HomeMy WebLinkAbout20220652 Ver 2_401 Application_20220825Jennifer Robertson
From: Perez, Douglas J <doug.perez@ncdenr.gov>
Sent: Friday, April 29, 2022 2:11 PM
To: Jennifer Robertson
Subject: RE: [External] Cramer Estates - Gastonia
Hey Jennifer,
That should be good to use as the 3o-day pre -filing notice. I'm fine with that. Let me know if something comes up or
it doesn't let you use it.
Doug
From: Jennifer Robertson [mailto:jrobertson@atlasenvi.com]
Sent: Thursday, April 28, 2022 4:48 PM
To: Perez, Douglas J <doug.perez@ncdenr.gov>
Subject: [External] Cramer Estates - Gastonia
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Doug,
Will this email correspondence with Alan back in March serve as the 30-day notice for this permit
application? If so will you please respond as such and I will include a copy of this correspondence on the
cover of the application. Thanks!
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc. RECEIVED
338 S. Sharon Amity Road, #411
Charlotte, NC 28211
(704) 512-1206 office AUG 2 5 2022
(828) 712-9205 mobile
www.atlasenvi.com
Offices in Asheville and Charlotte DEO-WATER RE
SOURCES
401 & BUFFER PERMITTING
IRON MENTAL
1
Preliminary ORM Data Entry Fields for New Actions
SAW-2022-00421
Prepare file folder n Assign Action ID Number in ORM n
1. Project Name [PCN Form A2a]: Cramer Estates
2. Work Type: Private n Institutional n Government In Commercial n
BEGIN DATE [Received Date]:
3. Project Description / Purpose [PCN Form B3d and B3e]:
The project consists of 86 residential units. Phase 2 includes the construction of 28 detached
residential homes.
4. Property Owner / Applicant [PCN Form A3 or A4]: BBC Cramer Estates, LLC / Mr. Steve Bailey
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form B5b]: Action ID SAW-2022-00421
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
529 Stroupe Road Gastonia, NC 28056
35.218737° /-81.116231 °
8. Project Location - Tax Parcel ID [PCN Form B1a]: 149235, 149236, and 225609
9. Project Location — County [PCN Form A2b]: Gaston
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Gastonia
11. Project Information — Nearest Waterbody [PCN Form B2a]: Catawba Creek, Class C, # 11-130
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Catawba 03050101
Authorization: Section 10 n Section 404 n Section 10 & 404
Regulatory Action Type:
Standard Permit
Nationwide Permit # 29
❑ Regional General Permit #
IT Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
n Compliance
n No Permit Required
Revised 20150602
- rn-)
VIRONMENTAL
US Army Corps of Engineers
Charlotte Regulatory Field Office
Attn: Mrs. Ms. Krysta Stygar
8430 University Executive Park Drive, Suite 611
Charlotte, North Carolina 28262
August 22, 2022
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Mr. Paul Wojoski
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Cramer Estates - +/- 48.94 acres
529 Stroupe Road Gastonia, NC 28056
Nationwide Permit 29 Application (Phase 2)
Action ID SAW 2022-00421 / DWR Project #: 22-0652
Krysta/Paul:
The applicant, Mr. Steve Bailey with BBC Cramer Estates, LLC, is requesting approval of the
enclosed Nationwide Permit 29 verification for unavoidable impacts to potential Waters of the
United States. Atlas Environmental completed a stream and wetland delineation on February 9,
2019 and a jurisdictional determination was issued on March 17, 2021. The project is for the
construction of a residential subdivision and is a phased project. Phase 1 was permitted under
a NWP 29 which was issued on June 08, 2022. Impacts associated with phase 1 included one
stream impact on channel CH 200 (S1: 0.004 Ac) and two isolated wetland impacts at wetlands
WL 2000 and WL 2100 (0.042 acres and 0.005 Ac respectively).
Phase 2 of the Cramer Estates development will require one unavoidable stream impact for site
access. Impact S1 for phase 2 is a permanent culverted stream crossing. The impact area is
on perennial channel CH 300 and is 0.016 acres and 115 linear feet. The culvert crossing will
include headwalls at the culvert inlet and outlet to avoid and minimize impacts. Rip -rap will be
imbedded into the channel bed at the culvert inlet and outlet for long term stability to prevent
erosive conditions. The combined stream impact for phase 1 and phase 2 totals 0.02 acres. No
Corps jurisdictional wetlands were impacted in phase 1 and there are no proposed wetland
impacts in phase 2.
Enclosed are the necessary nationwide permit 29 verification documents and additional
information. Thank you for your attention to the enclosed request. Please contact me if you
need any additional information.
Best regards,
Jennifer L Robertson, President
irobertson@atlasenvi.com
ATLAS Environmental, Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
DocuSign Envelope ID: 741 B9E63-19FD-4F50-B98F-F76161 B2CA6C
TL
VIRONMENTAL
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Mr. Paul Wojoski, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name:
Property Owner of Record:
Contact Name:
Address:
Address:
Phone/Fax Number:
Email Address:
Project Address:
Project Address:
Tax PIN:
Signature:
Date:
CRAMER ESTATES
BBC CRAMER ESTATES
ANDREW GREBE
21000 TORRENCE CHAPEL ROAD, STE 100
CORNELIUS, NC 28117
540-538-4918
ANDREW@PCHLLC.NET
529 Stroupe Road Gastonia, NC 28056
parcel id: 149235, 225609, 149236
oocua�gnea oy:
BF931780FA524D0...
2/15/2022
ATLAS Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
jrobertson@atlasenvi.com
www.atlasenvi.com
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
10 Permit
►1 Section 404 Permit ❑ Section
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
lc. Has the NWP or GP number been verified by the Corps?
❑ Yes No
1 d. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
0 401 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
❑ Yes
Permit:
❑ Yes ►1 No
i/ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes
/1 No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
►1 No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
i1 No
2. Project Information
2a. Name of project:
Cramer Estates
2b. County:
Gaston
2c. Nearest municipality / town:
Gastonia
2d. Subdivision name:
Cramer Estates
2e. NCDOT only, T.I.P. or state
project no:
not a DOT project
3. Owner Information
3a. Name(s) on Recorded Deed:
BBC Cramer Estates, LLC
3b. Deed Book and Page No.
5325/1314 for all parcels
3c. Responsible Party (for LLC if
applicable):
Mr. Steve Bailey
3d. Street address:
7224 Jameson Way
3e. City, state, zip:
Stanley, NC, 28164
3f. Telephone no.:
(704) 607-5059
3g. Fax no.:
No Fax Number
3h. Email address:
steve@pdcllc.net
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:
Mr. Steve Bailey
4c. Business name
(if applicable):
Prestige Corporate Development, LLC
4d. Street address:
7224 Jameson Way
4e. City, state, zip:
Stanley, NC, 28164
4f. Telephone no.:
(704) 607-5059
4g. Fax no.:
4h. Email address:
steve@pcdllc.net
5. Agent/Consultant Information (if applicable)
5a. Name:
Jennifer L Robertson
5b. Business name
(if applicable):
Atlas Environmental, Inc.
5c. Street address:
338 S. Sharon Amity Road #411
5d. City, state, zip:
Charlotte, NC 28211
5e. Telephone no.:
704-512-1206
5f. Fax no.:
no fax
5g. Email address:
jrobertson@atlasenvi.com
Page 2 of 10
PCN Form — Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
149235, 149236, and 225609
1 b. Site coordinates (in decimal degrees):
Latitude: 35.218737 Longitude: - 81.116231
lc. Property size:
—48.94 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Catawba Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Upper Catawba, 03050101
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 review area is currently partially forested with development of Phase 1 starting. The Southern portion of
Phase 2 is mostly forested and the Northern portion of Phase 2 is mostly early successional growth. The surrounding
land use is predominantly residential and forested areas.
3b. List the total estimated acreage of all existing wetlands on the property: 0.057 (0.01 acre Corps JD, 0.047 acre isolated)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4544 (53 non-rpw)
3d. Explain the purpose of the proposed project: The proposed project is for the construction of a residential development.
The project is phased. Phase 1 has been permitted and this NWP 29 is for Phase 2. Phase 2 consists of the
construction of 28 detached single family homes.
3e. Describe the overall project in detail, including the type of equipment to be used: The project purpose is for the
construction of a residential development consisting of detached single family dwellings. The development will also
include the construction of stormwater treatment, parking, roadways, and associated infrastructure such as electric,
sewer, and water.
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?
Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ►1 Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): A Baggarley, J Robertson, J Sinclair
Agency/Consultant Company: Atlas Environmental, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
An Approved JD has been submitted, the Corps issued a PJD but an AJD was requested. Action ID SAW-2022-00421
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
L Yes ❑ No Unknown
5b. If yes, explain in detail according to "help file" instructions.
Atlas Environmetnal requested a NWP 29 for unavoidable impacts to isolated wetlands WL 2000 and WL 2100(0.047 Ac)
and intermittet stream imapcts to CH 200 (0.004 Ac). Previous permit was issued on June 08, 2022
6. Future Project Plans
6a. Is this a phased project?
A Yes ❑ No
6b. If yes, explain.
Phase 1 has been permitted. This PCN is for impacts associated with Phase 2
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were
❑ Wetlands
completed
►5
below for your project (check all that apply):
Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
Corps (404, 10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
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:
2h. Comments:
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. 1
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
CH 300
PER
Corps
6.06
115
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts:
115
3i. Comments: Impact S1 (0.016 Ac) is permanent culvert installation for one road crossing necessary for property access.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
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
PCN Form - Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
No wetland impacts are proposed for Phase 2 of the Cramer Estates development. Phase 2 was designed and engineered to
able to be developed with a single road crossing.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction and engineering techniques are being applied to further minimize impacts. The stream crossing at impact S1 is
being shortened by embedding riprap at the upper and lower extents of the culverts and by the use of headwalls at the culvert
inlet and outlet.
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 /1 No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: none
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity none
Quantity none
Quantity none
3c. Comments: none
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
none square feet
4e. Riparian wetland mitigation requested:
none acres
4f. Non -riparian wetland mitigation requested:
none acres
4g. Coastal (tidal) wetland mitigation requested:
none acres
4h. Comments: no 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 ® 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
none
none
3 (2 for Catawba)
none
Zone 2
none
none
1.5
none
6f. Total buffer mitigation required:
none
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).
not applicable
6h. Comments: no comments
Page 7 of 10
PCN Form — Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes 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?
>24% %
2b. Does this project require a Stormwater Management Plan?
►1 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:
The project engineer is coordinating all of the stormwater requirements.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Gaston County
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Gaston County
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
►1 Phase II
❑NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes 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 4 No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
/1 Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
@ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
❑ Yes ►1 No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑ Yes ❑ No
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments: n/a
❑ 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 ►1 No
2b. Is this an after -the -fact permit application?
❑ Yes ►5 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 ►1 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.
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.
The project will connect to existing sanitary sewer
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?
MI Yes
►1 No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
I Yes
• No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
IPAC and the NC natural hetitage program; FWS Asheville office coordination, Report was submitted on February 7,
2022, a copy of the submitted report is included.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
■ Yes
►1 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
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 ►1
No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC HPO Buffer Map, No comment letter attached from NC HPO
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
• Yes /i4 No
8b. If yes, explain how project meets FEMA requirements: There is no FEMA flood hazard zones located within Phase 2
8c. What source(s) did you use to make the floodplain determination? FEMA NFHL Google Earth layer
Jennifer L Robertson
Applicant/Agent's Printed Name
' dRA14.
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
08/22/2022
Date
Page 10 of 10
PCN Form — Version 1.4 January 2009
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ON MENTAL
Figure: 6
Project Name: Cramer Estates
Location: 529 Stroupe Road Gastonia, NC 28056
For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey
44
JAC01111444$ SINCLAIR
3IOPW8
Coordinates: 35.218737° / -81.116231°
Date: August 04, 2022
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Streets
Gaston Co. Parcels
Contours: 2 Ft
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Intermittent
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Sketch Map provided for illustrative purposes and
preliminary planning only. Not intended to be relied upon
for exact location, dimension, or orientation. All findings
and assessments are subject to verification from the
Army Corps of Engineers, NC Division of Water
Resources, and/or other appropriate local authorities.
Do not reproduce map set except in its entirety.
Detail 2: Pa 4
4,
200 400 600 800 Ft
UAS
IRONMENTAL
Project Name: Cramer Estates
Location: 529 Stroupe Road Gastonia, NC 28056
For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey
Page 1 of 4
Figure:
Coordinates: 35.218737, -81.116231
Date: March 16, 2022
Legend
EJ Review Area
Streets
Gaston Co. Parcels
Delineation
Perennial
Intermittent
Wetland
N M Culvert
Ephemeral/Non RPW
I I
Aquatic Resource Sketch Map
Project Name: Cramer Estates
Location: 529 Stroupe Road Gastonia, NC 28056
For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey
Coordinates: 35.218737, -81.116231
Date: March 16, 2022
Page 2 of 4
Figure:
LAbutting Wetland
WL 1000: - 0.005 Ac
Perennial - RPW
CH 100: - 1338 LF, 0.062 Ac
Perennial - RPW
Catawba Creek
1606 LF, 1.251 Ac
Legend
® Review Area
Streets
Gaston Co. Parcels
Contours: 2 Ft
Delineation
I• Perennial
Intermittent
Wetland
— Culvert
Ephemeral/Non RPW
I 1
Page 3 of 4 Detail 1 Figure:
Aquatic Resource Sketch Map
Ephemeral Non-RPW
EPH 200: - 53 LF, 0.003 Ac
Isolated Wetland
WL 2000: - 0.042 Ac
Intermittent - RPW Isolated Wetland
CH 200: - 463 LF, 0.019 Ac WL 2100: - 0.005 Ac
Project Name: Cramer Estates
Location: 529 Stroupe Road Gastonia, NC 28056
For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey
Coordinates: 35.218737, -81.116231
P°rIdarosa,rrl
Date: March 16, 2022
i
earl"iPoo
1160
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100 200 300 400 Ft
See Detail 1
Legend
O Review Area
Streets
Gaston Co. Parcels
Contours: 2 Ft
Delineation
NE Perennial
Intermittent
MB Wetland
N Culvert
Ephemeral/Non RPW
hoo
Aquatic Resource Sketch Map
6
o
0
Perennial - RPW
CH300:-1137LF,0.150Ac
Abutting Wetland
WL 3000: - 0.005 Ac
0 100 200 300 400 Ft
Project Name: Cramer Estates
Location: 529 Stroupe Road Gastonia, NC 28056
For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey
Coordinates: 35.218737, -81.116231
Date: March 16, 2022
Page4of4
Detail 2 Figure:
Jennifer Robertson
From: Jennifer Robertson
Sent: Friday, March 18, 2022 11:13 AM
To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA); 'Johnson, Alan NCDWR'
Cc: Jacob Sinclair
Subject: FW: Cramer Estates: SAW-2022-00421 PJD Confirmation
Krysta,
Following up on this one from yesterday, Alan and I spoke this morning. During the logging activities on site,
sediment got into the area where the willows are planted and coir logs are installed. Len worked with the
owner (at that time) and Alan to resolve the violation and it is closed. I think we are two owners removed from
the owner when the violation occurred. The company our clients purchased from had only owned the property
for about a year. I sent Alan our delineation map and told him that we met with you on site earlier this week.
We reviewed the map this morning and I showed him the area on our map where the previous violation
occurred. I explained that we would be submitting a permit application (probably next week) for one road
crossing and one driveway crossing within Phase 1. Phase 2 will occur on the other side of Stroupe Road and
we do not have the plans for it yet so it will be permitted at a later date in time. I do believe that it will be a
future Phase of Cramer Estates so we will make sure that impacts are cumulative to this initial phase.
We would site like an AJD for this one.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
(704) 512-1206 office
(828) 712-9205 mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
IRONMENTAL
From: Jennifer Robertson
Sent: Thursday, March 17, 2022 4:24 PM
To: 'Stygar, KRYSTYNKA B CIV USARMY CESAW (USA)' <Krystynka.B.Stygar@usace.army.mil>; Jacob Sinclair
<jsinclair@atlasenvi.com>
Subject: RE: Cramer Estates: SAW-2022-00421 PJD Confirmation
Krysta,
We kept our request as an AJD however hold tight on revising the JD as it looks like there may have been a
DWR violation on the site back in 2017. I have an email into Alan to call me to discuss.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
i
Charlotte, NC 28211
(704) 512-1206 office
(828) 712-9205 mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
IIRONMENTAL
From: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystynka.B.Stygar@usace.army.mil>
Sent: Thursday, March 17, 2022 12:16 PM
To: Jacob Sinclair <jsinclair@atlasenvi.com>
Cc: Jennifer Robertson <jrobertson@atlasenvi.com>
Subject: Cramer Estates: SAW-2022-00421 PJD Confirmation
Jennifer,
Please see attached PJD Verification for Cramer Estates.
(if there is documentation about the sediment basins (wetlands) out there, please provide it to me so I can add it to the
file.)
No Hardcopies will be mailed at this time.
Regards
Krysta
From: Jacob Sinclair <jsinclair@atlasenvi.com>
Sent: Wednesday, March 16, 2022 9:12 AM
To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystynka.B.Stygar@usace.army.mil>
Cc: Jennifer Robertson <jrobertson@atlasenvi.com>
Subject: [Non-DoD Source] Cramer Estates: SAW-2022-00421
Krysta,
Based on the field verification of aquatic resources at the Cramer Estates review area on March 15, 2022 I have made
revisions to the Aquatic Resource Sketch Map and additional necessary revisions to the ORM upload sheet. I have also
included the additional data form for the upland area along the bank of the ephemeral section identified as EPH
200. Based on our discussions in the field we are going to proceed with the AJD instead of converting the request to a
PJD. Please let me know if you need any additional information.
Thank you,
Jacob Sinclair, P.G., PWS
Senior Environmental Specialist
Atlas Environmental Inc.
P.O. Box 17323
Asheville NC 28806
Phone: 704-578-3549
2
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.
April 6, 2022
Austin Baggarley
ATLAS Environmental, Inc.
338 South Sharon Amity Road, Suite #411
Charlotte, NC 28211
abaggarley(a,atlasenvi.com
Re: Construct Cramer Estates residential subdivision, 529 Stroupe Road, Gastonia, Gaston County,
ER 22-0509
Dear Mr. Baggarley,
Thank you for your email of February 7, 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 environmental.reviewAncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
j., 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: (919) 814-6570/814-6898
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 24, 2022
Jacob Sinclair
Atlas Environmental
338 South Sharon Amity Road, #411
Charlotte, North Carolina 28211
Jsinclair@atlasenvi.com
Subject: Cramer Estates Residential Development; Gaston County, North Carolina
Dear Jacob Sinclair:
US.
111411 l�IFE
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated February 18, 2022, (received February 22, 2022, via email) wherein you
solicit our comments regarding project -mediated impacts to federally protected species. We
submit the following comments in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act
(42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, the Applicant proposes to construct a residential
development and appurtenances on approximately 50 partially forested acres in Gastonia, North
Carolina. The information provided suggests that the proposed project will require authorization
from the U.S. Army Corps of Engineers to impact Waters of the United States. Preliminary
design plans depict the proposed construction of 86 lots in two separate development phases.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the action area
(50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis).
However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of
northern long-eared bat associated with activities that occur greater than 0.25 miles from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during
the pup season (June 1 — July 31). Based on the information provided, the project would occur at
a location where any incidental take that may result from associated activities is exempt under
the 4(d) rule for this species. The Applicant intends to avoid any associated tree clearing
activities during this animal's maternity roosting season from May 15 — August 15. If adhered
to, this impact minimization measure would support our concurrence with a "may affect,
not likely to adversely affect" determination from the action agency.
The information provided also indicates that suitable habitat is present within the action area for
the federally endangered Schweinitz's sunflower (Helianthus schweinitzii). However, your
correspondence suggests that targeted botanical surveys were conducted within the appropriate
timeframe (September 3, 2021) and did not detect evidence for this species at that time. If all
potential habitats for this species within the action area were evaluated at that time, we believe
that the probability for inadvertent loss of this plant species is insignificant and discountable and
we would concur with a "may affect, not likely to adversely affect" determination from the
action agency.
The information provided also indicates that suitable habitat is present onsite for the federally
threatened dwarf -flowered heartleaf (Hexastylis naniflora). Botanical surveys detected evidence
for members of the genus Hexastylis within the proposed action area, but the species was not or
could not be diagnosed at that time. Provided that targeted botanical surveys are conducted
during the appropriate survey window, and do not detect the presence of Hexastylis naniflora, we
would concur with a "may affect, not likely to adversely affect" determination from the action
agency.
For the purposes of consultation under the Act, botanical survey results are valid for one or two
years depending on the species:
https://www. fws. gov/asheville/pdfs/Optimal%20 Survey%20 W indows%20for%201isted%20plant
s%202020.pdf
Based on the information provided, suitable habitat does not occur onsite for any other federally
listed species. In accordance with the Act, it is the responsibility of the appropriate federal
action agency or its designated representative to review its activities or programs and to identify
any such activities or programs that may affect endangered or threatened species or their
habitats. If it is determined that the proposed activity may adversely affect any species federally
listed as endangered or threatened, formal consultation with this office must be initiated. Our
concurrence with "no effect" determinations from action agencies is not required.
We offer the following recommendations in the interest of protecting natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Impervious Surfaces and Low -Impact Development
Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and
stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even
lower than expected stream flows during drought periods, which can induce potentially
catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all
new development, regardless of the percentage of impervious surface area they will create,
implement storm -water -retention and -treatment measures designed to replicate and maintain the
2
hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality
within the watershed.
We recommend the use of low -impact -development techniques, such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for
retaining and treating storm -water runoff rather than the more traditional measures, such as large
retention ponds, etc. These designs often cost less to install and significantly reduce
environmental impacts from residential development.
Where detention ponds are used, storm -water outlets should drain through a vegetated area prior
to reaching any natural stream or wetland area. Detention structures should be designed to allow
for the slow discharge of storm water, attenuating the potential adverse effects of storm -water
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the
purpose of storm -water -control measures is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-22-488.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
3
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00421 County: Gaston U.S.G.S. Quad: NC -Belmont
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Prestige Corporate Development LLC
Steve Bailey
Address: 21000 Torrence Chapel Road. Suite 100
Cornelius, NC 28031
Telephone Number: 704-607-5059
E-mail: steve(a,pcdllc.net
Size (acres) 48.94 Nearest Town Gastonia
Nearest Waterway Catawba Creek RiverBasin Santee
USGS HUC 03050101 Coordinates Latitude:35.21828
Longitude: -81.11454
Location description: Project is located at 529 StroupeRoad, Gastonia, Gaston County, North Carolina. PIN(s): 2564618443,
3564812402,3564813081
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters on the above described project area/property, that may be subject to 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 beenverifiedby the Corps to be sufficiently accurate andreliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 3/16/2022. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatorymitigationrequirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat allwaters and wetlands thatwould 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, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
0 There appear to be waters on the above described project area/property, that may be subject to Section 404 ofthe 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 detennination may not be used in the pennit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate andreliable to support an enforceable
permit decision. We recommendthatyou have the waters on yourproject 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 ofthe United States within theabove described 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 ourpublished regulations, this determination may be relied upon for
a period not to exceed five years from thedateof this notification.
0 There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
Water Act (CWA) (33 USC § 1344). Unless there isa change in the law or our published regulations, this determination m ay b e
relied upon fora periodnotto exceed five years from the date ofthisnotification.
❑ We recommend you have the waters on yourproject 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 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
SAW-2022-00421
will provide an accurate depiction of all areas subject to CWA j urisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon fora periodnotto exceed five years.
❑The waters have been delineated and surveyed and are accurately depicted on theplat 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 subjectto the
permit requirements of Section 404of the Clean Water Act (33 USC 1344). Unless there is a change in the laworourpublished
regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification.
El The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contactthe 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 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
placementof structures, or work within navigable waters ofthe United States without a Department of the Armypermit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar@usace.army.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33
CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual, and/or the
Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0.: See the
preliminary jurisdictional determination form dated 03/17/2022.
D. Remarks: See approximate jurisdictional boundaries on map, "Cramer Estates — 03/16/2022 "
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination maynotbe valid for the wetland conservation pro visions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an a dministrative appeal under Corps regulations at 33 CFR Part331. Enclosed
you will find a Notification o fApp eal Process (NAP) fact sheet and Request forAppeal(RFA) form. Ifyou request to a ppeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PH ILIP.A.SHANNIN@USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days ofthe date ofthe 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 th - Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 03/17/2022 Expiration Date ofJD: Not applicable
SAW-2022-00421
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/flp=136:4:0
Copy furnished:
Agent:
Address:
Telephone Number.
E-mail:
Property Owner:
Address:
Atlas Environmental
Jennifer Robertson
338 S. Sharon Amity Road
Charlotte. NC 28211
704-512-1206
jrobertson@,atlasenvi.com
Red Maple Resources, LLC
Robert Davis
PO Box 369
Terrell, NC 28682
N ADMINISITIVE
RE UEST
APPEAL OPTI
FOR APPEAL
File Number: SAW-2022-00421
Applicant:
Bailey
Prestige CorporateDevelopment L LC, Steve
Date: 03/17/2022
Attached is:
See Section below
•
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
•
PERMIT DENIAL
C
•
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
15
SECTION
Additionalinformation
I - The following identifies yourrights and options regarding an administrative appeal of the above decision.
may be found atorhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
xorpsregulations at 33 CFR Part331.
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 yourwork 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 retum 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 yourright 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 all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
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 appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or 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 appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yourrea sons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where 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 appeal conference or meeting, and any supplemental information that the review officerhas determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process 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: (404) 562-5136; FAX (404) 562-5138
EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
consultants, to conduct investigations of the project site during the course of the appeal process.
notice of any site investigation, and will have the opportunity to participate in all site investi
and any govemment
You will be provided a 15-day
tions.
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, Commander, 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: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 03/17/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Prestige Corporate Development LLC, Steve
Bailey, 21000 Torrence Chapel Road, Suite 100, Cornelius, NC 28031
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Cramer Estates, SAW-2022-
00421
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 529 Stroupe
Road, Gastonia, Gaston County, North Carolina. PIN(s): 2564618443, 3564812402, 3564813081
(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 decimalformat): Latitude:35.21828 Longitude: -81.11454
Universal Transverse Mercator:
Name of nearest waterbody: Catawba Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 03/15/2022
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)
Catawba Creek
35.218230
-81.121840
1606 LF
Non -wetland waters
Section 404
CH 100
35.218760
-81.12097
1338 LF
Non -wetland waters
Section 404
CH 200
35.219870
-81.12000
463 LF
Non -wetland waters
Section 404
CH 300
35.218280
-81.11454
1137 LF
Non -wetland waters
Section 404
EPH 200
35.2200
-81.11922
53 LF
Non -wetland waters
Section 404
W L 1000
35.219820
-81.120490
0.005 acres
Wetland
Section 404
WL 2000
35.219670
-81.117660
0.042 acres
Wetland
Section 404
W L 2100
35.219680
-81.11729
0.005 acres
Wetland
Section 404
W L 3000
35.21771
-81.11434
0.005 acres
Wetland
Section 404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the 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 or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: AtlasEnvironmentalforPrestigeDevelopments
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑ Office concurs with data sheets/delineation report.
El Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
USGS NHD data: June 15, 2021, (figure 6)
® USGS 8 and 12 digit HUC maps: Figure 13,06/15/2021
U.S. Geological Survey map(s). Cite scale & quad name: USGS Topo Figure 4, 02/01/2022
® Natural Resources Conservation Service Soil Survey. Citation: Figure 14 A & B. 02/01/2022
//
Nationalwetlands inventory map(s). Cite name: Figure 11, 06/15/2021
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 8, FEMA/NFHL Map, 06/15/2021
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date): Figure7a.06/15/2021
or ® Other (Name & Date): Figure 7b. 06/15/2021 . Site Photographs, 02/03/2022
❑ Previous determination(s). File no. and date of response letter:
®Other information(pleasespecify): GIS Parcel Information. Lidar : Figure 9, 06/15/2021
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 o /' egulatory
staff member completing PJD
03/17/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to retum 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.