20221244 Ver 1_401 Application_20220825

Angela Petros
From: Angela Petros
Sent: Tuesday, June 21, 2022 3:03 PM
To: 401 PreFile
Subject: Caldwell Drive NWP 39 Pre -Application Notice
To Whom It May Concern,
Atlas will be submitting an NWP 39 application for the Caldwell Drive project. This project is in Belmont
(Gaston County) and is a Commercial project. Davis Moore Acquisition LLC is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
VIRON MENTAL
RECEIVED
AUG 2 5 2022
DEO-WATER RESOURCES
401 & BUFFER PERMtTTlNG
i

Preliminary ORM Data Entry Fields for New Actions
SAW-2022-01316
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Caldwell Drive
BEGIN DATE [Received Date]:
Assign Action ID Number in ORM ❑
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description / Purpose [PCN Form B3d and B3e]:
The project is for the construction of a medical office which will consist of two buildings with associated parking
space and other infrastructure.
4. Property Owner / Applicant [PCN Form A3 or A4]: Sanders Investments of Gaston C/0 Jeffrey Sanders/ Davis Moore Acquisition LLC
Attn: Mr. Matt Lucarelli
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form B5b]: None Known
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
70 Caldwell Drive Belmont, NC 28012
35.259747° /-81.023438°
8. Project Location - Tax Parcel ID [PCN Form B1a]: 3595559296
9. Project Location — County [PCN Form A2b]: Gaston
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Belmont
11. Project Information — Nearest Waterbody [PCN Form B2a]: Catawba River, WS-IV;CA, # 1 1-(117)
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Catawba 03050101
Authorization:
Regulatory Action Type:
Section 10 n Section 404 ❑✓ Section 10 & 404 n
Standard Permit
Nationwide Permit # 39
E Regional General Permit #
❑ Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
n Compliance
n No Permit Required
Revised 20150602

'Ai
VIRONMENTAL
August 22, 2022
US Army Corps of Engineers
Charlotte Regulatory Field Office
Attn: Ms. Krysta Stygar
8430 University Executive Park Drive, Suite 611
Charlotte, NC 28262
Re: Caldwell Drive +/- 13.74 acres
70 Caldwell Drive Belmont, NC 28012
Nationwide Permit 39 Verification Request
Corps Action ID: SAW-2022-01316
Krysta:
Atlas Environmental is submitting the enclosed nationwide permit 39 verification package on
behalf of Matt Lucarelli of Davis Moore Acquisition LLC for unavoidable impacts to potential
Waters of the United States at the Caldwell Drive project. On May 06, 2022 Atlas
Environmental staff conducted a stream and wetland delineation at the project review area and
submitted a preliminary jurisdictional determination to the Corps on June 01, 2022. The
preliminary jurisdictional determination was issued on June 15, 2022. The project is for the
construction of a commercial business park consisting of four buildings including parking,
stormwater treatment, utilities, and additional infrastructure.
Unavoidable impacts to potential waters of the United States include one permanent stream
impact. The stream impact is identified as S1 and includes all of channel CH 100 Upper.
Channel CH 100 Upper is a disconnected intermittent channel located in the southern portion of
the review area adjacent to Interstate 85. The proposed impact is 109 linear feet in length and
0.009 acres in area. No mitigation is proposed for the development. CH 100 Upper does not
provide direct hydrological connection to the lower portion and does not provide as beneficial
aquatic habitat or aquatic habitat connectivity as compared to CH 100 Lower. The site layout,
grading, and stormwater pond construction have been engineered and designed to entirely
avoid the perennial channel CH 100 Lower. The grading of side slopes varies on site from 4:1
to 2:1 to prevent erosive conditions and to avoid impacts to CH 100 Lower. There is one
stormwater control measure which is located North of the parking lot and South of CH 100
Lower.
Enclosed are the necessary permit application documents and additional information. Thank
you for your attention to the enclosed request. Please contact me if you need any additional
information.
Best regards,
ibm+dRo.
Jennifer L Robertson
jrobertsonAatlasenvi.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

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the Corps:
© Section 404 Permit • Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
lc. Has the NWP or GP number been verified by the Corps?
• Yes © No
ld. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
x 401 Water Quality Certification
■ 401 Water Quality Certification
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
For the record only for Corps Permit:
❑ Yes ©No
■ Yes ©No
1f. Is payment into a mitigation bank or in -lieu fee
mitigation of impacts? If so, attach the acceptance
or in -lieu fee program.
program proposed for
letter from mitigation bank
• Yes p No
lg. Is the project located in any of NC's twenty coastal counties. If yes, answer lh
below.
• Yes X No
lh. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
■ Yes F3 No
2. Project Information
2a. Name of project:
Caldwell Drive
2b. County:
Gaston
2c. Nearest municipality / town:
Belmont
2d. Subdivision name:
Not a subdivision
2e. NCDOT only, T.I.P. or state project no:
Not a DOT project
3. Owner Information
3a. Name(s) on Recorded Deed:
Sanders Investments of Gaston
3b. Deed Book and Page No.
2806 / 0167
3c. Responsible Party (for LLC if
applicable):
C/O Jeffrey Sanders
3d. Street address:
115 Sleepy Hollow Lane
3e. City, state, zip:
Belmont, NC 28012
3f. Telephone no.:
Unknown
3g. Fax no.:
Unknown
3h. Email address:
Unknown
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:
Attn: Mr. Matt Lucarelli
4c. Business name
(if applicable):
Davis Moore Acquisition LLC
4d. Street address:
2333 Randolph Road Suite 115
4e. City, state, zip:
Charlotte, NC 28207
4f. Telephone no.:
704-597-7757
4g. Fax no.:
No Fax
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Jennifer Robertson
5b. Business name
(if applicable):
Atlas Environmental Inc.
5c. Street address:
338 S. Sharon Amity #411
5d. City, state, zip:
Charlotte NC, 28211
5e. Telephone no.:
[phone]
5f. Fax no.:
No Fax
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
3595559296
1 b. Site coordinates (in decimal degrees): Latitude: 35.259747 Longitude: -81.023438
1 c. Property size:
13.74 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Catawba River
2b. Water Quality Classification of nearest receiving water:
WS-IV;CA, # 11-(117)
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 current land use of the review area is mostly forested with commercial businesses located North and West and Interstate 85 located to the South.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 228
3d. Explain the purpose of the proposed project:
The proposed project is for the construction of a commercial development consisting of four buildings, parking areas,
stormwater management, and associated utilities.
3e. Describe the overall project in detail, including the type of equipment to be used:
The development will also require the construction of the four buildings, stormwater treatment, parking areas, utilities, and additional associated
infrastructure. The project will require mechanized land clearing for grading to remove existing vegetation and to prepare the ground surface for
construction.
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?
p Yes • No • Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
p preliminary • Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Atlas Env. Staff
Agency/Consultant Company: Atlas Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2022-01316, 06/15/2022, PJD is Attached
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
• Yes ©No ■Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
• Yes © No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
Waters
• Wetlands El Streams — tributaries • Buffers •
Open
• 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
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.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Fill
CH 100 Upper
INT
Corps
3.6
109
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
109
3i. Comments:
Proposed impacts include filling the detached intermittent channel identified as CH 100 Upper. Impacts include 109 LF, 0.009 Ac
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: No open water impacts
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: No pond construction
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: No buffer impacts
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The only proposed impacts are to the detached intermittent channel identified as CH 100 Upper. The perennial channel, CH 100 Lower, is being
entirely avoided. CH 100 Upper does not provide direct hydrological connection to the lower portion and does not provide as beneficial aquatic
habitat or aquatic habitat connectivity as compared to CH 100 Lower
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The site layout, grading, and stormwater pond construction have been engineered and designed to entirely avoid CH 100 Lower. The grading of side
slopes varies on site from 4:1 to 2:1 to prevent erosive conditions and to avoid impacts to CH 100 Lower.
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 x No
2b. If yes, mitigation is required by (check all that apply):
1 DWQ • Corps
2c. If yes, which mitigation option will be used for this
project?
fee program
Mitigation
• Mitigation bank
• Payment to in -lieu
• Permittee Responsible
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
• Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
• Yes © No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
No riparian buffer rules at the review area. Diffuse flow from stormwater control measures has been
included within the stormwater management plan
• 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?
© 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:
There is one stormwater control measure which is located North of the parking lot and South of CH 100 Lower. Curb drains will collect water from the
buildings and parking areas and it will be culverted to the forebay of the SCM.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Local
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Belmont
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
• Phase II
: NSW
• USMP
p Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
13 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?
p Yes • No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
p Yes • No
5b. Have all of the 401 Unit submittal requirements been met?
p 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 ©No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑ Yes • No
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
• Yes ■ No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
• Yes © No
2b. Is this an after -the -fact permit application?
• Yes © 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?
1 Yes ©No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
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.
Project will connect to municipal 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?
• Yes ©No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
p 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 NHP. See attached letter from FWS
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
• Yes © 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 F3 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC HPO Buffer Map. See Attached SHPO No Comment Letter
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
■ Yes © No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA NFHL Google earth .kml layer
Jennifer Robertson
Applicant/Agent's Printed Name
�Igt.
August 22, 2022
Date
Applic t/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

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 WaterQualityProgram.
Project Name: k- L'5 V LC`J �' /' f [ t A-
a-✓'Z nJy'Q , LL C GW-S GN .'"'`
J S-A4/5
Property Owner of Record:
Contact Name:
Address:
Address:
Phone/Fax Number:
Email Address:
Project Address:
Project Address:
Tax PIN:
Signature:
Date:
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ATLAS Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
[e-mail]
www.atlasenvi.com

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CONCEPTUAL SITE PLAN
CALDWELL DRIVE MEDICAL OFFICE BUILDINGS
MT. HOLLY, NC
JUNE 3, 2022
GRAPHIC SCALE
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JUNE 3, 2022
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GRAPHIC SCALE
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CONCEPTUAL GRADING PLAN
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MT. HOLLY, NC
JUNE 3, 2022

IO Review Area
Streets
I I Gaston Co. Parcels
Contours: 2 Ft
Delineation
Perennial
Intermittent
MN Culvert
Note: Stream length and area
includes culvert
Sen Marshall Arthur Rauch Hwy I- 85
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.
Potential Non Wetland
100 Lower: — 119 LF, 0.011 Ac
Potential Non Wetland
CH 100 Upper: — 109 LF, 0.009 Ac
100 200 300 400 Ft
Project Name: Caldwell Drive
Location: 70 Caldwell Drive Belmont, NC 28012
For: Beacon Partners Attn: Mr. Matt Lucarelli
Page 1 of 2
Figure:1 a
Coordinates: 35.259747° /-81.023438°
Date: May 09, 2022

Legend
O Review Area
o Streets
Gaston Co. Parcels
Delineation
Perennial
Intermittent
Culvert
I
Preliminary Aquatic Resource Sketch Map
Note: Stream length and area
includes culvert
Potential Non Wetland
CH 100 Lower: - 119 LF, 0.011 Ac
Potential Non Wetland
CH 100 Upper: - 109 LF, 0.009 Ac
Project Name: Caldwell Drive
Location: 70 Caldwell Drive Belmont, NC 28012
For: Beacon Partners Attn: Mr. Matt Lucarelli
Page 2 of 2
Figure: l b
Coordinates: 35.259747° /-81.023438°
Date: May 09, 2022

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01316 County: Gaston U.S.G.S. Quad: NC -Mount Holly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Davis Moore Acquisition. LLC
MattLucarelli
2333 Randolph Road Suite 115
Charlotte, NC 28207
704-597-7757
[e-mail]
Nearest Town Belmont
RiverBasin Santee
Coordinates Latitude:35.259747
Longitude: -81.023438
Location description: Project is located at 70 Caldwell Drive. Belmont. Gaston County. North Carolina. PIN: 184761
13.74
Catawba River
03050101
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters onthe above described project area/property, that may be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate andreliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 5/9/2022. Therefore this prelim inaryjurisdiction 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 onthe basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictionalwaters of the U.S. This preliminary determination is not an appealable action underthe Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, youmayrequestanapproved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described proj ect area/property, th at may be subj ect 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 determination may not be used in the permit evaluation process.
Without a verified wetlanddelineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over a ll of the waters at the project area, which is not sufficiently accurate andreliable to support an enforceable
permit decision. We recommend thatyouhave the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above 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 ourpublished regulations, this determination maybe
relied upon fora periodnotto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps maynotbe 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 yourproject area/property havebeendelineated 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-2022-01316
will provide an accurate depiction of all areas subject to CWA jurisdiction on y our property which, provided there is no change in
the law or our published regulations, maybe relied upon for a 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 ourpublished 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 subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or ourpublished
regulations, this determination maybe relied upon fora periodnot to exceed five years from the date ofthis notification.
❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalManagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department ofthe Army permit may
constitute a violation of Section 301 of the CleanWa ter Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Armypermit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Krystynka B Stvgar at 252-545-0507 or
krystynka.b.stygar(iiusace.a rmy.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 wetland 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 06/15/2022.
D. Remarks: See approximate jurisdictional features on map, "Caldwell Drive — 05/09/2022"
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination maynotbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipateparticipation 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 administrative appeal under Corps regulations at 33 CFR Part331. Enclosed
you will find a Notification ofApp eal Process (NAP) fact sheet and Request forAppeal(RFA) form. Ifyourequest to appeal this
determination you m ust submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, andthat it ha s 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)he Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 06/15/2022 Expiration Date ofJD: Not applicable

SAW-2022-01316
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy fumished:
Agent: Atlas Environmental, Inc
Jennifer Robertson
Address: 338 S. Sharon Amity Road # 411
Charlotte. NC 28211
Telephone Number: 704-512-1206
E-mail: jrobertson()astlasenvi.com
Property Owner:
Address:
Sanders Investments ofGaston County
Jeffrey Sanders
115 Sleepy Hollow Lane
Belmont, NC 28012

NOTIFICATION OF ADMINISTRATIVE
s
I2E . UEST
APPEAL OPTIONS AND PROCESS
FOR APPEAL
File Number: SAW-2022-01316
AND
Date: 06/15/2022
Applicant:
Lucarelli
Davis Moore Acquisition,LLC,Matt
Attached is:
See Section below
•
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
•
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
`Z
SECTION
Additional
or the
I - The following identifies your rights and options regarding an administrative appeal of the above decision.
information may be found at orhttp://www.usa cc.army.mil/Missions/CivilWorks/Regina toryProgi a man dPenn its.a spx
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit 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 retum it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers 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 acceptor appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed),
by contactingthe 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 your reasons for appealingthe decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appealconference or meeting, and any supplemental information that the review officer has 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
appealprocess you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina28262
If you only have questions regardingthe appea 1process you may
also contact:
MR. PHILIPA. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: [e-mail]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govemment
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: 1 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: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 06/15/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Davis Moore Acquisition, LLC, Matt
Lucarelli, 2333 Randolph Road Suite 115, Charlotte, NC 28207
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Caldwell Drive, SAW-2022-
01316
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 70 Caldwell
Drive, Belmont, Gaston County, North Carolina. PIN: 184761
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Belmont
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.259747 Longitude: -81.023438
Universal Transverse Mercator:
Name of nearest waterbody: Catawba River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: June 15,2022
® Field Determination. Date(s): May 09, 2022
TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic
(decimal
(decimal
amount of
resources (i.e., wetland
authority to
degrees)
degrees)
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
vs. non -wetland
waters)
which the aquatic
resource "may
be" subject (i.e.,
Section 404or
Section 10/404)
CH 100
35.259671
-81.022764
228 LF
Non -wetland waters
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: AtlasEnvironmental for Davis Moore Acquisitions LLC
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Data sheets:
® Office concurs with data sheets/delineation report.
❑ 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: Figure 14 : 04/08/2022
EUSGS 8 and 12 digit HUC maps: Figure 10.04/08/2022
® U.S. Geological Survey map(s). Cite scale & quad name: Mt Holly NC Ouad Figure 5 : 04/08/2022
® Natural Resources Conservation Service Soil Survey. Citation: Figure 13a : 04/08/2022
▪ National wetlands inventory map(s). Cite name:
E State/local wetland inventory map(s):
FEMA/FIRM maps: Figure 8 : NFHL 04/08/2022
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure 7.04/08/2022
or E Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
Other information (please specify): Digital Elevation Model: Figure 9 : 04/08/2022 , APT Tool. 05/06/2022
(normal Conditions)
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 determinalions.
�r
Signature and date OP 'egulatory Signature and date of person requesting PJD
staff membercompletingPJD (REQUIRED, unless obtainingthe signature is
06/15/2022 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.

er�i+� j Preliminary Aquatic Resource Sketch Map ff
71621013VAS �► i��lY,,.�
i4r �� am
,Caldwell Dr, ���_j♦,•t�
f 2145 iamo��Sf;<�
Legend
O Review Area
o Streets
I I Gaston Co. Parcels
Contours: 2 Ft
Delineation
MINI Perennial
Intermittent
I• Culvert
Note: Stream length and area
includes culvert
Sen Marshall Arthur Rauch Hwy I- 85
Sen Marshall Arthur Rauch Hwy'
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.
Potential Non Wetland
CH 100 Lower: - 119 LF, 0.011 Ac
Potential Non Wetland
CH 100 Upper: - 109 LF, 0.009 Ac
100 200 300 400 Ft
Project Name: Caldwell Drive
Location: 70 Caldwell Drive Belmont, NC 28012
For: Beacon Partners Attn: Mr. Matt Lucarelli
Page 1 of 2
Figure:1 a
Coordinates: 35.259747° /-81.023438°
Date: May 09, 2022

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.
June 16, 2022
Layla Tallent
ATLAS Environmental, Inc.
338 South Sharon Amity Road #411
Charlotte, NC 28211
[e-mail]
Re: Construct medical offices, 70 Caldwell Drive, Belmont, Gaston County, ER 22-1552
Dear Ms. Tallent:
Thank you for your letter of May 26, 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.review@,ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
(-) State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
June 15, 2022
Ms Layla Tallent
Atlas Environmental, Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
Subject: Caldwell Drive Commercial Development in Belmont, Gaston County, North Carolina.
Dear Ms. Tallent:
On May 31, 2022, we received (via email) your information requesting our review of the subject project.
We have reviewed the information that you presented for this request and the following comments are
provided in accordance with the provisions of 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, Davis Moore Acquisition, LLC proposes to construct a
commercial development and associated infrastructure on approximately 13.7 acres off Caldwell Drive in
Belmont, Gaston County, North Carolina.
Federally Listed Species
An assessment of suitable habitat and/or presence/absence species surveys for five species were
conducted by environmental specialist with Atlas Environmental, Inc. on May 6, 2022. The findings
were compiled and included in the review request submitted to our office on May 31, 2022. The
following species and their associated habitats were evaluated.
Species
Status'
Bog turtle
Glyptemys muhlenbergii
T(S/A), ARS
Dwarf -flowered heartleaf
Hexastylis nanilora
T
Monarch
Danaus plexippus
CAN
Northern long-eared bat
Myotis septentrionalis
T, PE
Schweinitz's sunflower
Helianthus schweinitzii
E
'E = endangered, PE = proposed endangered, T = threatened, T(S/A) =
threatened due to similarity of appearance, and CAN = candidate
species.
Bog turtle is federally listed as threatened (due to similarity of appearance) and is not subject to section 7
consultation, therefore, an effects determination is not necessary. However, it is a species of concern for
our office, and we appreciate the project proponent's consideration of bog turtle when evaluating the
action area for impacts to federally listed species and their habitats. If bog turtle or suitable habitat is
identified on future projects within the proposed action area or proposed activities will impact hydrology

of suitable habitat (i.e. changing drainage patterns to/from wetlands), we recommend coordinating the
project with the U.S. Fish and Wildlife Service (Service) and the NC Wildlife Resources Commission.
The review request states that suitable habitat for dwarf -flowered heartleaf is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on May
6, 2022, we would concur with a "may affect, not likely to adversely affect" from the lead federal action
agency for this species.
Monarch butterfly is a candidate species, and we appreciate the project proponent's consideration of
monarch butterfly when evaluating the action area for impacts to federally listed species and their
habitats. The species is not subject to section 7 consultation, and an effects determination is not necessary.
General recommendations for pollinators can be provided and would be protective of monarch butterfly
should the project proponent like to implement them in the future.
Suitable summer roosting habitat for northern long-eared bat (NLEB) may present at the site. The 4(d)
rule exempts incidental take of NLEB associated with activities that occur greater than 0.25 mile from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup
season (June 1 — July 31). The proposed project occurs at a location where any incidental take that may
result from associated activities is exempt under the 4(d) rule. Although not required, we encourage the
project proponent to avoid any associated tree clearing activities during the NLEB active season from
April 1 — October 15.
On March 23, 2022, the Service published a proposal to reclassify NLEB as endangered under the Act.
The U.S. District Court for the District of Columbia has ordered the Service to complete a new final
listing determination for the NLEB by November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat,
currently listed as threatened, faces extinction due to the range -wide impacts of white -nose syndrome
(WNS), a deadly fungal disease affecting cave -dwelling bats across the continent. The proposed
reclassification, if finalized, would remove the current 4(d) rule for the NLEB, as these rules may be
applied only to threatened species. Depending on the type of effects a project has on NLEB, the change
in the species' status may trigger the need to re -initiate consultation for any actions that are not completed
and for which the Federal action agency retains discretion once the new listing determination becomes
effective (anticipated to occur by December 30, 2022). If your project may result in incidental take of
NLEB after the new listing goes into effect this will need to be addressed in an updated consultation that
includes an Incidental Take Statement. If your project may require re -initiation of consultation, please
contact our office for additional guidance.
The review request states that suitable habitat for Schweinitz's sunflower is present on site; however,
preliminary site plans indicate avoidance of suitable habitat (the powerline right-of-way (ROW)).
Additionally, based on photographs provided, we do not believe the Caldwell Drive ROW is suitable
habitat. Because suitable habitat for Schweinitz's sunflower will be avoided, we would agree with a "no
effect" determination from the lead federal action agency for this species.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if: (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2) the identified action is subsequently modified in a manner that was
not considered in this review, or (3) a new species is listed or critical habitat is determined that may be
affected by the identified action.
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Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
• Equipment Use in Riparian Areas and In -Stream. Equipment should be operated from the
streambank. If in -stream work is necessary, stone causeways, work bridges, or mats (designed
for the specific location and type of equipment) should be used. Work pads on streambanks or
approaches to in -stream work areas should minimize disturbance to woody vegetation.
Equipment operated in riparian areas and in/near aquatic resources should be inspected daily and
maintained regularly to prevent contamination of surface waters from leaking fuels, lubricants,
hydraulic fluids, or other toxic materials. Construction staging, toxic material storage, and
equipment maintenance, including refueling, should occur outside of the riparian area. The
project proponent should report any toxic material spills in riparian areas and/or aquatic resources
to the Service within 24 hours.
• Erosion and Sedimentation Control. Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization, water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
to effectively reduce erosion and sedimentation impacts, best management practices specific to
the extent and type of construction should be designed and installed prior to land -disturbing
activities and should be maintained throughout construction. Natural fiber matting (coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly, preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. For
maximum benefits to water quality and bank stabilization, riparian areas should be forested;
however, if the areas are maintained in grass, they should not be mowed. The Service can
provide information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https://deq.nc.gov/about/divisions/energy-mineral-land-resources.
• Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development
contributes to the increased quantity and decreased quality of stormwater entering project area
waterways. Additionally, increased development outside the floodplain increases stormwater
flows already caused by the lack of or loss of riparian buffers and floodplain development.
Recent studies' have shown that areas of 10 percent to 20 percent impervious surface (such as
roofs, roads, and parking lots) double the amount of stormwater runoff compared to natural cover
and decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent
impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75
percent impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is
decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is
essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater
runoff) to receiving waters. According to the Environmental Protection Agency, this
nonpoint-source pollution is one of the major threats to water quality in the United States, posing
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices.
GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN-0-934213-59-3.
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one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in
human populations from exposure through drinking water and contact recreational.
Increased stormwater runoff also directly damages aquatic and riparian habitat, causing
streambank and stream channel scouring. Additionally, 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. To avoid any
additional impacts to habitat quality within the watershed, we recommend that all new
developments, regardless of the percentage of impervious surface area created, implement
stormwater retention and treatment measures designed to replicate and maintain the hydrograph at
the preconstruction condition.
We recommend the use of low impact development techniques,2 such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining
and treating stormwater 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 development.
Where detention ponds are used, stormwater 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 stormwater, attenuating the potential adverse effects of stormwater surges;
thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of
stormwater control measures is to protect streams and wetlands, no stormwater control measures
or best management practices should be installed within any stream (perennial or intermittent) or
wetland.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be
used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store
heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within
the concrete.
Use of any of the proposed stormwater collection devices described above will dramatically
decrease the quantity and increase the quality of stormwater runoff.
• Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic
ecosystems. They accomplish the following:
o Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from
reaching streams.
o Enhance the in -stream processing of both point- and nonpoint-source pollutants.
o Act as "sponges" by absorbing runoff (which reduces the severity of floods) and by
allowing runoff to infiltrate and recharge groundwater levels (which maintains stream
flows during dry periods).
o Catch and help prevent excess woody debris from entering the stream and creating
logjams.
2We recommend visiting the Environmental Protection Agency's Web site (http://www.epa.gov/polluted-runoff-
nonpoint-source pollution/urban-runoff-low-impact-development) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.
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o Stabilize stream banks and maintain natural channel morphology.
o Provide coarse woody debris for habitat structure and most of the dissolved organic
carbon and other nutrients necessary for the aquatic food web.
o Maintain air and water temperatures around the stream.
Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100-year floodplain, whichever is greater])
should be created and/or maintained adjacent to all aquatic areas. Within the watersheds
supporting federally listed aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation. These buffers should extend a
minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from
the banks of all intermittent streams (or the full extent of the 100-year floodplain, whichever is
greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission,
etc.), and other infrastructure that requires maintenance, cleared rights -of -way and/or compromise
the functions and values of the forested buffers should not occur within these riparian areas.
• Stream Crossings. Bridges or spanning structures should be used for all permanent roadway
crossings of streams and associated wetlands. Structures should span the channel and the
floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic
and terrestrial organisms, and eliminate the need to place fill in streams, wetlands, and
floodplains.
Bridges should be designed and constructed so that no piers or bents are placed in the stream,
approaches and abutments do not constrict the stream channel, and the crossing is perpendicular
to the stream. Spanning some or all of the floodplain allows stream access to the floodplain,
dissipates energy during high flows, and provides terrestrial wildlife passage. When bank
stabilization is necessary, we recommend that the use of riprap be minimized and that a
riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in
the floodplain is necessary, floodplain culverts should be added through the fill to allow the
stream access to the floodplain during high flows.
If bridges are not possible and culverts are the only option, we suggest using bottomless culverts.
Bottomless culverts preserve the natural stream substrate, create less disturbance during
construction, and provide a more natural post -construction channel. Culverts should be of
sufficient size to leave natural stream functions and habitats at the crossing site unimpeded.
Culvert installation and presence should not change water depth, volume (flow), or velocity levels
that permit aquatic organism passage; and accommodate the movement of debris and bed material
during bankfull events. Widening the stream channel must be avoided.
• Utility Line Crossings. In the interest of reducing impacts to natural resources, utility crossings
(i.e., sewer, gas, and water lines) should be kept to a minimum, and all utility infrastructure
(including manholes) should be kept out of riparian buffer areas. If a utility crossing is necessary,
we recommend that you first consider the use of directional boring. Directional boring under
streams significantly minimizes impacts to aquatic resources and riparian buffers.
If directional boring cannot be used and trenching is determined to be the only viable method,
every effort should be made to ensure that impacts to in -stream features are minimized and
stabilized upon completion of the project. Our past experiences with open -trench crossings
indicate that this technique increases the likelihood for future lateral movement of the stream
(which could undercut or erode around the utility line), and the correction of such problems could
result in costly future maintenance and devastating impacts to natural resources. Therefore, as
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much work as possible should be accomplished in the dry, and the amount of disturbance should
not exceed what can be successfully stabilized by the end of the workday. In -stream work should
avoid the spring fish spawning season and should consider forecasted high flow events.
Regardless of the crossing method, all utility lines should cross streams perpendicularly. We
strongly encourage that a qualified biologist monitor the work area until the work is complete in
order to identify any additional impact -minimization measures. The Service may be available to
assist you in this effort.
To determine if any maintenance is required, the work site should be monitored at least every 3
months during the first 24 months and annually thereafter. Moreover, we recommend the
development of a riparian monitoring and maintenance program that would outline procedures for
the prompt stabilization of streambanks near the utility crossing (should any streambank erosion
or destabilization occur) throughout the life of this project.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at [e-mail], if you have any questions. In any future correspondence concerning
this project, please reference Log Number 4-2-22-381.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
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