Loading...
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 GRAPHIC SCALE r\ \ s'. 11 i i t 'i 1 \ � l ✓,i'/t9 4' -`I 1 r �% ro s / r 1 4, yI i ,;,� /; l // .f h I / •,;COIO/ON OPEN SPACE a ti' mow' " wgx .R Yi i;�.' ;TREE PRESERVATION AREA. \ER97 ACRES v AA SWUMOPEN+ SPACE �1260 ACRES - ',TREE PRE Rb'Y S- TREE PRESERVATION ' AREA 0.994 ACRES • -------- - - - - I 1 �I , \V ill/lilt ---^'-" '# //', THIS PLAN IS A FINAL DESIGN —NOT RELEASED FOR CONSTRUCTION UNLESS INITIALLED/DATED AS APPROVED: APPROVED: 1 / exo hm i --------------- \\` / , 1 1 o----------- / 1 I - 1 Y' -__ -- / a Y J J z P W W za Qet,� zJ ID 13.8. you 1— Q �o MSE gr lUgui imam 252 O4 0512 ORAwftla 1079 8 ,- 35 ,m, / itatikikamibratrin moloidaiims fitAp ;I( INogagar Jaw" 46 amok (4A,\\,\\\\ 41 I \ " e' oy/ / NON OR FORMERLY , ENNETIE. JOSEPH II iR ENNEIIT. RIIIHERLE, DEED:5140-10.1 IN osems000ss / / fIENTON BOWE ANN" I ORED:5152- I / PIN 095848009n/ / , I / PROPS- op I / ...., '(iN5' O/ W'2, ObRF,i‘iRM4E.l,f RR'i1''4 'i1'/' , , ,0i1i„ I g, / ,,, ,,,i, / i,171Eir i l/12' /, /I' 4/' '— I/i//// / 1'/ 1Ii T /• P/r "11 , rrorr / / /,/I /1PlPI.f4P /3-1IIhII0 s2/ 4 ,1 / ( /('/ ' 1 1/'6-Av- 1' \ /k1IV/ja,\ \/ i \ 1X /1 / / ‘ , ‘. \ I i1 I ‘ //tioliat 4444Eadi / ‘. 1 ! ! II., Embedded Rip -Rap Not an impact /, VVVWVVVVVVVV-N.Mat VVV‘VVVVVr7VMOVV-rVZV, 7N4VVVIVV kvv vvvvvvvvv v vvvvVvv vsvvvvvvvvv- rvvvvkv%7vvvxvvvvy v IvvvvvsPvvvd-v v •s4v,v‘vvy vvvvvv v bov\v‘vvvvvv,vv v vvtvvv vvvvvv vvv 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. trt Do not reproduce map set except in its entirety. tTrlirr V V41_17_ Embedded Rip -Rap Not an impact r ; /17'71N. 11/' yv .v - ***/ ' " / / / • / i s / / / / ///1 2 / / I / ' / / // "44 i / / / 44 / 1 / / I wm , Jr.., 171):-ET,ikO. ) I/ ( 14 ( isa I (07• / i • k e ' 4, 0•\ \ \ 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 CY O tvoiette Legend O Review Area Streets Gaston Co. Parcels Contours: 2 Ft Delineation ff� Perennial Intermittent Wetland Culvert Ephemeral/Non RPW Aquatic Resource Sketch M ,xidarosairri__ %eft"S sa 1 1 1 1 • 1 1 1 1 tat 4'd.2627 1 1 1 1 1 1 1 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 etif r\ 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.