20190515 Ver 3_Modification Request_20220630

Staff Review Form
NORTH CAROLINA
EnNmnmenfei Qea(Uy
Updated September4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20190515
Version* 3
Is this project a public transportation project?*
Reviewer List: * Doug Perez:eads\djperez
Select Reviewing Office: *
Yes
No
Mooresville Regional Office - [phone]
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
4/22/2022
Project Contact Information
Name: Aliisa Harjuniemi
Who is submitting the information?
Email Address: [e-mail]
Project Information
Existing ID #:
DWR#19-0515
20170001 (no dashes)
Project Name: Nolen Farm - Horsley Property
Is this a public transportation project?
Yes
No
Existing Version:
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
J Yes .s No `, Unknown
County (ies)
Gaston
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Cover Letter and Attachments A-G.pdf
Pre -Construction Notification (PCN) Form (14).pdf
Pre-File4.22.22.pdf
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
11.21 MB
311.51 KB
40.71 KB
Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Sign and Submit

By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, 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 agree that submission of this online 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 online form.
Signature:
Submittal Date: Is filled in automatically.

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
Date: April 5, 2022
To: Ms. Krystynka Stygar
U.S. Army Corps of Engineers, Charlotte Regulatory Office
Mr. Douglas Perez
NCDWR, 401 & Buffer Permitting Unit
Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Nolen Farm - Horsley Property (SAW-2022-00247)
Gastonia, North Carolina
CWS Project No. 2021-0140
Dear Ms. Stygar and Mr. Perez,
The Nolen Farm - Horsley Property site is approximately 20 acres in extent and is located northwest of the
Airport Road and Union Road intersection in Gastonia, North Carolina (Figures 1 and 2, Attachment A).
Suncrest Real Estate & Land has contracted Carolina Wetland Services, Inc. (CWS) to provide Section
404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment
B).
CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army
Corps of Engineers for proposed impacts to the jurisdictional waters of the U.S. associated with developing
the property into a residential development.
The proposed project neighbors the Presley Site that is currently under construction (SAW-2018-01806,
DWR#19-0515). The cumulative impacts between these projects are below Nationwide Permit and
mitigation thresholds.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-8
Attachment B - Agent Authorization Form
Attachment C - Preliminary Jurisdictional Determination (SAW-2022-00247)
Attachment D - Proposed Impacts
Attachment E - Alternative Site Plan
Attachment F - Protected Species Assessment
Attachment G - SHPO Letter
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this request.
Sincerely,
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager

Nolen Farm - Horsley Property April 5, 2022
Attachments CWS Project No. 2021-0140
ATTACHMENT A:
Figures 1-8

Kentucky
State Location Extent
7nim
Virginia
Tennessee ������ �■,�
*AIM North -Carolina **
4trisofii,
%Ai
40,
South Carolina
Georgia
FIRave,aarn ,' nPtlt
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2020.
SCALE
1 inch = 5,000 feet
CWS PROJECT NO:
2021-0140
COORDINATES:
35.179224, -81.11926
ti
40
10/21/2021
DRAWN BY:
ALH
CHECKED BY:
AVH
Cr ant r.r‘a
a
a
O 6
m o
S tea
A�z Pa
RTh
CARc7L+NA a
Sr.) CAR; l31,4A
CAR❑LINA
+,1+ ETLAND SERVICES
a
Union µKM •
7
a3
Legend
Project Limits (20 ac.)
�Fk
5,000 2,500
0
5,000 Feet
Vicinity Map
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\Preliminary Wetland Investigation\ArcGIS\Figurel_Vicinity.mxd

CP
D ORC+Ir
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NORTH - \.$
CAROLINA
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BELMONT, NC (2019).
r
e
Legend
Project Limits (20 ac.)
2,000 1,000
0
2,000 Feet
SCALE:
1 inch = 2,000 feet
DATE:
10/21/2021
CWS PROJECT NO:
2021-0140
DRAWN BY:
ALH
COORDINATES:
35.179224, -81.11926
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
USGS Topographic Map
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
2
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\Preliminary Wetland Investigation\ArcGIS\Figure2_Topo.mxd

v •r
yr•
•
b
,,,.. .. ;i
440,
A
e
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2021.
4
•
•
.,..1 #44,
Legend
1 Project Limits (20 ac.)
Roads
Tax Parcels
200
100
0
200 Feet
SCALE:
1 inch = 200 feet
DATE:
11/22/2021
CWS PROJECT NO:
2021-0140
DRAWN BY:
ALH
COORDINATES:
35.179224, -81.11926
CHECKED BY:
AVH
k\(
CAROLINA
WETLAND SERVICES
Aerial Map
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
3
G:\Shared drives\Consulting Team Drive\ 2021 \2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\JD\ArcGIS\Figure3_Aerial.mxd

lrirr
Soil Unit Name and Description-lydric
Coverage (%)
CeB2
Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded
No
44.4
CeD2
Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded
No
38.3
PaE
Pacolet sandy loam, 15 to 25 percent slopes
No
11.8
W
Water
N/A
5.5
Total Coverage
100
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF GASTON COUNTY, NC, DATED 2021.
SCALE:
1 inch = 2,000 feet
CWS PROJECT NO:
2021-0140
COORDINATES:
35.179224, -81.11926
DATE:
12/6/2021
DRAWN BY:
ALH
CHECKED BY:
AVH
eD2J
HeB
WV
B
CAROLINA
WETLAND SERVICES
dB
Ch �` N
o
WnD
•�� WnD
Legend
Project Limits (20 ac.)
Roads
%j�it'Mt
go
2,000 1,000
0
2,000 Feet
USDA-NRCS Web Soil Survey
of Gaston County
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
4
G:\Shared drives\Consulting Team Drive\ 2021 \2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\JD\ArcGIS\Figure4_Current.mxd

•
Y
4
Cali
,ni
%Eb2
CeD2
CeD2
Coe 2
CHI
Airport Road
Soil Unit Name and Description
CeB2
CeD2
PaE
Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded
Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded
Pacolet sandy loam, 15 to 25 percent slopes
Iwo
W Water N/A 1
REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF GASTON COUNTY, NC, SHEETS 7 AND 8, DATED 1989.
• Union New Hope Road
Hydric
No
No
No
Union Road
tw3E,1 /
Wilson Farm Road
a8 rggi
h Yas7
SCALE:
1 inch = 2,096 feet
CWS PROJECT NO:
2021-0140
COORDINATES:
35.179224, -81.11926
DATE:
11/22/2021
DRAWN BY:
ALH
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
ry
GAB
CeB7
GAD
r•
2,000 1,000
0
vit%
CeD2
r„B
2,000 Feet
USDA-NRCS Published Soil Survey
of Gaston County
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
5
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\JD\ArcGIS\Figure3_Historic.mxd

NORFOLK PINE
BUCKTHORNE CT
r-
0
z
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021. BACKGROUND LAYER(S)
PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2021.
SCALE
1 inch = 1,000 feet
DATE
11/24/2021
CWS PROJECT NO:
2021-0140
DRAWN BY:
ALH
COORDINATES:
35.179224, -81.11926
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
Legend
e
q
Project Limits (20 ac.)
Roads
National Wetland Inventory
Freshwater Pond
Riverine
National Wetland Inventory
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
6
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\JD\ArcGIS\Figure6_NWI.mxd

Legend
QNolan Farm (20 ac.)
Roads
Flood Hazard Zones
Zone Type
1% Annual Chance Flood Hazard
Var. Regulatory Floodway
/415, Special Floodway
Area of Undetermined Flood Hazard
0.2% Annual Chance Flood Hazard
Future Conditions 1 % Annual Chance Flood Hazard
Area with Reduced Risk Due to Levee
Var. Area with Risk Due to Levee
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT,
DATED 2021. FEMA NATIONAL FLOOD HAZARD LAYER PROVIDED BY FEMA, DATED 2007 AND 2008.
300
150
0
300 Feet
SCALE:
1 inch = 300 feet
DATE:
11/22/2021
CWS PROJECT NO:
2021-0140
DRAWN BY:
ALH
COORDINATES:
35.179224, -81.11926
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
FEMA National Flood Hazard Map
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
7
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\JD\ArcGIS\Figure7_FEMA.mxd

Pond A
1.17 acres
Wetland AA
0.55 acre
0
W1 S CP1
o
co
/1
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON
COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: JURISDICTIONAL WATERS OF THE U.S. VVERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON NOVEMBER 23, 2021. JURISDICTIONAL FEATURES VVERE
FIELD VERIFIED BY THE USACE ON FEBRUARY 22, 2022 (SAW-2022-00247).
1 III
Intermittent Stream A
806 If
Legend
QProject Limits (20 ac.)
Intermittent Stream
® Forested Wetland
Freshwater Pond
Roads
Tax Parcels
SDP Data Point
SCP Stream Classification Point
< Indicates Flow
41+ Photo Location and Direction
200 100 0
200 Feet
SCALE:
1 inch = 200 feet
CWS PROJECT NO:
2021-0140
COORDINATES:
35.179224, -81.11926
DATE:
2/23/2022
DRAWN BY:
ALH
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
FIGURE NO.
Jurisdictional Boundaries
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
8
G:\Shared d .ves\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\JD\ArcGIS\Figure8_JD(REVISED).mxd

Nolen Farm - Horsley Property April 5, 2022
Attachments CWS Project No. 2021-0140
ATTACHMENT B:
Agent Authorization Form

DocuSign Envelope ID: 37354C95-7644-4F40-85AB-441 EC5FA75F0
U.S. Army Corps of Engineers — Wilmington District - Regulatory Division
AGENT AUTHORIZATION
I. PROJECT/SITE INFORMATION
Site Name: Nolen Farm - Horsley Property
Property Identification Number(s): 212362 and 214193
II. REQUESTOR AUTHORIZATION
I, the undersigned, Casey Werner ,hereby authorize Aliisa Hariuniemi , to act on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shall have the same effect as acts of my own.
OocuSigned by:
LAS(.1 UJ p r
CCCB$BBFO AB4ED...
Signature
4/12/2022
Date
Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area
subject to federal jurisdiction under the regulatory authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made
available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved
jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor
can a jurisdictional determination be issued.
January 2020

Nolen Farm - Horsley Property April 5, 2022
Attachments CWS Project No. 2021-0140
ATTACHMENT C:
Preliminary Jurisdictional Determination
(SAW-2022-00247)

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00247 County: Gaston U.S.G.S. Quad: NC -Belmont
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Suncrest Real Estate & Land
Casey Werner
2701 EastCamelbackRoad# 180
Biltmore Park, AZ 85016
630-363-6401
[e-mail]
20
Catawba Creek
03050101
Location description: Project is located Northwest of the
County,North Carolina. PIN(s): 212362 and 214193
Indicate Which of the Following Apply:
A. Preliminary Determination
Nearest Town Gastonia
RiverBasin Santee
Coordinates Latitude:35.179224
Longitude: -81.11926
intersection of Union Road and Airport road in Gastonia, Gaston
There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters 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 2/23/2022. 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 allwaters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictionalwaters 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, y ou m ay request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
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 allof the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommendthatyouhave the waters 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 consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above de scribed project area/property subjectto the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe 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 waterson the above de scribed project area/property subjectto the permit requirements of Section 404 ofthe Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination m ay be
relied upon for a periodnotto exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑ The waters on y our 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 delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2022-00247
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 periodnotto exceed five years.
❑ The waters 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 y ears from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, pre sent on the above de scribed project area/property which are subjectto the
permit requirements of Section404 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 notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalManagementin Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fillmaterialwithin waters of the US, including wetlands, without a Department ofthe 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 ofthe 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
regardingthis determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
kry stynka.b.sty gar(Ousac e.a rmy.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 02/23/2022.
D. Remarks: See approximate jurisdictional features on map, "Nolen Farm- Horsley Property" 02/23/2022
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 ofthe Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA program s, you should request
a certified wetland determination from the local office of the Natural Re sources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a NotificationofAppealProcess (NAP) fact sheet and Request forAppeal(RFA) form. Ifyourequest to appeal this
determination you m ust submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, FloorM9
Atlanta, Georgia 30303-8803
AND
PH I L I P.A. [e-mail]
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 o f 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 anRFAform to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 02/23/2022 ExpirationDate ofJD: Not applicable

SAW-2022-00247
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: Carolina Wetland Services
Megan Bollero
Address: 550 E Westinghouse Blvd
Charlotte. NC 27273
Telephone Number: 757-576-6433
E-mail: megan(u)cws-inc.net
Property Owner: COMPANY NAME
Andrew and Beth Horsley
Address: 18 Circle Drive
Belmont, NC 28012
Telephone Number: 630-363-6401

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: SuncrestReal Estate & Land, Casey Werner
File Number: SAW-2022-00247 Date: 02/23/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
0
PRELIMINARY JURISDICTIONAL DETERMINATION
E
ISECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional inform ation may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address allof your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued a s previously written. After
evaluating your objections, the district engineer will send you a proffered permit for yourreconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may acceptor appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit under the Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appealthe approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe y our rea sons for appea ling the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appealconference ormeeting, and any supplemental information that the review officerha s determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide a dditional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appealprocess you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
If you only have questions regarding the appealprocess you may
also contact:
MR. PHILIP A. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX[phone]
EMAIL: [e-mail]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive park Drive, Suite
615, Charlotte, North Carolina 28262
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Co mmander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 02/23/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Suncrest Real Estate & Land, Casey Werner,
2701 East Camelback Road # 180, Biltmore Park, AZ 85016
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Nolen Farm -Horsley
Property, SAW-2022-00247
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located Northwest of the
intersection of Union Road and Airport road in Gastonia, Gaston County, North Carolina. PIN(s): 212362 and
214193
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Gastonia
Center coordinates of site (lat/long in degree decim al form at): Latitude: 35.179224 Longitude: -81 11926
Universal Transverse Mercator:
Name of nearest waterbody: Catawba Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
Z Field Determination. Date(s): February 22, 2022
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e., wetland
vs. non -wetland
waters)
Geographic
authority to
which the aquatic
resource"may
be" subject (i.e.,
Section 404or
Section 10/404)
Wetland AA
35.178306
-81.119104
0.55 acre
Wetland
Section 404
Stream A
35.180135
-81.118854
806 LF
Non -wetland waters
Section 404
Pond A
35.179006
-81.118823
1.17 acre
Non -wetland waters
Section 404
1. The Corps of Engineers believes that there may bejurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after

having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subjectpermit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative orjudicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
Z Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: CWS for Suncrest Realty & Land
Z Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑ Office concurs with data sheets/delineation report.
❑ Office doesnotconcurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
▪ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
ZU.S. Geological Survey map(s). Cite scale & quad name: Figure 2, USGS Topo Map dated 2019
®Natural Resources Conservation Service Soil Survey. Citation: Figure 4 & 5 dated 2021 and 1989
ZNationalwetlands inventory map(s). Cite name: Figure 6, National Wetland Inventory, Dated 2021
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 7, FEMA NFHL Map, Dated 2007 & 2009
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: Z Aerial (Name & Date): Figure 3, Dated2021
or Z Other (Name & Date): Photographs 1-5 dated November 23. 2021
❑ Previous determination(s). File no. and date of response letter:
Z Other information (please specify): NCDEO Stream Form
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff membercompletingPJD
02/23/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

Pond A
1.17 acres
Wetland AA
0.55 acre
0
1-
•iD P1
• D P'2
0
M
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON
COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON NOVEMBER 23, 2021. JURISDICTIONAL FEATURES WERE
FIELD VERIFIED BY THE USACE ON FEBRUARY 22, 2022 (SAW-2022-00247).
/ I
'41O
t‘k 444
4.t**
200 100
40t 4"°
N
Intermittent Stream A
806 If
C
Legend
QProject Limits (20 ac.)
Intermittent Stream
MIForestedWetland
Freshwater Pond
Roads
Tax Parcels
ODP Data Point
A SCP Stream Classification Point
< Indicates Flow
NPhoto Location and Direction
0
\\\
\ y
200 Feet
SCALE:
1 inch = 200 feet
CWS PROJECT NO:
2021-0140
COORDINATES:
35.179224, -81.11926
DATE:
2/23/2022
DRAWN BY:
ALH
CHECKED BY:
AVH
ik‘
CARO LI NA
WETLAND SERVICES
FIGURE NO.
Jurisdictional Boundaries
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
8
G:\Shared d ves\Consulting Team Drive \2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property \JDWrcGIS\Figure8_JD(REVISED).mxd

Nolen Farm - Horsley Property April 5, 2022
Attachments CWS Project No. 2021-0140
ATTACHMENT D:
Proposed Impacts

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PRESLEY - HORSLEY PROPERTY
± 20.0 AC
± 6.93 AC
± .032 AC
60
5' FRONT
3' SIDE
20' BACK
214193
212362
SITE PLAN WITH HORSLEY SURVEY
SUNCREST REAL ESTATE & LAND
Project No. 4561 Issued03.16.22
SCALE- 1"40.
ED.

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SITE SUMMARY:
SITE AREA:
DEVELOPED AREA:
DISTURBED WETLAND:
TOTAL UNITS:
LOT DIMENSIONS:
PAD DIMENSIONS:
SETBACKS:
j'.
± 20.0 AC
± 6.93 AC
± .032 AC
60
30'Wx 100'L
24'Wx75'L
5' FRONT
3' SIDE
20' BACK
214193
212362
SITE PLAN WITH HORSLEY SURVEY
SUNCREST REAL ESTATE & LAND
Project No. 4561 Issued03.16.22
SCALE: 1"30'
0 15' 30' 60'
.00
EE
_

Nolen Farm - Horsley Property April 5, 2022
Attachments CWS Project No. 2021-0140
ATTACHMENT E:
Alternative Site Plan

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SITE PLAN WITH HORSLEY SURVEY
SUNCREST REAL ESTATE & LAND
Project No. 4561 Issued03.11.22
SCALE: 1"40'
0 25' 50' 100'
.00
EE
_

Nolen Farm - Horsley Property April 5, 2022
Attachments CWS Project No. 2021-0140
ATTACHMENT F:
Protected Species Assessment

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
December 7, 2021
Casey Werner, PE
Suncrest Real Estate & Land
2701 East Camelback Rd #180
Biltmore Park, Phoenix, Arizona 85016
Subject:
Dear Mr. Werner,
Protected Species Habitat Assessment Report
Nolen Farm - Horsley Property
Gastonia, North Carolina
CWS Project No. 2021-0100
Suncrest Real Estate & Land has contracted Carolina Wetland Services, Inc. (CWS) to provide
a protected species habitat assessment for the Nolen Farm - Horsley Property. The Nolen Farm
- Horsley Property is approximately 20 acres in extent and is located northwest of the Airport
Road and Union Road intersection in Gastonia, North Carolina (Figure 1, attached).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Gaston County' and Information for
Planning and Consultation (IPAC) database2. In addition, CWS performed a data review using
the North Carolina Natural Heritage Program (NCNHP) Data Explorer' on November 23, 2021 to
determine if any record occurrences of federally -listed, candidate endangered, threatened
species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS4 and
NCNHP5 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
1 United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 23, 2021. Endangered and Threatened
Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/gaston.html
2 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac/
3 North Carolina Natural Heritage Data Explorer. Accessed November 23, 2021. https://ncnhde.natureserve.org/
4 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. https://www.fws.gov/southeast/pdf/fact-sheet/north-caroling-optimal-survey-windows-for-at-risk-and-listed-plants.pdf
Accessed November 23, 2021.
5 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 6

Nolen Farm - Horsley Property December 7, 2021
Protected Species Assessment Report CWS Project No. 2021-0140
Gaston County' and aerial imagery were also reviewed for potential habitat of listed species
within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists, Megan Bollero, WPIT7 and Amie Hoy, WPIT conducted a pedestrian habitat
assessment of the project area on November 23, 2021. Potential habitats for potentially
occurring federally -protected species that were identified during the desktop review were
assessed in the field for the quality of physical and/or biological features essential to the
conservation of the applicable species. Additionally, during the pedestrian habitat assessment,
areas were reviewed for applicable federally protected species. Identification references for
natural communities include the National Land Cover Database (2011)8.
Results
Based on the NCNHP data explorer review, there are no current occurrences of federally
protected species within the project limits or within a one -mile radius of the project limits
(Attachment A). The USFWS lists four federally protected species for Gaston County (Table 1).
An official species list has not been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Nolen Farm - Horsley Property, Gaston County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
schweinitzii
Schweinitz's
sunflower
E
Current
Plant
Hexastylis
naniflora
Dwarf -flowered
heartleaf
T
Current
Animal
Myotis
septentrionalis
Northern -long-eared
bat
T
Current
Animal
Haliaeetus
leucocephalus
Bald eagle
BGPA
Current
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Three terrestrial community types were identified within the project area during the field survey.
These community types consist of undeveloped forest, woody wetlands, and sewer line
Right -of -Way (Figure 3). Of the identified on -site community types, the forested areas and
sewer line Right -of -Way are considered potential habitat for federally threatened or endangered
species that could potentially occur within the project limits. A brief description of each species
habitat requirements and determination of effect findings are listed below by species.
6 United States Department of Agriculture, 2021. Web Soil Survey of Gaston County, North Carolina. Accessed
11/23/2021. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program
8 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_leg.php
Page 2 of 6

Nolen Farm - Horsley Property December 7, 2021
Protected Species Assessment Report CWS Project No. 2021-0140
Schweinitz's sunflower (Helianthus schweinitzii)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.9 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within a one -mile radius of the project. A desktop review of the site was
conducted on November 23, 2021, and determined that the Cecil and Pacolet soil series
that have known Schweinitz's sunflower populations are found within the project limits.
The sewer line Right -of -Way within the project limits are too frequently maintained to be
supportive habitat (Photographs 1 and 2). The majority of the site is forested which does
not provide adequate sunlight to support Schweinitz's sunflower (Photograph 3). No
individuals of this species were observed. This assessment was completed outside the
optimal survey window for this species. Due to the lack of potential habitat, CWS
concludes that the project will have no effect on the Schweinitz's sunflower.
Dwarf -flowered heartleaf (Hexastylis naniflora)
Habitat Description:
Dwarf -flowered heartleaf is endemic to the western Piedmont and foothills of North and
South Carolina. This herbaceous evergreen is found in moist to rather dry forests along
bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and
ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as
Pacolet, Madison, and Musella, among others. Occurrences are generally found on a
north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain
Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the
most viable occurrences. However, less viable remnant occurrences are found in
disturbed habitats, including logged, grazed, mown, and residential/commercial
developed lands; areas converted to pasture, orchards, and tree plantations; roadside
rights -of -way; and on upland slopes surrounding man-made ponds or lakes.10
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project. The desktop
9 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr1852.pdf.
10 North Carolina Department of Transportation NRTR Guidelines for Consultants. T&E Animal and Plant Habitat Descriptions.
https://connect.ncdot.gov/resources/environmental/pages/environmental-compliance-guides.aspx
Page 3 of 6

Nolen Farm - Horsley Property December 7, 2021
Protected Species Assessment Report CWS Project No. 2021-0140
review and field survey assessment determined that the Pacolet soil series associated
with the dwarf -flowered heartleaf is found in the north -central portion near Stream A,
which could be potential habitat (Figure 3; Photograph 3). However, species commonly
associated with the dwarf -flowered heartleaf, such as mountain -laurel (Kalmia latifolia),
were not observed on -site. No individuals of the Hexastylis genus were observed within
this area. Due to lack of observation, CWS concludes that the project will have no
effect on the dwarf -flowered heartleaf.
Northern Iona -eared bat (Myotis septentrionalis)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, or structures that mimic similar conditions such as culverts greater than
48-inch in diameter." The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. No culverts greater
than 48-inch were observed within the study area.
The Nolen Farm - Horsley Property is within range of the NLEB12. However, there are no known
hibernaculum within 0.25 miles from a site and no known occupied maternity roost within 150
feet.
In accordance with the final 4(d) rule (effective as of February 16, 2016), any incidental take that
may result from associated activities is exempt under the 4(d) rule. Therefore, the project as
proposed is exempt under the 4(d) rule.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,13 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle
includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs,
rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on November 23, 2021 using 2021 color aerials. The
on -site freshwater pond is potentially large enough and sufficiently open to be considered a
potential feeding source. According to the NCNHP database, there are no current occurrences
of this species within 1.0 mile of the project study area. No bald eagles or bald eagle nests
were observed within the study area at the time of the site visit. Due to the lack of observations,
CWS concludes that this project will have no effect on this species.
11 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule.
https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
12 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
13 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
Page 4 of 6

Nolen Farm - Horsley Property December 7, 2021
Protected Species Assessment Report CWS Project No. 2021-0140
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, no supportive habitat was observed
for Schweinitz's sunflower or dwarf -flowered heartleaf. Suitable habitat was observed for bald
eagle, but no bald eagles or bald eagle nests were observed within the study area at the time of
the site visit. CWS has concluded that activities within the project area will not directly or
indirectly jeopardize the continued existence of Schweinitz's sunflower, dwarf -flowered heartleaf,
or bald eagle.
Based on the project area location, no tree removal activities will occur within a 150-foot radius
of a known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed
within 0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take
on NLEB that may result from associated activities is exempt under the 4(d) rule and
notifications will follow the SLOPES agreement14
Biological determinations requirements for federally protected species are summarized in Table
2.
Table 2. Biological Determination Requirements Summary Table for Federally Protected Species
Scientific Name
Common Name
Federal Status*
Effect on Listed Species
Helianthus schweinitzii
Schweinitz's sunflower
E
No Effect
Hexastylis naniflora
Dwarf -flowered heartleaf
T
No Effect
Myotis septentrionalis
Northern -long-eared bat
T
Exempt
Haliaeetus leucocephalus
Bald eagle
BGPA
No Effect
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency's determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.
14 http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html
Page 5 of 6

Nolen Farm - Horsley Property December 7, 2021
Protected Species Assessment Report
CWS Project No. 2021-0140
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Bollero at 757-576-6433 or [e-mail] should you have any
questions or comments regarding this report.
Sincerely,
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Gaston County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-4)
Page 6 of 6

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Legend
Project Limits (20 ac.)
2,000 1,000
0
2,000 Feet
SCALE:
1 inch = 2,000 feet
DATE:
11/22/2021
CWS PROJECT NO:
2021-0140
DRAWN BY:
ALH
COORDINATES:
35.179224, -81.11926
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
USGS Topographic Map
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
1
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\PETS\ArcGIS\Figurel_Topo.mxd

lrirr
Soil Unit Name and Description-lydric
Coverage (%)
CeB2
Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded
No
44.4
CeD2
Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded
No
38.3
PaE
Pacolet sandy loam, 15 to 25 percent slopes
No
11.8
W
Water
N/A
5.5
Total Coverage
100
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF GASTON COUNTY, NC, DATED 2021.
SCALE:
1 inch = 2,000 feet
CWS PROJECT NO:
2021-0140
COORDINATES:
35.179224, -81.11926
DATE:
12/6/2021
DRAWN BY:
ALH
CHECKED BY:
AVH
eD2J
HeB
WV
B
CAROLINA
WETLAND SERVICES
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Project Limits (20 ac.)
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go
2,000 1,000
0
2,000 Feet
USDA-NRCS Web Soil Survey
of Gaston County
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
2
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\PETS\ArcGIS\Figure2_Current.mxd

REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: CWS CONDUCTED THE HABITAT ASSESMENT AND DELINEATION ON NOVEMBER 23, 2021.
JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE.
.r A
N�
Legend
Project Limits (20 ac.)
Ephemeral Stream
Intermittent Stream
Forested Wetland
Freshwater Pond
Roads
Tax Parcels
Indicates Flow
N Photo Location and Direction
200
100
0
200 Feet
SCALE:
1 inch = 200 feet
DATE:
12/6/2021
CWS PROJECT NO:
2021-0140
DRAWN BY:
ALH
COORDINATES:
35.179224, -81.11926
CHECKED BY:
AVH
k\(
CAROLINA
WETLAND SERVICES
Aerial Map
Nolen Farm - Horsley Property
Gaston County
Gastonia, North Carolina
FIGURE NO.
3
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\PETS\ArcGIS\Figure3_Aerial.mxd

Nolen Farm - Horsley Property December 7, 2021
Attachments CWS Project No. 2021-0140
ATTACHMENT A:
NCNHP Data Review Report

✓ 1■■
■■ ■ NC DEPARTMENT OF
U NDER NATURAL AND CULTURAL RESOURCES
■ ■u■
November 23, 2021
Amie Hoy
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Nolan Farm; 2021-0140
Dear Amie Hoy:
Roy Cooper, Governor
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
N CN H DE-16405
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
0 121 W Jo[NES STREET. RALEIGH. NC 27803 • 16.SI HAIL SERVICE cEmER. RALEIGH, NZ 2TG99
CFC 119.707.9120 • FAX 919,707.9i21

a One -mile Radius of the Project Area
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No Element Occurrences are Documented
No Natural Areas are Documented Within a One -mile Radius of the Project Area
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Nolen Farm - Horsley Property December 7, 2021
Attachments CWS Project No. 2021-0140
ATTACHMENT B:
Photopage (Photographs 1-4)

Nolen Farm-Horsley Property December 7,2021
Attachment B: Photopage CWS Project No.2021-0140
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heartleaf, facing southeast.
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Photograph 2. View of unsuitable habitat for Schweinitz's sunflower and dwarf-flowered
heartleaf, facing northwest.
Photopage 1 of 2

Nolen Farm-Horsley Property December 7,2021
Attachment B: Photopage CWS Project No.2021-0140
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heartleaf, facing southwest.
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Photograph 4. View of unsuitable habitat for Schweinitz's sunflower and dwarf-flowered
heartleaf, facing south.
Photopage 2 of 2

Nolen Farm - Horsley Property April 5, 2022
Attachments CWS Project No. 2021-0140
ATTACHMENT G:
SHPO Letter

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.
February 15, 2022
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
[e-mail]
Re: Construct Nolen Farm residential subdivision, northwest of Airport Road and Union Road
intersection, Gastonia, Gaston County, ER 22-0200
Dear Ms. Bollero:
Thank you for your letter of January 18, 2022, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
r Ramona Bartos, Deputy
(- State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

916 la,
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govNVaterResources/0/edoc/624704/PCN % 20Help% 20File% 202018-1-30.pdf
A. Processing Information
County (or Counties) where the project is located:*
Gaston
Is this a NCDMS Project*
OYes ®No
Click Yes, only if NCDMS is the applicant or co -applicant.
Is this project a public transportation project?*
®YesNo
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps:*
® Section 404 Permit (wetlands, streams and waters, Clean Water Act)
B Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1 b. What type(s) of permit(s) do you wish to seek authorization?*
© Nationwide Permit (NWP)
O Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?*
0 Yes ® No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
1 d. Type(s) of approval sought from the DWR:*
check all that apply
® 401 Water Quality Certification - Regular
61 Non-404 Jurisdictional General Permit
Q Individual 401 Water Quality Certification
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:
1f. Is this an after -the -fact permit application?*
O Yes p No
• 401 Water Quality Certification - Express
• Riparian Buffer Authorization
OYes ®No
OYes ®No
1g. 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.
i Yes © No

Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties?*
OYes O No
1j. Is the project located in a designated trout watershed?*
Yes 40No
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?*
Aliisa Harjuniemi
1 b. Primary Contact Email: *
ali isa@cws-i nc. net
1d. Who is applying for the permit?*
® Owner
(Check all that apply)
1 e. Is there an Agent/Consultant for this project?*
Yes 0 No
2. Owner Information
2a. Name(s) on recorded deed:*
Andrew and Beth Horsley
2b. Deed book and page no.:
2c. Contact Person:
(for Corporations)
2d. Address*
Street Address
18 Circle Drive
Address Line 2
City
Belmont
Postal /Zip Code
28012
2e. Telephone Number:*
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:*
Casey Werner
3b. Business Name:
(if applicable)
Suncrest Real Estate & Land
lc. Primary Contact Phone:*
(xxx)xxx-xxxx
[phone]
Applicant (other than owner)
State / Province / Region
NC
Country
USA
3c. Address*
Street Address
2701 East Camel back Road #180
Address Line 2
City State / Province / Region
Phoenix AZ
Postal /Zip Code Country
85016 USA

3d. Telephone Number:*
[phone]
oxxx)xxx-xxxx
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:*
Aliisa Harjuniemi
4b. Business Name:
(if applicable)
Carolina Wetland Services, Inc.
3e. Fax Number:
(xxx)xxx xxxx
4c. Address*
Street Address
550 E Westinghouse Blvd
Address Line 2
City State / Province / Region
Charlotte NC
Postal /Zip Code Country
28273 USA
4d. Telephone Number:*
[phone] 4e. Fax Number:
(xxx)xxx-xxxx (xxx)xxx-xxxx
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
la. Name of project:*
Nolen Farm - Horsley Property
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:*
Gastonia
2. Project Identification
2a. Property Identification Number: 2b. Property size:
(tax PIN or parcel ID) (in acres)
212362 and 214193 20
2c. Project Address
Street Address
Northwest of the Airport Road and Union Road intersection
Address Line 2
City State / Province / Region
Gastonia NC
Postal /Zip Code Country
28056 USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude: * Longitude: *
35.179224°
ex: 34.208504
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Catawba Creek
-81 .11926
-77.796371

3b. Water Resources Classification of nearest receiving water: *
Class C
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.*
030501011502
River Basin Lookup
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project area consists of undeveloped forest and a sewer line Right -of -Way. Surrounding land use consists of forested area and residential development. The adjoining properties are
currently being developed for single-family subdivisions. On -site elevations range from 690-740 feet above mean sea level (Figure 2). Land cover within the project area consists of
deciduous forest, mixed forest, woody wetlands, and a powerline Right -of -Way (Figure 3). According to the United States Department of Agriculture - Natural Resources Conservation
Service (USDA-NRCS) Web Soil Survey of Gaston County (Figure 4) and the NRCS Published Soil Survey for Gaston County (Figure 5), on -site soils consist of four different soil types.
None of the on -site soils are listed on the Web Soil Survey as being hydric or as containing hydric inclusions. A review of the NW GIS layer depicts one potential riverine system and a
freshwater pond in the central portion of the project limits (Figure 6). The entirety of the Nolan Farm - Horsley Property is located within the Area of Minimal Flood Hazard zone (Figure 7).
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes 0 No 0 Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
The proposed project neighbors the Presley Site that is currently under construction (SAW-2018-01806, DVVR#19-0515). The cumulative impacts between these projects are below
Nationwide Permit and mitigation thresholds. The permanent impacts for the Presley Site totaled 147 If of stream impacts.
4f. List the total estimated acreage of all existing wetlands on the property:
0.56 acres of wetland, 1.17 acre open water
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
806 If intermittent stream
4h. Explain the purpose of the proposed project:*
The purpose of this project is to develop the property into a residential development. This project will provide housing for Gastonia, North Carolina to meet the growing demand for housing
due to population growth.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under NVVP29, the proposed impacts total 0.03 acre of wetland impacts (W1). The proposed impacts are due to fill for a road and a lot, required to make the development financially
feasible. The proposed site plan is included as Attachment D. Typical construction equipment such as a track hoe will be used. Typical heavy equipment will be used in grading operations
(bulldozers, excavators, dump trucks, graders, etc.). After grading fork lifts will be used for loading materials and access.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
O Yes
Comments:
0 No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
• Preliminary • Approved 0 Not Verified 0 Unknown 0 N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2022-00247
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
CWS
• Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
Preliminary Jurisdictional Determination dated February 23, 2022 is included as Attachment C.
6. Future Project Plans
6a. Is this a phased project?*
0 Yes • No

6b. If yes, explain.
The proposed project neighbors the Presley Site that is currently under construction (SAW-2018-01806, DVVR#19-0515). The cumulative impacts between these projects are below
Nationwide Permit and mitigation thresholds. The permanent impacts for the Presley Site totaled 147 If of stream impacts.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
❑O Wetlands Q Streams -tributaries
❑ Open Waters O Pond Construction
® Buffers
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
2a. Site #* (?)
2a1 Reason*(?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Fill
P
Headwater Forest
Wetland AA
Yes
Corps
0.030
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.030
2g. Total Wetland Impact
0.030
2i. Comments:
Proposed impacts total 0.03 acre of permanent wetland impacts.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: *
To avoid and minimize impacts to jurisdictional waters of the U.S., property was delineated prior to finalizing the site plan and the proposed site plan was
designed around the delineation results. The proposed impacts have been limited to one minor wetland impact.
The current plan proposes 60 lots, while an alternative plan that avoids the wetland would only yield 48 lots. The alternative site plan is included as
Attachment E. Without impacting the wetland, there would be a 20% reduction in the number of residential lots, which for a small site like this would not
allow the project to move forward from a financial perspective.
Since this is at the very tip of the wetland and the permanent fill area is relatively minor (0.03 acre), Suncrest Real Estate & Land respectfully request
authorization for this impact. All other wetlands and streams on this site will be avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: *
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the
jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will
comply with all conditions of Nationwide Permit No. 29 and Water Quality Certificate No. 4256. All work will be constructed in the dry and all temporary
fill will be removed following the work.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes ®No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed impacts total 0.03 acre and are cumulatively below the 0.1 acre threshold.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington Districts RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan

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
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
The project is not adjacent to NC Riparial Buffers.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
0 Yes ® No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?*
0Yes ®No
To look up low density requirement click here 15A NCAC 02H .1003(2).
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?*
®Yes O No
O N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stomiwater programs through use of community in -lieu programs should answer
no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply):*
▪ Local Government • State
If you have a local govemment approval please include the SMP on their overall impact map.
Local Government Stormwater Programs*
• Phase II
▪ USMP
Please identify which local government stormwater program you are using.*
Gastonia
Comments:
Stormwater Plan will be provided upon request.
O NSW
Water Supply
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?*
OYes ®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)?*
OYes ®No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
OYes ®No
3b. If you answered "no," provide a short narrative description.
The project will not result in additional cumulative impacts in foreseeable future.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
® Yes 0 No 0 N/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.
The sewerlines will tie into existing sewer infrastructure.
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 ONo
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
O Yes ®No

5d. Is another Federal agency involved?*
0 Yes
O No ® Unknown
5e. Is this a DOT project located within Division's 1-8?*
0 Yes ® No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?*
® Yes 0 No
5g. Does this project involve bridge maintenance or removal?*
OYes ®• No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?**
OYes ®• No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?*
OYes ®• No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
Protected Species Assessment is included as Attachment F.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes 0 No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
https://www.fisheries. noaa. gov/resource/map/essential-fish-habitat-mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust
designation or properties significant in North Carolina history and archaeology)?*
O Yes 0• No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on January 18, 2022 to determine the presence of any areas of
architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service. The search
indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. In their response letter dated February 15,
2022, SHPO states that they are not aware of any historic resources that would be affected by this project (Attachment G).
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
OYes O No
8c. What source(s) did you use to make the floodplain determination?*
FEMA panels 3710356200J and 45091 C0090E
Miscellaneous U
Comments
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
Cover Letter and Attachments A-G.pdf 11.21 MB
File must be PDF or KMZ
Signature
® 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:*
Aliisa Harjuniemi
Signature*
Date
4/12/2022

Pi Gmail
Aliisa Harjuniemi <[e-mail]>
Automatic reply: [External] 401 WQC Pre -File - Nolen Farm - Horsley Property (DWR#19-0515)
1 message
401 PreFile <401 [e-mail]> Fri, Apr 22, 2022 at 2:20 PM
To: Aliisa Harjuniemi <[e-mail]>