & 1"=8'V 600 595 590 585 580 575 570 565 560 555 / PR OP . GRA DE (CI-102 EX PROP.bOUBLE 72 RAD CULVERT (94 & 99 LF) 18 " SPAC IN N E SSMH (CI-104) - 35 1S i / 5p1'-107 (SS1V/36) / SSMH - 37)- (CI-108) E Ware 24" RCP, - CULVERT INVERT TO BE PLACED 1' BELOW STREAM INVERT (CONTRACTOR TO VERIFY CULVERT INVERTS PRIOR TO CONSTRUCTION 600 595 590 585 580 STRE 575 CULVE 570 565 560 555 SCALE: 1"=80' H & 1"=8'V 585 585 PROP. GRADED 580 / 575 575 72' RCP DOUBLE BARREL CUVERT 570 570 565 565 'M INV.:561.93 EX GRADE 560 T INV.: 560.93 � 560 .0" " ":" STREAM INV.: CULVERT INV.: 555 555 PROP. 1 APPROVED FILLMATERIAL 550 561.98 561.98 559.97 0) 9i Lo Lo 550 0+00 0+50 1+00 STREAM CULVERT 58.00 57.00 585 585 PROD. GRADE 580 575 575 2' RCP DOUBLE BARREL CUVERT 570 570 pA, 565 565 NV.: 561.93 p., \ NV.:560.9 E EX. GRADE P; ,_ 560 y, 560 ik ," "' STREAM INV.: 5, CULVERT INV.: 555 555 "APPROVED PROP. FILL MATERIAL 550 561.99 559.99 ai 550 0+00 0+50 1+00 8.00 57.00 THE PRESERVE AT FOREST CREEK • WAXHAW, NC • PERENNIAL STREAM V CROSS -SECTIONS EXHIBIT A PN1020223 102.07.2022 I LENNAR LandDesign. THE PRESERVE AT FOREST CREEK • WAXHAW, NC • INTERMITTENT STREAM I EXHIBIT PN1020223 102.07.2022 I LENNAR /// — s\� INTERMITTENT STREAM I: \ \ 145 LF OF IMPACT 152 SQFT (0.003 AC) OF N� PROP. SCALE: 1 "=60 0 30' 60' 90' 150' LandDesign. \.%," \\:**1 PROP. SEWER NETWORK \, • PROP. SIDEWALK ReP. // // / / /��j / PROP. UTILITY / \\ EASEMENT / / \ 7 ss / 'ETAINING WALL WEtLAND L: 545 SQFT (0.012 AC) � OF IMPACT i PROP. STI RM� NETWORK 4p.4 • /4 Asa • ialkk,4 *itt 444) 4*,&041t` kit** 44I(4 W it* THE PRESERVE AT FOREST CREEK - WAXHAW, NC • INTERMITTENT STREAM K EXHIBIT PN1020223 102.07.2022 I LENNAR BMP ,,,\ \\ ..Z..,.-ezi 600 s8, 7 / // // // // PR o P. BUILDING OOTPRINT PROP. � PROPERTY LINE NTERMITTENT STREAM K: 410 LF OF IMPACT 722 SQFT (0.016 AC) OF IMPACT PROP. RIGHT-OF-WAY /1 LEGEND AREA OF IMPACT I I SCALE: 1 "=40' 0 20' 40' 60' 100' LandDesign. EX. STREAM 15' TEMP. CONSTRUCTION ASEMENT/DEWATERING (.002 AC) P RENNIAL STR AM E: 78 LF OF IMPACT 340 SQFT (0.007 AC) OF IMPACT PROP. SIDEWALK PROP. UTILITY EASEMENT ROP. I G HT-O F-WAY THE PRESERVE AT FOREST CREEK • WAXHAW, NC • PERENNIAL STREAM E EXHIBIT PN1020223 102.07.2022 I LENNAR PROPOSED CULVERT 00 15' TEMP. CONSTRUCTION EASEMENT/DEWATERING (.003 AC) LEGEND AREA OF IMPACT SCALE: 1 "=20' 0 10' 20' 30' 50' LandDesign. STORM PIPE CENTERLINE CROSS SECTION SCALE: 1"=80' H & 1"=8'V 635 630 625 620 615 610 605 600 595 590 585 CI-422 )—\\ CI-421 24" 24„ RCP CI-425 24" ,RCP CI-426 } 24" RCP RCP PROP. GRADE CI-424 24" EX . GRA DE / PROP. 72" RCP CULVERT (62 LF) 635 630 625 620 615 610 605 600 CULVERT INVERT TO BE PLACED 1' BELOW STREAM INVERT (CONTRACTOR TO VERIFY CULVERT INVERTS PRIOR TO CONSTRUCTION h 0) O 0) O O O (0 O (0 Cr) CO LO LO OD OD N N- 0) OD 00 cri cf) M M L ) O O O O O O 0) (o (o (o (o (o (o co N (0 0) 0) lf) 0) 0) Lt) Lt) O OD 0) 0) N. 0) 00 Lt) Lt) 0D .1- a) 00 O O �r) (0 (0 7+50 8+00 8+50 9+00 9+50 10+00 10+50 11+00 11+50 12+00 590 585 STREAM CULVERT SCALE: 1"=80' H & 1"=8'V 640 635 630 625 620 615 610 605 600 595 PROP GRADE 24" RCP — 0 590 INV.: 588 0 NV.: 587.0i 585 580 640 635 630 625 620 615 610 605 600 595 61 58 LF OF 72" RCP (CULVE �x. GkaDL 590 -11JAM INV.: 587.92 UL E'T IN .: 586.92 PROP 1' APPRO\kEIL 585 FILL MATERIAL O O N. O O 0) OD 00 I� OD OD OD In LO Lf) 0) OD lf) 0+00 0+50 1+00 580 THE PRESERVE AT FOREST CREEK • WAXHAW, NC • PERENNIAL STREAM F CROSS -SECTIONS EXHIBIT PN1020223 102.07.2022 I LENNAR LandDesign. EX. STREAM RETAINING WALL 15' TEMP. CONSTRUCTION EASEMENT/DEWATERING (.002 AC) INTERMITTENT. STREAM S: 103 LF OF IMPACT 235 S Q FT (0.005 AC) OF IMPACT PROP. UTILITY EASEMENT PROP. STORM NETWORK PROP. EWER NETWORK 15' TEMP. CONSTRUCTION ASEMENT/DEWATERING (.002 AC) THE PRESERVE AT FOREST CREEK • WAXHAW, NC • INTERMITTENT STREAM S EXHIBIT PN1020223 102.07.2022 I LENNAR PROPOSED CULVERT SCALE: 1 "=20 PROP. SIDEWALK ROP. RIGHT-OF-WAY / LEGEND AREA OF IMPACT 0 10' 20' 30' 50' LandDesign. STORM PIPE CENTERLINE CROSS SECTION SCALE: 1"=80' H & 1"=8'V 680 675 670 665 660 655 650 645 640 635 630 (C I-703 CI-704 ROP GRADE CI-702 (SSMH-75 VI CI-705 )- 15" RCP EX. GRADE PROP. 72" RCP CULVERT (83 LF) CULVERT INVERT TO BE PLACED 1' BELOW STREAM INVERT (CONTRACTOR TO VERIFY CULVERT INVERTS PRIOR TO CONSTRUCTION h (O 00 CD CS) 0 0 0 O N N N. N. 00 N ' ' N. (0 CO CO CO CO (0 co co co O M co co (o (o co 60) M Lf) co co (o (o (fl Ls, L, oi oiN N CO CO N. N. CO CO CO CO 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 680 675 670 665 660 655 650 645 640 635 630 SCALE: 1"=80' H & 1"=8'V CU 675 670 665 660 655 PROP. GRADE EX. GRAD 650 TREAM INV.: 647 98 LVERT INV.: 646.8 645 640 635 630 ■ 15" RCP- 675 670 665 660 655 650 645 83.00 LF OF 72" RCP (CULVERT) @ 12.16% 640 STREAM INV.: 637.90 CULVERT INV.: 636.90 RO'. " APPROVED 635 FILL MATERIAL 00 rn 0 0 N 0 0 0+00 0+50 1+00 630 THE PRESERVE AT FOREST CREEK • WAXHAW, NC • INTERMITTENT STREAM S CROSS -SECTIONS EXHIBIT PN1020223 102.07.2022 I LENNAR LandDesign. \\\\\\ EX. STREAM 15' TEMP. CONSTRUCTION � ASEMENT/DEWATERING (.002 AC) \\NNIAL STREAM V: 103 LF OF IMPACT 255 SQFT (0.005 AC) OF IMPACT 15' TEMP. CONSTRUCTION ASEMENT/DEWATERING (.008 AC) PROP. UTILITY EASEMENT RETAINING WALL ROPOSED CULVERT PROP. SEWER NETWORK PR•P. SIDEWALK PROP. RIGHT-OF-WAY LEGEND AREA OF NO IMPACT AREA OF IMPACT THE PRESERVE AT FOREST CREEK • WAXHAW, NC • PERENNIAL STREAM V EXHIBIT B PN1020223 102.07.2022 I LENNAR SCALE: 1 "=20' 0 10' 20' 30' 50' LandDesign. SEWER PIPE CENTERLINE CROSS SECTION SCALE: 1"=80' H & 1"=8'V 675 670 665 660 655 650 645 640 635 630 SSMH-41 PRO P. G RA DE SSMH-42 CULVERT IN ERT TO BE PLACED 1' BELOW STREAM INVERT (CONTRACTOR TO VERIFY CULVERT INVERTS PRIOR TO CONSTRUCTION x GRAD E 15" RCP PROP. 72" RCP CULVERT (78 LF) SSMH-44 1 0) 0) 0) Lt) O N N 0) N.N. M O N N (0 Lt) M O O O (0 17+50 18+00 18+50 19+00 19+50 20+00 20+50 21+00 21+50 22+00 22+50 23+00 23+50 675 670 665 660 655 650 645 640 635 630 ST CUL SCALE: 1"=80' H & 1"=8'V 670 670 665 PROP. GRADE 665 660 660 655 655 650 650 645 645 640 640 ®® 78.00 LF OF 72' RCP 1.18% (CULVERT) @ 635 AL 635 REAM INV.: 633.6 i EX. RADE /ERT INV.: 632.65 —i=—=F = STREAM INV.: 632.75 CULVERT INV.: 631.75 630 630 / PROP. 1"AP?ROVED FILL MATERIAL 625 632.88 632.88 635.99 0) 0) Li) co (o 625 0+00 0+50 1+00 THE PRESERVE AT FOREST CREEK • WAXHAW, NC • PERENNIAL STREAM V CROSS -SECTIONS EXHIBIT B PN1020223 102.07.2022 I LENNAR LandDesign. Engineer Correspondence N V C N 75 C 0 Q v) s_ O u a) a) C 01 w Amber Lipsky <amber.lipsky@wetlands-epg.com> Forrest Creek Wetlands Exhibit Mason Greeson <mgreeson@landdesign.com> Thu, Apr 14, 2022 at 12:03 PM To: Sam Bennett <sbennett@landdesign.com>, Daniel Kuefler <daniel.kuefler@wetlands-epg.com>, "amber.lipsky@wetlands-epg.com" <amber.lipsky@wetlands-epg.com> We are revising a few things we saw. Sam will send when they are revised. Narratives are below; Stream V Phase 1- Roadway crossing with a double 72" culvert proposed. Double 72" culvert does fit within the stream properly for handling the base flow through both pipes, a single box culvert was proposed originally but the size needed was not appropriate for the stream width as well as the utility separations that are along the roadway in relation to the top of the box culvert. Multiple analysis was run for reducing the impact to this stream. Intermittent Stream I- Impact was unavoidable due to the location of Heritage trees that are to be saved, as well as the location of the BMP in the natural drainage pattern for this area. Lot counts were reduced in order to protect additional wetland areas as well as the heritage trees. Wetland G- Impact was unavoidable due to the location of Heritage trees that are to be saved, as well as the location of the BMP in the natural drainage pattern for this area. Lot counts were reduced in order to protect additional wetland areas as well as the heritage trees. Wetland L- Impact was analyzed multiple times with different roadway configurations but found to be unavaoidable to meet roadway requirements for Emergency vehicle access. Stream K- Impact was analyzed multiple times and found to be unavoidable for the roadway grading to tie back to natural grade and the location of the BMP in the natural drainage pattern. Lots were proposed as the roadway grading was impacting this area the same as roadway tie back grading. Stream E- Impacts were reduced as much as possible for this road crossing. It was requested to have the ability to reduce the width of the roadway at this crossing but the local Jurisdiction would not allow the reduction. Stream S- Impacts were reduced as much as possible for this road crossing. It was requested to have the ability to reduce the width of the roadway at this crossing but the local Jurisdiction would not allow the reduction. Stream V- Phase 2- Impacts were reduced as much as possible for this road crossing. It was requested to have the ability to reduce the width of the roadway at this crossing but the local Jurisdiction would not allow the reduction. MASON GREESON, PE Director I Charlotte I (o) 704.333.0325 Charlotte I Washington DC I Dallas I Orlando I Boulder .,idDesign.uom I aLandDesignInc [Quoted text hidden] [Quoted text hidden] Jurisdictional Determination Information WHITE BOUNDARY LIMITS OF PERMIT APPLICATION BLACK BOUNDARY LIMITS OF JD WETLAND R -0.02 AC WETLAND AA -0.05 AC WETLAND BB -0.03 AC WETLAND XX -0.16 AC .NCDEQ Ver 8/28/18 USACE Ver 11/26/19 PER STR T -670 LF FIGURE NO. WETLAND Q -0.03 AC WETLAND H -0.08 AC EXISTING SCM WETLAND J/JJ -0.85 AC Ur L DP2 INT STR S -1100 LF Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com WET DF J/JJ \J:ET G -0.L5 AC WET L -0.02 AC 4 _ti •:fray i": ISOLATED INTERMITTENT STREAM PP -300 LF, -NCDEQ Verification 8/28/18, - USACE Ver. 11/26/19 r INT STR K -350 LF, -* -NCDEQ Ver. 8/28/18 J AMC PER STR V -3800 LF WETLAND YY I "f l�r:. rladr+x.y WETLAND P -0.04 AC -USACE Ver. 11/26/19 STREAM FORM F r - INT STR I 11-2 -NCDEQ Ver L 8/28/18 PER STR S -1000 LF WET N -0.01 AC RONE BRANCH -575 LF STREAM FORM B PER STR F -290 LF INT STR M -1200 LF INT STR D -290 LF UPL DP1 r PERENNIAL STREAM E -2500 LF INTERMITTENT STREAM ZZ -320 LF -NCDEQ Ver 8/28/18, -* Ile• INTERMITTENT STREAM Z -320 LF WETLAND X -0.10 AC INTERMITTENT STREAM Y -150 LF THE PRESERVE AT FOREST CREEK Union Co., NC DELINEATION MAP — WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION ***NCDEQ VERIFICATION 8/28/18*** INT STR B -140 LF -NCDEQ Verification 8/28/18 -USACE Verification 11/26/19 WET DATA FORM A 1 ***USACE VERIFICATION 11/26/19*** WETLAND A -0.09 AC WETLAND C -0.12 AC LEGEND Q Project boundary study limits l'V Stream © Wetland 0 Landscape phota'direction The Preserve at Forest Creek Union Co. NC Project Area MOW base ?run 2015 Scale- i.5.660 - Cwdours 5 R FEet o saD Drawn By: NRN Reviewed By: LSR DATE: 2/23/18 Updated 11/26/19 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01646 County: Union U.S.G.S. Quad: NC- Catawba NE NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Waxhaw Ventures, LLC Marcus Arroyo Address: 2593 W. Roosevelt Boulevard, Suite 201 Monroe, NC 28110 Telephone Number: 704-238-9700 E-mail: marcus(a,typarrealty.com Size (acres) 273 Nearest Town Waxhaw Nearest Waterway Rone Branch River Basin Upper Pee Dee USGS HUC 03050103 Coordinates Latitude: 34.9136 Longitude: -80.7544 Location description: The review area is located on the east and west sides of Waxhaw Crossing Drive; approximately 0.9 miles north of the intersection of Waxhaw Crossing Drive and Sims Road. PINs: 05144005, 05117012, 05117013A, 05117013, d 05114029. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Printed Date of 12/08/2017. 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 11/26/2019. 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. SAW-2019-01646 ❑ 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 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 (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or b ryan.roden-revnolds(a,u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 12/3/2019. 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 an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official. RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2019.12.0314:17:43-05'00' Date of JD: 12/3/2019 Expiration Date of JD: Not applicable SAW-2019-01646 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/cmapex/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: daniel.kuefler@wetlands-epg.com Threatened & Endangered Species Report a--+ L O Q cc v) a) u a) Q cn 75 aV s_ aV 01 C (11 75 C w 06 75 aV C aV "ICES' s_ H WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: The Preserve at Forest Creek Union County, North Carolina By: Lisa R. Gaffney Field investigation conducted during the weeks of November 16, 2020; November 23, 2020; and October 22, 2021. Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. ca m www.wetlands-cpg.coni Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Preserve at Forest Creek project is 272.79 acres located just east of Rehobeth Road, and just north of Sims Road in Union County, North Carolina. It can be found on the Catawba NE and Waxhaw USGS Topographic Quadrangle Maps; latitude is 35.9108 N, longitude is -80.7487 W. The site is primarily covered with mixed pine/hardwood forest. It has dirt and gravel roads and trails traversing it. Rone Branch and tributaries run through the site. There are sanitary sewer line rights -of -way, as well as power line rights -of -way in the northern section of the site. The topography is moderately sloped with the elevation ranging from 560 to 700 ft. (Figures 1-4). Figure 1: Jf; U5G5 QUAD Catawba NE/VJaxhaw, NC SCALE 1:24,000 ACRES 272.79 • LOCAn ON Lat: 35.9108 °N Long:-80.7487 RW HUC: 03050103 TW ELV EMI LE FIGURE NO.i s TFE PRESERVE AT FOREST CREEK Union Co., NC Drawn By LRG Reviewed By LSR Wctlaxi ri EnvIronrwnGl Nxnirg Grote Lwnuc 5. illncner. rLLC. Inn rtnrnerpw'erlanio-elprnn 7C4] 9C1. Z177 .rirw.rrcdrnanepp..c om USGS MAP EXISTING CDNORIDNSSTOOY DATE: u/13/20 WEPG 400834 2 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation Figure 2: VICINTIY MAP rt WaNhaw 1 • � I w ♦ a • ♦ «' SimS t15 4 �Y oR e Marvin 41 Mineral Springs !'6 HOyvie' Wai-chivv Van Wyck in ♦Oyhav Firs Rd ♦ ♦ ♦ ♦♦ D\ 3 1 PROJECT BOUNDARY • CA Ax STUDY LIMITS Unkon Wax -haw all- FIGURE NO.2 iA ■ Wetlands and Enulronmoncal Planning Group Leonard S. Rindner, PLLC. kn.n ndner@wedands•epg.tom (709) 904-2277 www,wedands-epg.corn THE PRESERVE AT FOREST CREEK Union Co., NC Drawn By: LRG Reviewed By: LSR VICINITY MAP EXISTING CONDITIONS STUDY DATE: 11/13/20 WEPG.834 3 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation Figure 3: AERIAL MAP FIGURE N O. 4 LA Wetlands ard Ermarimertal Pam, C.• THE PRESERVE AT FOREST CREEK Union Co., NC Drawn B y: LRG Reviewed B y: LSR Leonard S. Rin4ricr. PLLC len.ruidneraweriamis.apg.corn (704)904-2277 wvori.werdarldsikpg.tocr WEPG400834 AERIAL MAP EXISTING CONDITIONS STUDY DATE: ILI 3/20 4 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation Figure 4: PUBLISHED SOIL MAP r 1 �Cr J I i r k J f (0,22X ,r14C: f767 Y, a„y C#C2 R a axhaw PROJECT BOU N D{4 RY STUDY UMITS t�f] • fa': Err. / I 0,2 • n tsslw (t'C•r ti FAG Map Urll 9y.iLcl Map VnLL Mar.. Attu. inF.01 Parton of A01 AAR A War-APFILL1.n-Lnpina 21. A Darren- slDPaa F ..1 2 1 it Cali? r:nre arewey sxere rimy wsan. ''to R n..ra.f .slry.u, mrvtirnfwly onlenn r:. R 71 I* eac2 acid ar.. ar y mild, =w loam, ;m 15nerranr wnfwa, mrvwrsnny Amin se-- 52.23E CAA Chawacta sal loam. 010 2 nrr 0alp.s. limp Molly :ICrxtwrl i'i.3 9.1 A GAB G.r:r 4.rl la ar learn. 2 ea 8 7-2 2.534 GT32 G.cra.ri4ld rikr uuy lumrr, 240 3 parcort r:cpws, Jarial, arccac 18.E 3.2% PaE2 Farvlclrandr :irr, Iw.n. 16 s 10. yen rla..0 Wec. •rxnlw at.ly .1.4.1 32-6 11.3d6 "het -Ell ru.w a,Nlyldsy rxxv;urn, 2 Lo 6 pr.rmit .hqa. s, vod.ralay.rndnd 7.4 2.7% ThC2 Tar rus 0 wordlydYN clav'urrl. 3 to 16 w ax1l uIopoo. ".xxlw,hsIy a ydad 27.4 6.5%. vas. wynoe dower). 1691r, 21a 8 m..irc ws 1C-4 275.7 3.334 150.2' ramla 'er Area o1Ir tlleal FIGURE NO.5 THE PRESERVE AT FOREST CREEK Union Co., NC Drawn By: LRG Reviewed By: LSR Wetlands and Environmental Planning Croup Leonard $- Rindner, PLLC. I e n. ri n d n e r O we t la n d s- epg.e an [784j 904--2277 www.watlandt-epg.com NRCS PURLISEI-I SOILS MAP EXISTING CONDITIONS STUDY DATE: 11/11/20 WE P G #00834 5 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https://ipac.ecosphere.fws.gov/location/3LX7XBQFPJECROJQX52E7MOW5Y/re sources was referenced to determine the occurrence of Threatened, Endangered and Protected species for Union 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 November 16, 2020; November 23, 2020; and October 22, 2021. Table 1: Threatened / Endangered / Protected Species listed for The Preserve at Forest Creek site in Union County County: Union, NC *Source: US Fish & Wildlife Service **Data search on November 13, 2020 **updated October 22, 2021 Group Name Status Clams Carolina heelsplitter Endangered (Lasmigona decorate) Flowering Schweinitz's sunflower Endangered Plants (Helianthus schweinitzii) Flowering Michaux's sumac (Rhus Endangered Plants michauxii) Birds Bald Eagle (Haliaeetus Protected under the Bald leucocephalus) and Golden Eagle Protection Act WE P G #00834 6 Wetlands and Environmental Planning Group The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Union 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). • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Two animal species with federal protection are listed as potentially occurring in Union 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. WEPG.834 7 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation RESULTS: The site is primarily covered with mixed pine/hardwood forest. It has dirt and gravel roads and trails traversing it. Rone Branch and tributaries run through the site. There are sanitary sewer line rights -of -way, as well as power line rights -of - way in the northern section of the site The wooded slopes and stream buffers and riparian areas have scattered large tree species present with White Oak (Quercus alba), Willow Oak (Q. phellos), Post Oak (Q. stellata), Sweetgum (Liquidambar styraciflua), Virginia Pine (Pinus virginiana), Loblolly Pine (Pinus taeda), Southern Red Oak (Q. falcata), Black Oak (Q. velutina), Sycamore (Platanus occidentalis), Cottonwood (Populus deltoides), and Tulip Poplar (Liriodendron tulipifera). Subcanopy species include Redbud (Cercis canadensis), Hackberry (Celtis Laevigata), Flowering Dogwood (Corpus florida), Honey Locust (Gleditsia triacanthos), Sourwood (Oxydendrum arboreum), American Beech (Fagus grandifolia), Ironwood (Carpinus caroliniana), and American Holly (Ilex opaca). The shrub layer is dominated by Chinese Privet, but other species present include Spicebush (Lindera benzoin), Blueberry (Vaccinium sp.), Paw Paw (Asimina triloba), Strawberry Bush (Euonymus americanus), and Autumn Olive (Elaeagnus umbellata). Vines present are Catbrier (Smilax spp.), Japanese Honeysuckle (Lonicera japonica), Crossvine (Bignonia capreolata), Trumpet Creeper (Campsis radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer is sparse and includes Christmas Fern (Polystichum acrostichoides), Crane -fly Orchid (Tipularia discolor), Spotted Wintergreen (Chimaphila maculata), Dayflower (Commelina sp.), Grapefern (Botrychium sp.), River Oats (Chasmanthium Iatifolium), and Japanese Stiltgrass (Microstegium vimineum). The roadsides, sanitary sewer lines and power line rights -of -way, and transitional fringe along the edges of the field and fencerows are dominated by Fescue turf grass (Festuca sp.), and common weedy and transitional species including Blackberry (Rubus spp.), Multiflora rose (Rosa multiflora), Winged Sumac (Rhus copallinum), Dog fennel (Eupatorium spp.), Goldenrod (Solidago spp.), Plume Grass (Erianthus contortus), Indian Grass (Sorghastrum nutans), Broomsedge (Andropogon virginicus), Johnson grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Sourgrass (Rumex acetosella), Ragwort (Packera sp.), Ragweed (Ambrosia sp.), Indian Hemp (Apocynum cannabinum), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), and Dogfennel (Eupatorium capillifolium). WEPG.834 8 Wetlands and Environmental Planning Group The Preserve at Forest Creek Threatened / Endangered / Protected Species Evaluation Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadsides, utility rights -of -way, transitional areas and woods edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • All potential habitats for Michaux's Sumac along the roadsides, utility rights -of -way, transitional areas and woods edges were examined, and the species was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii) does not occur on the site. • There is no Bald Eagle habitat on site, and no eagles or eagle's nests were observed. No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. WEPG concludes Bald Eagle (Haliaeetus /eucocepha/us) does not occur on the site. • Based on existing documentation, Carolina Heelsplitter populations have not been identified within this basin. WEPG concludes Carolina Heelsplitter (Lasmigona decorata) does not occur on the site. 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, R Lisa R. Gaffney Biologist November 24, 2021 WEPG400834 9 Wetlands and Environmental Planning Group The Preserve at Forest Creek 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. WE P G #00834 10 Wetlands and Environmental Planning Group 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: 770-345-0706 - Fax: 770-345-0707 January 18, 2021 Mr. Daniel Kuefler Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature and Records Search The Preserve at Forest Creek Development Tract Waxhaw, Union County, North Carolina R.S. Webb & Associates Project No. 20-649-127 Dear Mr. Kuefler: BACKGROUND During November 2020, R.S. Webb & Associates conducted a cultural resources literature and records search for the Preserve at Forest Creek development tract near Waxhaw, Union County, North Carolina. The study tract is located east of Rehobeth Road and north of Sims Road, south and southwest of the town of Waxhaw in southwest Union County, North Carolina on the USGS Catawba NE and Waxhaw, North Carolina 7.5-minute quadrangle maps (Figure 1). A "cultural resource" is defined as a discrete area of human activity that is more than 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, historic landscape features, and other features resulting from historic human activity. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area and if any of the resources are listed in, or considered eligible for, the National Register of Historic Places (NRHP). METHODOLOGY Literature and Records Search: Through the State Historic Preservation Office's (SHPO) HPOWeb database, information regarding National Register of Historic Places (NRHP) properties, Union County surveyed -only historic resources, other surveyed properties or resources, state Study List sites, and/or historic resources that have been given a determination of eligibility (DOE) was reviewed and collected. 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 photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/, and Alab amamaps .ua. edu. Note: The North Carolina Office of State Archaeology (OSA) was closed to the public and to consultants on March 17, 2020 due to COVID-19 restrictions. However, OSA provided RSWA with limited information via email regarding archeological sites within 1.0 mile of the project area. Site information includes site forms, location maps and partial or full reports. Findings - Cultural Resources Literature and Records Search, Preserve at Forest Creek Development Tract Page 2 January 18, 2021 The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: 1907 Miller Map of Union County 1910 Rural Delivery Routes on Union County 1914 USDA Soil Map, Union County Sheet 1930,1936,1940,1953, 1962,1967, 1968,1972 and 1980 State Highway and Public Works Commission Map of Union County (individual buildings depicted on 1938 and 1967 maps only) 1956, 1965 and 1969 aerial photographs of Union County 1968 USGS Catawba, North Carolina 7.5-minute quadrangle map 1970 USGS Waxhaw, North Carolina 7.5-minute quadrangle map Google Earth aerial imagery, 1993-present. RESULTS Previous Cultural Resources Investigations: According to data provided by the OSA, there have been at least two previously planned and/or performed cultural resources investigation projects conducted within 1.0 mile of the current project tract. One of these projects, Cooper (1977), included an investigation of an area located east of Rehobeth Road, within or near the study tract (Figure 1), but the full report and survey maps were not available for review. National Register of Historic Places: The HPOWeb online database indicates one NRHP-listed historic property, the Waxhaw Historic District, located within 1.0 mile of the project area. Historic district boundaries are approximately 2,400 feet north and northeast of the study tract (Figure 1). State Study List Properties and Properties Determined -Eligible for the NRHP: The HPOWeb online database shows several Study List and Determined -Eligible resources located within and northeast of the NRHP-listed Waxhaw Historic District boundaries, from approximately 3,000 feet to 4,500 feet northeast of the study tract. Union County Historic Resources: The HPOWeb database indicates numerous recorded historic resources located within 1.0 mile of the project area, 17 of which are south and southwest of Waxhaw and beyond historic district boundaries. The closest of these resources, Resources UN- 1113 and UN-1114, are situated on either side of Rehobeth Road, approximately 1,000 feet northeast of the study tract (Figure 1). There is also a recorded historic resource, Resource UN-13 (1982), located south of Sims Road, approximately 1,400 feet east of the project area (Figure 1). OSA-Recognized Archeological Sites: According to OSA data, there are five recorded archeological sites located within 1.0 mile of the project tract, two of which are cemeteries (31UN428 and 31 UN429) identified in 2020 for which locations and other details are as yet unknown to OSA. One recorded site, 31UN244, is known to be located within 1,000 feet of the study tract (Figure 1). The site was reported to an archeologist working on a sewerage treatment site within the current project area in 1977 (see location of "Cooper 1977" on Figure 1). Based on the recollections of a "Mr. Walker" (private collector), 31UN429 was located near the current western project area boundary. Artifacts included late-Paleoindian and Early Archaic bifaces/projectile points (Clovis, Hardaway - Dalton and Palmer), based on information from the circa 1999 site form. The official OSA site Findings - Cultural Resources Literature and Records Search, Preserve at Forest Creek Development Tract Page 3 January 18, 2021 location map shows 31UN429 on the west side of a creek and beyond the current western project area boundary (Figure 1). Historic Cemeteries: Historic maps and aerial photographs show no cemeteries located within or adjacent to the project area. The closest known cemeteries are approximately 2,100 feet southeast (Piney Grove Church Cemetery) and north (Waxhaw City Cemetery) of the study tract (Figure 1). Revolutionary War Actions/Features: There was one Revolutionary War battle, potentially, that occurred in Union County. South Carolina Governor John Rutledge escaped Charleston as the British laid siege to the town in late March -early May, 1780. British cavalry under command of Lieutenant Colonel Banastre Tarleton and troops led by Colonel Abraham Buford clashed at the Battle of Waxhaws on May 29, 1780, somewhere near the boundary between Union County, North Carolina and Lancaster County, South Carolina. The British won the day, but Buford and Rutledge escaped and for the remainder of the war "Tarleton's Quarter" meant no mercy and "Buford's Massacre" became a rallying cry for the Americans (Powell 1989, Lewis 2020). Civil War Actions/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 present-day Union 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 County, South Carolina, but his army then turned northeast and moved toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project region to the south and east (Davis et al. 1983). Structures and Features on Maps and Aerial Photographs: Maps of Union County produced in 1907 show Waxhaw and the courses of Rehobeth Road (west), Old Waxhaw-Monroe Road (east), Sims Road (south), and Richardson King Road (west of Rehobeth Road) more or less as they currently appear. The maps show no buildings located along the east side of Rehobeth Road, at or near the project area, and one building (E.J. Sims place) located north of Sims Road, near the south project area boundary (Figure 1). Maps produced in 1910 and 1914 also show the primary routes surrounding the project area, as well as secondary roads passing from Sims Road to Rehobeth Road via the west part of the project area and from Sims Road to Waxhaw via the east part of the project area; one building each are also shown in or near these sections of the project area (Figure 1). The 1938 county highway map shows two buildings located east of Rehobeth Road and north of Sims Road, near the project area (Figure 1). The county highway map produced in 1967 indicates increased development along the east side of Rehobeth Road, in or near the project area (as depicted in Figure 1), and little change to the distribution of buildings along Sims Road to the south. Aerial photographs taken in 1956 show the primary and secondary roads located in and near the project area. One additional road leads east from Rehobeth Road to a cultivated area and a house located in the southwest part of the study tract (Figure 1). Other isolated cultivated areas located along secondary roads within the project area do not appear to have associated dwellings as of 1956. Aerial photographs from 1965 and 1969 show a decline in cultivation and a corresponding increase in wooded land within the study tract. Two cultivated areas within and near the south and west project area boundaries remained in cultivation through 1969 (as depicted in Figure 1). Findings - Cultural Resources Literature and Records Search, Preserve at Forest Creek Development Tract Page 4 January 18, 2021 CONCLUSIONS Literature Search: There are no NRHP-listed properties, known archeological sites or recorded historic resources located within the project tract. A potential Late Paleoindian-Early Archaic site (31 UN244) was reported by an avocational archeologist south of Rone Branch near but beyond, the current western project area boundary. Maps and aerial photographs indicate relatively sparse human occupation and use of the project area during the 20th century, though three building locations appear to have been within the study tract. CLOSING COMMENTS Mr. Kuefler, 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 ASSOC Robert S. (Steve) Webb President and Senior Principal Archeologist Attachment: Figure 1 REFERENCES 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. Lewis, J.D. 2020 "Maps of Revolutionary War Battles/Skirmishes in North Carolina." The American Revolution in North Carolina. Internet -Online. Found at: https://www.carolana.com/ NC/Revolution/home.html. Accessed November 13, 2020. Powell, W.S. 1989 North Carolina Through Four Centuries. University of North Carolina Press, Chapel Hill and London. S. C. QUADRANGLE LOCATION Approxhnate Locatti "of Studyjract (Cooper;,1977) Rehobeth Road �•I 3i;UN244 I• • i UN-13 ---(1982) E.J. Sims Place C., 5O -y / • Waxhaw City • . Cemetery Z Piney Grove_ i Church • Cemetery ■ ■ finny f, n r 'I! ■ �. 692 • ■ 1 '(C+M ,f 64) t�Ii2 A Building Locations on Maps and Aerial Photographs • Recorded Historic Resource (Surveyed Only) Recorded Archeological Site Road on Historic Maps Map Reference: 7.5-Minute USGS Quadrangles Scale Catawba NE, SC -NC (1968, PR 1988) and 0 610 meters Waxhaw, NC (1970) 0 2000 feet Figure 1 Map Showing Project Area, Previous Project and Cultural Resource Locations