HomeMy WebLinkAbout20211055 Ver 2_ePCN Application_20220902DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
9/2/2022
BIMS # Assigned* Version#*
20211055 2
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Doug Perez:eads\djperez
Information for Initial Review
la. Name of project:
COURTESY COPY Summit Ridge (AKA Archie Whitesides)
la. Who is the Primary Contact?*
Aliisa Harjuniemi
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
aliisa@cws-inc.net (980)259-1222
Date Submitted
9/2/2022
Nearest Body of Water
Crowders Creek
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude:
35.255271
A. Processing Information
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-81.252462
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.*
6/28/2021
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Donna and Neill Carson
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
298 Hascall Rd NW
Address Line 2
City State / Province / Region
Atlanta GA
Postal / Zip Code Country
30309 USA
2e. Telephone Number: 2f. Fax Number:
(980)505-8449
2g. Email Address: *
BMoss@myprofilehome.com
3. Applicant Information (if different from owner)
3a. Name:
Bob Moss
3b. Business Name:
Profile Homes
3c. Address
Street Address
601-B Eagleton Downs Dr
Address Line 2
City
Pineville
Postal / Zip Code
28134
3d. Telephone Number:
(980)505-8449
3f. Email Address: *
BMoss@myprofilehome.com
4. Agent/Consultant (if applicable)
4a. Name:
Aliisa Harjuniemi
4b. Business Name:
Carolina Wetland Services
4c. Address
Street Address
550 E Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
(980)259-1222
4f. Email Address: *
aliisa@cws-inc.net
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Gastonia
2. Project Identification
2a. Property Identification Number:
153793, 153794, 153796, 153799, and
153817
2c. Project Address
Street Address
3823 W Franklin Blvd
Address Line 2
City
Gastonia
Postal / Zip Code
28052
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Crowders Creek
3b. Water Resources Classification of nearest receiving water: *
Class C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011501
4. Project Description and History
2b. Property size:
37.5
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Summit Ridge (AKA Archie Whitesides) site consists of Gaston County Tax Parcel Nos. 153793, 153794, 153796, 153799, and 153817 (approximately 37.5 acres), and is located
southeast of the W.Franklin Blvd and Archie Whitesides Rd intersection in Gastonia, North Carolina (Figures 1 and 2, Attachment A).
The project area consists of undeveloped forested areas, clear cut areas, maintained grassy areas, and a sewerline right-of-way. On site elevations range from 680-730 feet above mean
sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, shrub/scrub, herbaceous areas, and woody wetlands. The surrounding land use consists
of undeveloped forested areas, single family homes, and commercial businesses. According to the United States Department of Agriculture - Natural Resources Conservation Service
(USDA-NRCS) Web Soil Survey of Gaston County (Figure 4) and the NRCS Published Soil Survey for Gaston County (Figure 5), on site soils consist of seven different soil types. Of the
on site soils listed on the Web Soil Survey, Chewacla and Helena soil series are listed as containing hydric inclusions. A review of the NWI GIS layer depicts a potential riverine system
across the southern portion of the project limits (Figure 6). FEMA National Flood Hazard Layer was reviewed for the project area (FEMA Panels 3710352500J. The northern portion of the
Archie Whitesides Site is located within the Area of Minimal Flood Hazard Zone. The southeastern portion of the project is located within the 1 % Annual Chance Flood Hazard Zone and
the Regulatory Floodway Zone (Figure 7). There are five jurisdictional waters of the U.S. located within the property. These waters consist of one jurisdictional wetland (Wetland AA), and
four jurisdictional stream channels (Streams A-D). The on -site jurisdictional features are depicted in Figure 8.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
General Permit Verification, SAW-2021-01026, dated 8.25.2021 is included in Attachment F.
4f. List the total estimated acreage of all existing wetlands on the property:
0.38 ac.
4g. List the total estimated linear feet of all existing streams on the property:
3,275 perennial
4h. Explain the purpose of the proposed project: *
The purpose of this project is to develop the property into townhomes. The project will provide housing for Gastonia, North Carolina to meet the growing demand for housing due to rapid
population growth in the area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under Nationwide Permit (NWP) No. 29, proposed stream impacts associated with this subdivision project are due to one road crossing (S1 and S2). The proposed impacts and
construction plan details are included in the Attachment C. The proposed impacts are described in detail below.
Stream Impacts (S1-S2)
To construct the proposed road crossing across Stream A, a culvert will be installed, resulting in 67 If of permanent impact, and permanent loss of waters (S1). A dewatering system will be
used to ensure all work is completed in the dry, and will result in 20 If of temporary impacts (S2). This impact is needed to cross Stream A at this location to meet driveway separation
distance per current fire code, and to maintain a safe site distance to the W Franklin Blvd. and Archie Whitesides Rd. intersection.
Typical heavy equipment will be used in grading operations (bulldozers, excavators, dump trucks, graders, etc.). After grading, fork lifts will be used for loading materials and access.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-01026
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
CWS
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Preliminary Jurisdictional Determination, SAW-2021-01026, dated 8.25.2021 is included in Attachment F.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
There are plans to eventually develop the property to the east (Attachment C). This will require crossing the Stream D. A bottomless culvert is currently under consideration. If the project
will result in additional impacts to the waters of the U.S., a permit modification request will be submitted to the USACE and NCDEQ.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Road crossing
Permanent
Culvert
Stream A
Perennial
Corps
4
Average (feet)
67
(linear feet)
S2
Dewatering device
Temporary
Dewatering
Stream A
Perennial
Corps
4
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
67
3i. Total stream and ditch impacts:
87
3j. Comments:
Proposed loss of waters totals 67 If
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The site plan has been designed to avoid
impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The proposed permanent
impacts to jurisdictional waters associated with this project are minimal, totalling 67 If of stream channel.
Headwalls will be used at the culvert crossing to minimize impacts. The proposed culvert will be buried one foot below the existing grade to facilitate the
aquatic life movement. Stream banks will be stabilized using natural methods including live stake planting and seeding.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to
onsite jurisdictional waters of the U.S. will comply with all conditions of the Nationwide Permit No. 29 and Water Quality Certificate No. 4256. All work in
jurisdictional waters of the U.S. will be conducted in the dry. All temporary fill will be removed and disturbed areas will be returned to the predisturbance
contours.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent stream impacts are below 0.02 acre mitigation threshold.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
This project is not adjacent to protected riparian buffers.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? x
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Gaston County Local Program
Comments:
Stormwater plan will be provided for review upon request.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This project will not result in cumulative impacts in the foreseeable future.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The development will tie into existing sewer just off -site to the west of the project limits. Jack and bore method will be used to bore under Stream A in the
southwestern portion of the development.
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?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field
investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by
County for North Carolina online database for Gaston County. In addition, CWS performed a data review using the North Carolina Natural Heritage
Program (NCNHP) Data Explorer to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat
were located within the project limits and conducted a habitat assessment within the study area. The results of the desktop review and habitat
assessment are included in the Protected Species Habitat Assessment report (Attachment D).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
https://www.fisheries. noaa.gov/resource/map/essential-fish-habitat-mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on May 11, 2021 to determine the presence of any areas of
architectural, historic, or archaeological significance that would be affected by this project. A pedestrian survey was conducted on April 28, 2021 and
revealed one single family home that was constructed in 1962. CWS also consulted the SHPO online GIS service. The search indicated there are no
known historical structures, buildings, sites, or districts existing within the project limits. In their response letter dated June 30, 2021, SHPO states that
they are aware of historic resources which would be affected by the project (Attachment E).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Firm No. 3710352500J
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Summit Ridge_Cover Letter and Attachments.pdf 13.74MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Aliisa Harjuniemi
Signature
Date
9/2/2022
CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
7M4-527-1177 (office)
7M4-527-1133 (fax)
To: Ms. Krystynka Stygar
Charlotte Regulatory Office
U.S. Army Corps of Engineers
Date: September 2, 2022
Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Summit Ridge (AKA Archie Whitesides; SAW-2021-01026)
Gastonia, North Carolina
CWS Project No. 2022-0103
Dear Ms. Stygar,
The Summit Ridge (AKA Archie Whitesides) site (Gaston County Tax Parcel Nos. 153793, 153794, 153796,
153799, and 153817 is approximately 37.5 acres in extent and is located southeast of the W. Franklin Blvd
and Archie Whitesides Rd. intersection in Gastonia, North Carolina (Figures 1 and 2, Attachment A). Profile
Homes has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting
services for this project. An executed Agent Authorization Form is attached (Attachment B).
On behalf of Profile Homes, CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit
No. 29 to the U.S. Army Corps of Engineers for proposed impacts to jurisdictional waters of the U.S.
associated with the development of a residential subdivision.
General Permit Verification for this project was originally issued on August 25, 2021. However, the
proposed road crossing would now result in 7 If of additional permanent impacts and the applicant
has changed.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-8
Attachment B - Agent Authorization Form
Attachment C - Impact Drawings
Attachment D - Protected Species Habitat Assessment Report
Attachment E - NC SHPO Response Letter
Attachment F - General Permit Verification & Preliminary Jurisdictional Determination, dated 8.25.2021
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have
any questions or comments regarding this request.
Sincerely,
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Summit Ridge (AKA Archie Whitesides) September 2, 2022
Attachments CWS Project No. 2022-0103
ATTACHMENT A:
Figures 1-8
Kentucky
State Location Extent
impneni-
Virginia
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iftjag
4.1040
LAO
South Carolina
Georgia
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oor.
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7
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C roWthrs
Mountain
State Park
'
►C41
logs 1 co•°%0rN
O
X
tr
Iv d
W f r ank
Archie Whitesides Road
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2020.
as anai9 !sac40
00
•
it
4
W Franktir' 134.rd
a IV Garriste an a.
o .y rY
0
fi
0
GI b
a Y:
T 0
rr S.i
W Hudson BIvd
South t
0, Gastoniaco
Q.
a.
N Cha;tar St
Ga!
Legend
Project Limits (37.5 ac.)
5,000 2,500
0
5,000 Feet
SCALE
1 inch = 5,000 feet
DATE
5/3/202 ;
CWS PROJECT NO
2021-0066
DRAWN BY:
MLB
COORDINATES:
35.255271, -81.252462
CHECKED BY:
AV H
t;
CAR 0LINA
WETLAND SERVICES
Vicinity Map
Archie Whitesides
Gaston County
Gastonia, North Carolina
FIGURE NO.
G:1Shared drives1Consuliing Team Drire1202112021 Consulting Projects12021-0066A chie WhitesideslJDWrcGIS\Figurel Vicinity.mxd
1R7HUR RAUCH HWY
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC OUADRANGLE(S): BESSEMER CITY AND GASTONIANORTH, NC (2019).
Legend
Project Limits (37.5 ac.)
2,000 1,000
0
2,000 Feet
SCALE:
1 inch = 2,000 feet
CWS PROJECT NO:
2021-0066
COORDINATES:
35.255271, -81.252462
DATE:
5/3/202"
DRAWN BY:
MLB
CHECKED BY:
AV H
CAROLINA
WETLAND SERVICES
FIGURE NO.
USGS Topographic Map
Archie Whitesides
Gaston County
Gastonia, North Carolina
G:IShared driveslConsulting Team Drive1202112021 Consulting Projects12021-0066Archie Whites idesUDIArcGISIFigure2_USGS.mxd
`'spat 0 ,. z4K
01.
thot s
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021-
BACKGROUND GIS LAYER(S) PROVIDED BYGASTON COUNTY GIS DEPARTMENT, DATED 2021-
Legend
Project Limits (37.5 ac.)
Tax Parcels
Roads
300
150
0
300 Feet
SCALE:
1 inch = 300 feet
DATE:
5/3/2021
CWS PROJECT NO:
2021-0066
DRAWN BY:
SN E
COORDINATES:
35.255271, -81.252462
CHECKED BY:
AV H
CAROLINA
WETLAND SERVICES
Aerial Map
Archie Whitesides
Gaston County
Gastonia, North Carolina
FIGURE NO.
3
G:lShared driveslConsulting Team ❑rive1202112021 Consulting Projects12021-0064Archie Whitesides JDWrcGISWFigure3_Aerial-mxd
CeD2
NO NAME
Coverage (%)
CeB2 Cecil sandy clay loam, 2 to 8 percent slopes. moderately eroded No
CfB
ChA
CoA
HeB
PaE
Cecil -Urban land complex, 2 to 8 percent slopes
Chewacla loam, 0 to 2 percent slopes, frequently flooded
Congaree loam, 0 to 2 percent slopes, occasionally flooded
Helena sandy loam, 1 to 6 percent slopes
Pacolet sandy loam, 15 to 25 percent slopes
VaB Vance sandy loam 2 to B percent slopes
No
Yes
No
Yes
No
No
177
6.9
20.1
9.8
27.3
1'1
C.•
Total Coverage
REFERENCE: USDA -MRCS SOIL SURVEY OF GASTON COUNTY, NC, DATED 2020.
100
Legend
Project Limits (37.5 ac.)
Roads
1.000
500
0
1,000 Feet
SCALE: DATE:
1 inch = 1,000 feet
5/3/2021
CWS PROJECT NO:
2021-0066
DRAWN BY:
SNE
COORDINATES:
35.255271, -81.252462
CHECKED BY:
AV H
t;
CAROLINA
WETLAND SERVICE5
USDA-NRCS Web Soil Survey FIGURE NC.
of Gaston County
Archie Whitesides
Gaston County
Gastonia, North Carolina
4
G:IShared dnveslConsulting Team ❑rive1202112021 Consulting Projects12021-0066 A chie Whites desUDlArcGISlFigure4_Current.mxd
"rA cr
TAD •.ram
LtI140,c
Soil Unit Name and Description
CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded
CfB
ChA
CoA
HeB
PaE
Cecil -Urban land complex, 2 to 8 percent slopes
Chewacla loam, 0 to 2 percent slopes, frequently flooded
Congaree loam, 0 to 2 percent slopes, occasionally flooded
Helena sandy loam, 1 to 6 percent slopes
Pacolet sandy loam, 15 to 25 percent slopes
VaB Vance sandy loam, 2 to 8 percent slopes
No
No
Yes
No
Yes
No
No
a)] W Franklin Blvd
REFERENCE. USDA-NRCS PUBLISHED SOIL SURV
EY OF GASTON COUNTY, NC, SHEETS 2, 3, 6, AND 7, DATED 1989-
Legend
.t �
.,
.6,:e*s. = Project Limits (37.5 ac.)
L,Q,,a _zrersm ii iiiasrr
2,000 Feet
2,000 1,000
0
SCALE:
1 inch = 2,000 feet
CWS PROJECT NO:
2021-0066
COORDINATES:
35.255271, -81.252462
DATE:
5/3/2021
DRAWN BY:
MLB
CHECKED BY:
AV H
t;
CAROLINA
WETLAND SERVICES
USDA-NRCS Published Soil Survey
of Gaston County
Archie Whitesides
Gaston County
Gastonia, North Carolina
FIGURE NO.
G:Shared dmeslConsulting Team ❑rive1202112021 Consulting Projects12021-0066A chie Whitesides JDiArcGIS\Figure5_Historic-mxd
VIE"DR
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2019.
BACKGROUND LAYER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2021.
SCALE
1 inch = 1,000 feet
CWS PROJECT NO
2021-0066
COORDINATES:
35.255271, -81.252462
DATE
5/3/202"
DRAWN BY:
CHECKED BY:
AV H
DEL
ar1P,DY OAK TRL
CAROLINA
WETLAND SERVICES
Legend
Project Limits (37.5 ac.)
Roads
National Wetland Inventory
Freshwater Forested/Shrub Wetland
Freshwater Pond
Riverine
1,000 500 0 1,000 Feet
National Wetland Inventory
Archie Whitesides
Gaston County
Gastonia, North Carolina
GAS hared drives1Consulfing Team Drrve1202112021 Consulting Projects12021-0066Archie WhitesidesLIDlArcGIS1Figure6_NWI.mxd
9
FIGURE NO.
6
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BYGASTON COUNTY GIS DEPARTMENT,
DATED 2021. FEMA NATIONAL FLOOD HAZARD LAYER PROVIDED BY FEMA DATED 2007.
Legend
Project Limits (37.5 ac.)
Roads
Flood Hazard Zones
Zone Type
1%Annual Chance Flood Hazard
Regulatory Floodway
Special Floodway
Area of Undetermined Flood Hazard
0.2% Annual Chance Flood Hazard
Future Conditions 1% Annual Chance Flood Hazard
Area with Reduced Risk Due to Levee
400
200
0
400 Feet
SCALE:
1 inch = 400 feet
DATE:
5/3/2021
CWS PROJECT NO:
2021-0066
DRAWN BY:
SNE
COORDINATES:
35.255271, -81.252462
CHECKED BY:
AV H
t;
CAROLINA
WETLAND SERVICES
FEMA National Flood Hazard Map
Archie Whitesides
Gaston County
Gastonia, North Carolina
FIGURE NO.
7
GAS hared driveslConsulting Team Drive1202112021 Consulting Projects12021-0O55Archie WhllesidesIJDArcGISlFigure7_FEMA.mxd
W-F.RpNi0\1 B1-VD
Perennial Stream D
1,500 If
V1ctoRY.-14
Perennial Stream A
540 If
Perennial Stream B
586 If
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON
COUNTY GIS DEPARTMENT, DATED 2021-
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED,AND MAPPED USING SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON APRIL 28, 2021. JURISDICTIONAL FEATURES WERE
FIELD VERIFIED BY THE USACE ON JUNE 2, 2021-
Wetland AA
0.38 acre
69
Legend
Project Limits (37.5 ac.)
Perennial Stream
Forested Wetland
Culvert
Culvert
Roads
Tax Parcels
•DP Data Point
■SCP Stream Classification Point
Indicates Flow
/-* Photo Location and Direction
400 Feet
SCALE:
1 inch = 400 feet
CWS PROJECT NO:
2021-0066
COORDINATES:
35.255271, -81.252462
DATE:
6/3/2021
DRAWN BY:
MLB
CHECKED BY:
AV H
CAROLINA
WETLAND SERVICES
Jurisdicitonal Boundaiers
Archie Whitesides
Gaston County
Gastonia, North Carolina
FIGURE NO.
G:IShaed dmeslConsulting Team Drive1202112021 Consulting Projectsl2021-0066Archie Whitesides JDWrcGISlFigureB_JDArchie(REVISED).mxd
Summit Ridge (AKA Archie Whitesides) September 2, 2022
Attachments CWS Project No. 2022-0103
ATTACHMENT B:
Agent Authorization Form
U.S. Army Corps of Engineers — Wilmington District - Regulatory Division
AGENT AUTHORIZATION
I. PROJECT/SITE INFORMATION
Site Name: Summit Ridge (AKA Archie Whitesides)
Property Identification Number(s): 153793. 153794. 153796. 153799. and 153817
11. jtEQ.UESTOR AUTHO131ZATION
I, the undersigned, Bob Moss ,hereby authorize Aliisa Hariuniemi , to act on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shall have the same effect as acts of my own.
Date
Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area
subject to federal jurisdiction under the regulatory authorities referenced above.
Routine Lases: This Information may be shared with the Department of Justice and other federal. state, and local government agencies, and the public, and may be made
available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved
jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE websiie.
Disclosure: Submission of requested information is voluntary, however, if information is not provided. the request fora jurisdictional determination cannot be evaluated nor
can a jurisdictional determination be issued.
January 2020
Summit Ridge (AKA Archie Whitesides) September 2, 2022
Attachments CWS Project No. 2022-0103
ATTACHMENT C:
Proposed Impacts
J
a_
FUTURE ROAD CROSSING
(SEE SHEETS 2 - 5 '
FOR DETAILS)
APPROX. LOCATION
CIL STREAM
PERENNIAL
STREAM A
(540 LF)
Know what's below.
Call before you dig.
/ PL
&7
H Y 29 ROAD
NN FROWN
4fr McKIM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28277
Phone: (704) 841-2588, Fax: (704) 841-2567
NC Licerise# F-1222
www.mckimcreed.com
L —� l
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I �' �•1, l' �i� f �•___
P.\ -=r
PERENNIAL �- J 1- 1- :------- - -- __.- - ----7_4:- -- - -- -
STREAM D . ,' ` - J
(1,500 LF) / Ir - � 2 _. - 1�
✓/ /� 7/..
/ _\ c. \ / i`�
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�� �~ ��-
- a! - - -. _ __ _=- - - -- yJ
V =�=� /
1
r
ss
5�-� 200'
PL
WETLAND AA
(0.38 AC)
PERENNIAL
STREAM B
(586 LF)
1 „=200'
VICINITY MAP
N.T.S.
IMPACT SUMMARY
LENGTH
(LF)
AREA
(SF)
AREA
(ACRES)
PERMANENT IMPACTS
66.5
412.29
0.0096
TEMPORARY IMPACTS
20
122.87
0.0028
PERENNIAL
STREAM C
(649 LF)
100'
0
200'
400'
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
CONCEPTUAL GRADING PLAN
DATE:
JULY 2022
MCEPROJ.#
07780-0010
DRAWN
JLM
DESIGNED
JCB
CHECKED
PMN
PROJ. MGR.
PMN
SCALE
HORIZONTAL:
1"= 200'
VERTICAL:
NIA
0RAWIN NO.
1
REVISION
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
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GAS 1 GASI \
ARCHIE WHITESIDES ROA'
Perennial Stream A -Road Crossing
SI: 67 If Permanent Impact (culvert)
52: 20 If Temporary Impact (dewatering
(10 LF IMPACT UPSTREAM
10 LF IMPACT DOWNSTREAM)
(SEE SHEET 5 FOR DETAIL)
15' STREAM BUFFER
(SHOWN FROM TOP OF BANK)
Know what's below.
Call before you dig.
Yi7�_ iN JmIF.N.wF-i-
-,,
abli Li.*
1--117
HEADWALL #tl Iliqi 11 r . 0 =_ , 4-20
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4fr McKIM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28277
Phone: (704) 841-2588, Fax: (704) 841-2567
NC Licerise# F-1222
www-mckimcreed-com
— - '2-
r.
----7
—70
-70
ti 21
23,1 22
�g—
PROP. 5' SIDEWALK
(TYP)
1,3
SSA
PROP. DEWATERIN�
(SEE DETAIL SHEET 5
FUTURE ROAD
PROP. 6' PLANTING AREA
(TYP)
APPROX. C!L LOCATION
PERENNIAL STREAM 'A'
(540 LF)
no
S❑
S-D —
1
(Or
Jc
G
u
c
30'
1 "=30'
15'
0
30'
60'
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
CONCEPTUAL STREAM CROSSING
DATE:
JULY 2022
MCEPROJ. #
07780-0010
DRAWN
JLM
DESIGNED
JCB
CHECKED
PMN
PROJ. MGR.
PMN
SCALE
HORIZONTAL:
VERTICAL:
NIA
ORAWIN N0.
2
2OF5
REVISION
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
Know what's below.
Call before you dig.
41vicKIM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28277
Phone: (704) 841-2588, Fax: (704) 841-2567
NC Licerise# F-1222
www.mckimcreed.corn
720
720
PROP. GRADE
(TYP.)
HW-1 TOP: 712.55'
1
710
PROP. HEADWALL PER
NCDOT STD 838.80
(TYP)
INV. OUT: 704.55'
f
700
J
U
Q.
0
re
+1. tin'
1
60.0° (B n 129
HW-2 TOP: 712.79'
PROP. 8" DIP WATERLINE
710
EX. GRADE (TYP.)
INV. IN: 705.29'
700
695
0+00
1 +00
1"=40' (HORIZ.)
40' 0 40'
Inwinwinwinwinwim
4' 0 4'
1"=4' (VERT.)
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
CULVERT PROFILE
DATE:
JULY 2022
MCE PROJ. #
07780-0010
DRAWN
JLM
DESIGNED
JCB
CHECKED
PMN
PROJ. MGR.
PMN
SCALE
HORIZONTAL:
VERTICAL:
I
8'
ORAWIN NT5.
3
3OF5
j REVISION
"STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
Know what's below.
Call before you dig.
4fr McKIM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28277
Phone: (704) 841-2588, Fax: (704) 841-2567
NC Licerise# F-1222
www.mckimcreed.com
720
720
710
PROF
(TYP
/—EX. G
710
1
\\
±2
88'
- rI
I
/
v
V
PROF
BUR!
700
0+00
1 +09-20.64
. GRADE
RASE (TYP.)
. 60" RCP
ED 12"
1" 0' (HORIZ.)
40' 0 40'
InwinwinwoMmiwi
4' 0 4'
1 "=4' (VERT.)
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
FUTURE ROAD PROFILE
DATE:
JULY 2022
MCEPROJ.#
07780-0010
DRAWN
JLM
DESIGNED
JCB
CHECKED
PMN
PROJ. MGR.
PMN
SCALE
HORIZONTAL:
VERTICAL:
I
8'
ORAWIN NO.
4
4 0- 5
REVISION
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
SECTION A - A
PLAN VIEW
1. QgPT1ON
THE WORK SHALL CONSIST OF INSTALLING A PUMP AROUND WHEN CONSTRUCTION ACTIVITIES TAKE PLACE
WITHIN THE STREAM CHANNEL
N. MATERIAL SPECIFICATION,
SANDBAGS: SANDBAGS SHALL CONSIST OF MATERIALS WHICH ARE RESISTANT TO ULTRAVIOLET RADIATION,
TEARING AND PUNCTURE, AND WOVEN TIGHTLY ENOUGH TO PREVENT LEAKAGE OF FILL MATERIAL (Le., SAND,
FINE GRAVEL ETC.).
M. CONSTRUCTION REQUIREMENTS
I. ALL EROSION AND SEDIMENT CONTROL DEVICES SHALL BE INSTALLED AS THE FIRST ORDER OF WORK.
2. THE HEIGHT OF THE SANDBAGS SHALL BE AS INDICATED IN SECTION A -A. THE SANDBAGS SHALL BE
PLACED ON A SMOOTH PREPARED SURFACE.
3. ALL EXCAVATED MATERIALS SHALL BE DISPOSED OFF OUTSIDE THE 10G YEAR FLOOD PLAIN UNLESS
APPROVED ON THE PLANS BY THE IRA.
4. ALL DEWATERING OF THE CONSTRUCTION AREA SHALL BE PUMPED TO A WRA APPROVED DEVICE.
5. THE PUMP SHALL BE OF SUFFICIENT SIZE TO CONVEY NORMAL STREAM FLOW.
6. SEDIMENT CONTROL DEVICES ARE TO REMAIN IN PLACE UN11L ALL DISTURBED AREAS ARE STABIUZED AND
THE INSPECTING AUTHORITY APPROVES THEIR REMOVAL.
NOTES
- MAT ALL SLOPES IMMEDIATELY AFTER CONSTRUCTION
STREAM PUMP AROUND
NOT TO SCALE
W1 (FT.)
-0"#
111111
1■■■II
111111
1■■■I
111111
H2
H1
8" O.C.(TYP.)
REFER TO CHART
FOR BAR SIZE
ELEVATION
P LAN
H1
1'-0"
CCP
D 6"
SIDE
NOTES:
* THIS PRECAST ENDWALL MAY BE USED FOR THE FOLLOWING
STANDARDS: 636.01, 838.11, 838.21, 836.27, 838.33,
838.39, 838.51, 838.57, 838,63 AND 838.69.
• INSTALL PRECAST ENDWALLS WITH WINGS AND PAY
FOR IN ACCORDANCE WITH SPECIFICATION SECTION 838.
• USE 4000 PSI CONCRETE.
• PROVIDE ALL REINFORCING STEEL WHICH MEETS ASTM A615
FOR GRADE 60 AND WELDED WIRE FABRIC CONFORMING
TO ASTM A185 WITH 2" MIN. CLEARANCE.
H2 • PLACE LIFT HOLES OR PINS IN ACCORDANCE WITH
OSHA STANDARD 1926.704,
" PIPE TO BE GROUTED INTO HEADWALL AT JOB SITE BY
CONTRACTOR
• ALL ELEMENTS PRECAST TO MEET ASTM C913.
* WELDED WIRE FABRIC MAY BE SUBSTITUTED FOR REBAR
AS LONG AS THE SAME AREA OF STEEL I5 PROVIDED.
• CHAMFER ALL CORNERS 1" OR HAVE A RADIUS OF 1".
B" O.C.(TYP.)
REFER TO CHART
FOR BAR SIZE
NOTE: THE MINIMUM BAR SIZE SHALL BE N5 BARS
AT 8" CTS,THE CONTRACTOR WILL HAVE THE OPTION
TO INCREASE THIS BAR SIZE AS NEEDED.
ENDWALL DIMENSIONS
FT.
MINIMUM
MIN./MAX.
MIN./MAX.
MIN./MAX.
MIN.IMAX.
MIN./MAX.
PIPE DIA.
BAR SIZE
H1(FT.)
H2(FT.)
D (FT.)
W1
W2
1.0
#5 8 8"
1.2512.00
2.00/3.75
1.25/1.75
3.00/3.75
5,50/6.00
1.25
#5 @ 8"
1.25/2.00
3.00/3.75
1.25/2.00
3.50/3,75
6,50/6.75
1,50
#5 @ 8"
1.25/2.00
3.00/4.25
1.5012.50
3.50/3.75
6,50/6.75
2.0
#5 @ 8"
1.50/2.50
4.00/4.75
1.75/2.50
4.00/4.25
7.50/8.25
2.5
#5 @ 8"
2.50/3.50
4.00/6.00
2.00/3.00
4.50/5.50
10.00/11.50
3.0
#5 @ 8"
3.00/3.50
5.00/6.00
2.75/3.50
5.25/5.75
11.50/11.75
3.5
#5 @ 8"
3.25/4.50
6.00/6.75
3.25/3.50
6.00/6.75
12.00/13.25
4.0
#5 @ 8"
3.50/4.50
6.50/7.00
3.25/3.50
6.50/6.75
13.00/13.25
4.5
#5 @ 8"
4.00/5.00
6.50/8.50
3.25/4.00
7.00/9.25
13.50/15.75
5.0
#5 @ 8"
4.50/5.00
7.00/8.50
3.25/4.00
7.25/9.25
13.75/15.75
5.5
#5 @ 8"
4.50/5.00
7.50/8.50
3.25/4.00
7.25/9.25
14.00/15.75
6.0
#5 8 8"
4.50/5.00
7.50/8.50
3.25/4.00
7.75/9.25
14.75/18.75
ROADWAY STANDAR❑ ❑RAWING FOR
J
—J
3
W
1—
W
CC
C.7
0
cs
1-
a
L.]
W
CC
CL
FOR SINGLE
SHEET 1 OF 1
838.80
41vicKIM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (704) 841-2588, Fax: (704) 841-2567
NC License# F-1222
www.mckimcreed.com
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
BYPASS PUMPING DETAIL
DATE:
JULY 2022
MCE PROJ. #
07780
0010
DRAWN
JLM
DESIGNED
JCB
CHECKED
PMN
PROJ. MGR.
PMN
SCALE
HORIZONTAL:
NIA
VERTICAL:
NIA
� J
DRAWINL. NO.
5
5 OF 5
REVISION
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
Summit Ridge (AKA Archie Whitesides) September 2, 2022
Attachments CWS Project No. 2022-0103
ATTACHMENT D:
Protected Species Habitat Assessment Report
CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (offi ce)
704-527-1133 (fax)
May 14, 2021
Kent Olson
Development Solutions Group, LLC
11121 Carmel Commons Blvd. #360
Charlotte, NC 28226
Subject:
Dear Mr. Olson,
Protected Species Habitat Assessment Report
Archie Whitesides
Gastonia, North Carolina
CWS Project No. 2021-0066
Development Solutions Group, LLC, has contracted Carolina Wetland Services, Inc. (CWS) to
provide a protected species habitat assessment for the Archie Whitesides project. The Archie
Whitesides project is approximately 37.5 acres in extent and is located southeast of the Archie
Whitesides Rd and W. Franklin Blvd. intersection in Gastonia, North Carolina (Figure 1,
attached).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Gaston County'. In addition, CWS
performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data
Explorer2 on April 28, 2021 to determine if any record occurrences of federally -listed, candidate
endangered, threatened species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS3 and
NCNHP4 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
1
z
3
4
United States Fish and Wildlife Service, Raleigh Field Office. Accessed April 28, 2021. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/specieslcntylistlgaston.html
North Carolina Natural Heritage Data Explorer. Accessed April 28, 2021. https:llncnhde.natureserve.orgl
U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. https://www.fws.govlsoutheastlpdf/fact-sheet/north-carding-optimal-survey-windows-for-at-risk-and-listed-plants.pdf
Accessed April 28, 2021.
Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.govlraleighlspecieslcntylistlnc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Pagel of 6
Archie Whitesides May 14, 2021
Protected Species Assessment Report CWS Project No. 2021-0066
Gaston County5 and aerial imagery were also reviewed for potential habitat of listed species
within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists, Megan Bollero, WPIT5, and Sarah Ellingson, Staff Scientist I, conducted a
pedestrian habitat assessment of the project area on April 28, 2021. Potential habitats for
potentially occurring federally -protected species that were identified during the desktop review
were assessed in the field for the quality of physical and/or biological features essential to the
conservation of the applicable species. Additionally, during the pedestrian habitat assessment,
areas were reviewed for applicable federally protected species. Identification references for
natural communities include the National Land Cover Database (2011}'.
Results
Based on the NCNHP data explorer review, there are no current occurrences of federally
protected species within a one -mile radius of the project limits (Attachment A). The USFWS
lists four federally protected species for Gaston County (Table 1). An official species list has not
been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Archie Whitesides, Gaston County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
He/ianthus
schweinitzii
Schweinitz's
sunflower
E
Current
Plant
Hexasty/is
nanifiora
Dwarf -flowered
heartieaf
T
Current
Animal
Myotis
septentriona/is
Northern -long-eared
bat
T
Current
Animal
Hatraeetus
teucocephatus
Bald eagle
BGPA
Current
E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Four terrestrial community types were identified within the project area during the field survey.
These community types consist of undeveloped forest, clear-cut areas, open grassy areas, and
woody wetlands (Figure 3). Of the identified on -site community types, the forested areas and
open grassy areas are considered potential habitat for federally threatened or endangered
species that could potentially occur within the project limits. A brief description of each species
habitat requirements and determination of effect findings are listed below by species.
5 United States Department of Agriculture, 2020. Web Soil Survey of Gaston County, North Carolina. Accessed
04/2812021. Source: https:llwebsoilsurvey.nres.usda.govlapp1HomePage.htm
6 Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program
7 MLRC. National Land Cover Database, 2011. https:llwww.mr1c.govinlcd11_leg.php
Page 2 of 6
Archie Whitesides May 14, 2021
Protected Species Assessment Report CWS Project No. 2021-0066
Schweinitz's sunflower (Hellanthus schwelnitzll)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.8 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within a one -mile radius of the project. A desktop review of the site was
conducted on April 28, 2021, and determined that the Cecil and Pacolet soil series that
have known Schweinitz's sunflower populations are found within the project limits. The
open grassy areas are potential habitat, but no Hellanthus species were observed during
the site visit on April 28, 2021 (Photographs 1-3). The forested areas within the project
limits do not provide adequate sunlight to support Schweinitz's sunflower (Photograph
4). The clear-cut areas are too disturbed to support Schwenitz's sunflower (Photograph
5). Due to the presence of potential habitat, CWS recommends a survey for this
species during the optimal survey window (late August - October; Attachment C).
Dwarf -flowered heartleaf (Hexastylis naniflora)
Habitat Description:
Dwarf -flowered heartleaf is endemic to the western Piedmont and foothills of North and
South Carolina. This herbaceous evergreen is found in moist to rather dry forests along
bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and
ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as
Pacolet, Madison, and Musella, among others. Occurrences are generally found on a
north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain
Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the
most viable occurrences. However, less viable remnant occurrences are found in
disturbed habitats, including logged, grazed, mown, and residential/commercial
developed lands; areas converted to pasture, orchards, and tree plantations; roadside
rights -of -way; and on upland slopes surrounding man-made ponds or lakes.9
8 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helienthus s�hweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http:Pecos .fws.govldocslfederal_register/fr1852.pdf.
North Carolina Department of Transportation NRTR Guidelines for Consultants. T&E Animal and Plant Habitat Descriptions.
https:llcon nect. ncd ot.govlresourceslenvironmental/pageslenvironmen to I-compliance-guides.a spx
Page 3 of 6
Archie Whitesides May 14, 2021
Protected Species Assessment Report CWS Project No. 2021-0066
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project. The desktop
review and field survey assessment determined that the Pacolet soil series associated
with the dwarf -flowered heartleaf is found in the eastern portion of the project limits The
stream side areas throughout the project limits are potential habitat for the
dwarf -flowered heartleaf (Photographs 6-9). The areas of potential habitat are shown in
Figure 3, but the majority of these areas will be avoided during construction (see the
attached site plan, Attachment ❑). The streamside area that will be disturbed during
construction lacks the soils commonly associated with dwarf -flowered heartleaf. In
addition, one side of the stream in this area is roadside, and the other side has been
cleared, which does not provide suitable habitat for dwarf -flowered heartleaf. No
individuals of dwarf -flowered heartleaf or other Hexastylls species were observed within
the area of proposed disturbance. As no individuals of dwarf -flowered heartleaf
were observed within the areas where the potential habitat and construction
disturbances overlap, CWS concludes that this project may affect, but is not likely
to adversely affect dwarf -flowered heartleaf.
Northern long-eared bat (Myotis septentrronalls)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, or structures that mimic similar conditions such as culverts greater than
48-inch in diameter.10 The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. No culverts greater
than 48-inch were observed within the study area.
The Archie Whitesides project is within range of the NLEB,11. However, there are no known
hibernaculum within 0.25 miles from a site and no known occupied maternity roost within 150
feet. In addition, the forested areas are very small areas with only a few trees which would not
provide enough habitat for the NLEB.
In accordance with the final 4(d) rule (effective as of February 16, 2016), any incidental take that
may result from associated activities is exempt under the 4(d) rule. Therefore, the project as
proposed is exempt under the 4(d) rule.
Bald eagle (Hallaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,12 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald
eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes,
reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
1° United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule.
https://www.gpo.gov/fdsys/pkg/FR-201 6-0 1 -14/pdf/2 016 -00 617. pdf
11 The U.S. Fish and Wildlife Service (USFWS) 2016. https:Ilwww.fws.govlmidwestlendangeredlmammalslnleblpdfIWNSZone.pdf
12 https:Ilwww.fws.govlmidwestlMidwestBirdleaglepermitslbagepa.html
Page 4of6
Archie Whitesides May 14, 2021
Protected Species Assessment Report CWS Project No. 2021-0066
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on April 28, 2021 using 2021 color aerials. No water bodies
large enough or sufficiently open to be considered potential feeding sources were identified.
According to the NCNHP database, there are no current occurrences of this species within 1.0
mile of the project study area. Since there was no foraging habitat within the review area, a
survey of the project study area and the area within the project limits was not conducted. No
bald eagles or bald eagle nests were observed within the study area at the time of the site visit.
Due to the lack of optimal habitat within the project limits, as the site is located within an urban
landscape, CWS concludes that this project will have no effect on this species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, suitable habitat was not observed
within the project limits for bald eagles. CWS has concluded that activities within the project
area will not directly or indirectly jeopardize the continued existence of bald eagles.
Potential habitat was observed within the project limits for the dwarf -flowered heartleaf.
However since no individuals of this species were observed within the areas where potential
habitat and construction disturbances overlap, CWS concludes that the project may affect, but
not likely to adversely affect dwarf -flowered heartleaf.
Potential habitats for Schweinitz's sunflower were observed within the project limits. CWS
recommends a survey for this species during the optimal survey window (Attachment C).
Based on the project area location, no tree removal activities will occur within a 150-foot radius
of a known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed
within 0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take
on NLEB that may result from associated activities is exempt under the 4(d) rule and
notifications will follow the SLOPES agreement13
Biological determinations requirements for federally protected species are summarized in Table
2.
Table 2. Biological Determination Requirements 5ummary Table for Federally Protected Species
Scientific Name
Common Name
Federal
Status*
Effect on Listed
Species
He/ranthus schwernitzrr
Schweinitz's sunflower
E
May Effect
Hexastytrs nanrftora
dwarf flowered
heartleaf
T
MANLAA**
Myotrs septentrronatrs
Northernbat g eared
T
Exempt
Hatraeetus
teucocephatus
Bald eagle
BGPA
No Effect
E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
** MANLAA - May affect but not likely to adversely affect
13 http:llwww.fws.govlashevillelhtmislproject_reviewlNLEB_in_WNC.html
Page 5 of 6
Archie Whitesides
May 14, 2021
Protected Species Assessment Report CWS Project No. 2021-0066
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency's determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Bollero at 757-576-6433 or megan@cws-inc.net should you have any
questions or comments regarding this report.
Sincerely,
Megan Bollero, WPIT
Project Scientist
Aliisa Harjunierni, PWS
Senior Project Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Gaston County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-9)
Attachment C: Optimal Survey Windows
Attachment ❑: Site Plan
Page 6 of 6
v F R AVE
;R7NUR RAUCi4 NWV
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S) BESSEMER CITY AND GASTONIA NORTH, NC (2019)
Legend
Project Limits (37.5 ac.)
2,000 1,000
0
2,000 Feet
SCALE:
1 inch = 2,000 feet
CWS PROJECT NO:
2021-0066
COORDINATES:
35.255271, -81.252462
DATE:
5/3/202"
DRAWN BY:
MLB
CHECKED BY:
AV H
CAROLINA
WETLAND SERVICES
USGS Topographic Map
Archie Whitesides
Gaston County
Gastonia, North Carolina
FIGURE NO.
1
G:IShared drnveslConsuIting Team Drive1202112021 Consuking Projects12021-0066Archie WhitesidesUDIArcGISIFigure2_USGS.mxd
CeD2
NO NAME
Coverage (%)
CeB2 Cecil sandy clay loam, 2 to 8 percent slopes. moderately eroded
CfB
ChA
CoA
HeB
PaE
Cecil -Urban land complex, 2 to 8 percent slopes
Chewacla loam, 0 to 2 percent slopes, frequently flooded
Congaree loam, 0 to 2 percent slopes, occasionally flooded
Helena sandy loam, 1 to 6 percent slopes
Pacolet sandy loam, 15 to 25 percent slopes
VaB Vance sandv loam 2 to B percent slopes
No
No
Yes
No
Yes
No
No
177
6.9
20.1
9.8
27.3
1'1
C.•
Total Coverage
REFERENCE: USDA -MRCS SOIL SURVEY OF GASTON COUNTY, NC, DATED 2020.
100
P:4eE
‚aD
Legend
Project Limits (37.5 ac.)
Roads
1.000
500
0
1,000 Feet
SCALE: DATE:
1 inch = 1,000 feet
5/3/2021
CWS PROJECT NO:
2021-0066
DRAWN BY:
SN E
COORDINATES:
35.255271, -81.252462
CHECKED BY:
AV H
CAR❑ LI NA
WETLAND SERVICES
USDA-NRCS Web Soil Survey FIGURE NC.
of Gaston County
Archie Whitesides
Gaston County
Gastonia, North Carolina
G:IShaed dnveslConsulting Team ❑rivel202112021 Consulting Projects12021-0164A chie Whitesides JDlArcGISlFigure4_Current.mxd
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BYGASTON COUNTY GIS DEPARTMENT,
DATED 2021. WETLAND DELINEATION AND HABITAT ASSESSMENT PERFORMED BY
CWS, INC. ON APRIL 28, 2021. FEATURES HAVE NOT BEEN VERIFIED BY THE USACE.
Legend
Project Limits (37.5 ac.)
Potential Schweinitz's Sunflower Habitat
Potential Dwarf -flowered Heartleaf Habitat
Area of Disturbance
VZ Forested Wetland
Perennial Stream
Culvert
Roads
Tax Parcels
N Photo Location and Direction
300
150
0
SCALE:
1 inch = 300 feet
CWS PROJECT NO:
2021-0066
COORDINATES:
35.255271, -81.252462
DATE:
5/14/2021
DRAWN BY:
SNE
CHECKED BY:
AV H
CAR❑ LI NA
WETLAND SERVICES
Aerial Map
Archie Whitesides
Gaston County
Gastonia, North Carolina
G:IShared drrreslConsukingTeam Drive1202112021 ConsukingProjec[s12021-0055Archie Whites ides'PETSiArcGIS\Figure3_Aerial.mxd
FIGURE NO.
3
Archie Whites ides May 14 2021
Attachments CWS Project No.2021-W66
Attachment A:
NCNHP Report
limo
■■ " NC DEPARTMENT OF
EN so NATURAL AND CULTURAL RESOURCES
m ■m■
April 28, 2021
Megan Bollero
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte , NC 28273
RE: Archie Whitesides
Dear Megan Bollero:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-14559
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the U5 Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.gaov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodnPy.butIPr( nrdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER, RALEIIGH. NC 27699
9 OFC 919.707.9120 • FAX 919.707.9121
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Archie Whites ides May 14 2021
Attachments CWS Project No.2021-W66
Attachment B:
Photopage (Photographs 1-9)
Archie Whitesides
Attachment B: Photopage
May 14, 2021
CWS Project No. 2021-0066
Photograph 9. View of marginal habitat for Schweinitz's sunflower, facing south.
Photograph 2. View of marginal habitat for Schweinitz's sunflower, facing northwest.
Photopage 1 of 5
Archie Whitesides
Attachment B: Photopage
May 14, 2021
CWS Project No. 2021-0066
Photograph 3. View of marginal habitat for Schweinitz's sunflower, facing southwest.
Photograph 4. View of unsuitable habitat for Schweinitz's sunflower, facing northeast.
Photopage 2 of 5
Archie Whitesides
Attachment B: Photopage
May 14, 2021
CWS Project No. 2021-0066
Photograph 5. View of unsuitable habitat for Schweinitz's sunflower and dwarf -flowered
heartleaf, facing southwest.
Photograph 5. View of marginal habitat for dwarf -flowered heartleaf, facing southwest.
Photopage 3 of 5
Archie Whitesides
Attachment B: Photopage
May 14, 2021
CWS Project No. 2021-0066
Photograph 7. View of marginal habitat for dwarf -flowered heartleaf, facing northeast.
Photograph 8. View of marginal habitat for dwarf -flowered heartleaf, facing northeast.
Photopage 4 of 5
Archie Whitesides
Attachment B: Photopage
May 14, 2021
CWS Project No. 2021-0066
Photograph 9. View of marginal habitat for dwarf -flowered heartleaf, facing northwest.
Photopage 5 of 5
Archie Whites ides
Attachments
May 14 2021
CWS Project No. 2021-0066
Attachment C:
Optimal Survey Windows
OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR
NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Aeschynomene virginica
sensitive joint -vetch
T
July —October
1
Amaranthus pumilus
seabeach amaranth
T
July - October
(or before first tropical storm
that causes overwash)
1
Amorpha georgiana var.
georgiana
Georgia lead -plant
ARS
late April — October
2
Cardamine micranthera
small-anthered
bittercress
E
April - May
1
Carex impressinervia
impressed -nerved sedge
ARS
April - May
2
Carex lutea
golden sedge
E
mid April - mid June
2
❑ionaea muscipula
Venus flytrap
ARS
late May —June
2
Echinacea laevigata
smooth coneflower
E
late May — October
2
Fimbristylis perpusilla
Harper's fimbristylis
ARS
July — September
2
Geum radiatum
spreading avens
E
June —September
2
Gymnoderma lineare
rock gnome lichen
E
year round
2
Hedyotis purpurea var.
montana
Roan Mountain bluet
E
June —July
2
Helianthus schweinitzii
Schweinitz's sunflower
E
late August — October
2
Helonias bullata
swamp pink
T
April — May
2
Hexastylis naniflora
dwarf -flowered heartleaf
T
March — May
2
Hudsonia montana
mountain golden heather
T
late May - early June
2
lsoetesmicrovela
thin -wall quillwort
ARS
April —July
1
lsotria medeoloides
small whorled pogonia
T
mid May - early July
1
Liatris helleri
Heller's blazing star
T
July — September
2
Lindera melissifolia
pondberry
E
February —March;
September - October
2
Lindera subcoriacea
bog spicebush
ARS
March - August
2
Lobelia boykinii
Boykin's Lobelia
ARS
May —July
2
Ludwigia ravenii
Raven's seedbox
ARS
June - October
2
Lysimachia asperulaefolia
rough -leaved loosestrife
E
mid May —September
2
Macbridea caroliniana
Carolina birds -in -a -nest
ARS
July — November
2
Minuartia godfreyi
Godfrey's stitchwort
ARS
April — June
2
Oxypolis canbyi
Canby's dropwort
E
mid July — September
2
Platanthera integrilabia
white fringeless orchid
T
mid July - late August
2
Ptilimnium nodosum
harperella
E
July —early September
(during low water)
1
Rhus michauxii
Michaux's sumac
E
May — October
2
Rhynchospora crinipes
hairy-peduncled beakrush
ARS
July — September
2
Rudbeckia heliopsidis
sun -facing coneflower
ARS
July —September
2
Sagittaria fasciculata
bunched arrowhead
E
mid May —July
2
Sarracenia oreophila
green pitcher -plant
E
late April — October
2
Sarracenia purpurea var.
montana
mountain purple pitcher-
plant
ARS
April — October
2
Sarracenia rubra ssp. jonesii
mountain sweet pitcher-
plant
E
April — October
2
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
15 VALID
Schwalbea americana
American chaffseed
E
May August
(1-2 months after a fire)
2
Sisyrinchium dichotomum
white irisette
E
late May —July
2
Solidago plumosa
Yadkin River goldenrod
CCA
September — October
2
Solidago spithamaea
Blue Ridge goldenrod
T
July —September
2
Symphyotrichum georgianum
Georgia aster
CCA
October - mid November
2
Spiraea virginiana
Virginia spiraea
T
May - early July
2
Sporobolus teretifolius
wire -leaved dropseed
ARS
July — September
(following fire)
2
Thalictrum cooleyi
Cooley's meadowrue
E
mid June - early July
2
Tsuga caroliniana
Carolina hemlock
ARS
year round
2
STATUS KEY:
E - Federally endangered
T - Federally threatened
ARS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by
a third party for listing. ARS species listed above have "substantial" 90-day findings and are undergoing status
reviews (awaiting 12-month findings).
CCA - Species subject to a candidate conservation agreement.
OTHER NOTES:
These survey windows were determined from species recovery plans, field observations, herbaria specimens, and
NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish
and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office
webpage at https://www.fws.gov/raleigh/.
If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely
request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are
reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project
planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the
Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520
Version date: March 10, 2020
Archie Whites ides
Attachments
May 14 2021
CWS Project No.2021-W66
Attachment D:
Site Plan
Summit Ridge (AKA Archie Whitesides) September 2, 2022
Attachments CWS Project No. 2022-0103
ATTACHMENT E:
NC SHP() Response Letter
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M Bartos, Administrator
Governor Roy Cooper Secretary D. Reid TOl4nn
June 30, 2021
Megan Bollero, WPIT
Carolina Wetland Services, Inc.
550 East Westinghouse Boulevard
Charlotte, NC 28273
megan@cws-inc.net
Re: Construct Archie Whitesides residential development, intersection of Archie Whitesides Road &
West Franklin Boulevard, 35.255271, -81.252462, Gaston County, ER 21-1259
Dear Ms. Bollero:
Thank you for your email of May 11, 2021, 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 Scavice Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898
Summit Ridge (AKA Archie Whitesides) September 2, 2022
Attachments CWS Project No. 2022-0103
ATTACHMENT F:
General Permit Verification
&
Preliminary Jurisdictional Determination
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2021-01026
County: Gaston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
Size (acres):
Nearest Town:
Nearest Waterway:
Coordinates:
River Basin/HUC:
Development Solutions Group, LLC / Attn: Kent Olson
11121 Carmel Commons Blvd. #360
Charlotte, NC 28226
704-543-0760
37.5
Gastonia
Crowders Creek
35.255271 -81.252462
Catawba/ 03050101
Location description: The site is located at 3823 W. Franklin Blvd., in Gastonia, NC.
Description of projects area and activity: This permit authorizes installation of a road crossing for access to the Summit
Ridge Subdivision. Impacts authorized total 0.006 acre (60 linear feet) of permanent stream channel impacts and
0.002 acre (20 linear feet) of temporary- stream channel impacts.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 29
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
June 28, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terns and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone 828-296-4500) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Amanda Jones at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil.
Corps Regulatory Official:
Expiration Date of Verification: March 15, 2026
Date: August 25. 2021
CESAW-RG-A 2021-01026
Determination of Jurisdiction:
A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the
Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). 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 fiirther instruction. Please note, if work is authorized by either a general or nationwide permit, and
you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter
the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water
Act (CWA) (33 USC § 1344). Unless there is a change in 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.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued . Action ID: SAW -
Basis for Determination:
See attached preliminary jurisdictional determination form.
Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find
a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Anny Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
CESAW-RG-A 2021-01026
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by Not Applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the detennination in this
correspondence.**
Corps Regulatory Official:
Issue Date of JD: August 25, 2021 Expiration Date of JD: NIA Preliminary JD
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 our Customer Satisfaction Survey located at:
https://regulatory.ops.usace.army.millcustomer-service-survey/
Copy furnished:
CWS, Inc. / Attn: Megan Bollero
CESAW-RG-A 2021-01026
Action ID Number: 2021-01026 County: Gaston
Permittee: Development Solutions Group, LLC / Attn: Kent Olson
Project Name: Summit Ridge / NWP #29
Date Verification Issued: August 25, 2021
Project Manager: Amanda Jones
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
r
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w.
NCDOT R
PROPOSED 10'X70' NCDOT
SIGHT TRIANGLE
PROPOSED 35'X35' NCDOT
SIGHT TRIANGLE
BRIS TOL CI RCL E
WSW
W�
PROPOSED 25'X25' GASTONIA
SIGHT TRIANGLE (TYP)
IMPROVE EX. DRIVEWAY
PROPOSED
FRONT -LOAD
UNITS
4McKIM&cREED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (704) 841-2588, Fax: (704) 841-2567
Raw
EX. PROPERTY BOUNDARY
3.70 AC COMMON
OPEN SPACE
PROP. STUB ROAD
k\\
POTENTIAL
POND
LOCATION
EX. STREAM
,fl
r
DSG
Development
Solutions
Group
cY
VICINITY MAP
N.T.S.
SITE STATISTICS
PARCEL ID:
TOTAL SITE AREA:
CURRENT ZONING:
PROPOSED ZONING:
WATERSHED:
EXISTING LAND USE:
PROPOSED LAND USE:
NUMBER OF UNITS:
REQUIRED COMMON OPEN SPACE:
PROPOSED COMMON OPEN SPACE:
MINIMUM SETBACKS:
FRONT
SIDE
REAR
153794, 153796
153799
29.03 ACRES
RS-12
PD-RRDD
CROWDERS CREEK
WOODEDNACANT
TOWNHOUSES
135
2.90 ACRES
3.06 ACRES
20' MIN. (FRONT LOAD)
0' MIN. (REAR LOAD)
5'
20'
REQUIRED TREE SAVE AREA: 4.35 ACRES
PROPOSED TREE SAVE AREA: 4.56 ACRES
(3.04 AC. IN FLOODPLAIN CREDITED AT 150%)
r
SUMMIT RIDGE SUBDIVISION
ARCHIE WHITESIDES ROAD
GASTONIA, NC
32'
'I
1'
'I
57' MIN. LOT DEPTH
4'
0
N
TYPICAL FRONT LOAD
TOWNHOUSE UNITS
*FINAL PAD DIMENSIONS MAY VARY
TYPICAL REAR LOAD
TOWNHOUSE UNITS
*FINAL PAD DIMENSIONS MAY VARY
NOTES:
1. FINAL DRIVEWAY LOCATIONS WILL DEPEND ON FINAL
SITE ENGINEERING AND NCDOT! CITY OF GASTONIA
REVIEW.
60'
1 "=60'
30'
0
60'
120'
1
"DATE:
MCE PROJ. #
DRAWN
DESIGNED
CHECKED
PROJ. MGR.
MARCH 2021,
07780-0010
JCB
JCB
KJC
KJC
SCALE
HORIZONTAL:
1"=60'
VERTICAL:
N/A
1
DRAWING NUMBER
REVISION
REV.NO.
DESCRIPTIONS
DATE
REVISIONS
J
J
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NC License# F-1777
www.mckimcreed.com
REZONING SITE PLAN
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
u .S . KLuN Ro Av
1 j FRAM
r� r�
FUTURE ROAD CROSSING
(SEE SHEETS 2 - 5
FOR DETAILS)
11
1
PERENNIAL
STREAM A
(540 LF) {
}�t= JJ)
Jack and b
crossing ( impact)
ore sewer _ y
n0 �C
Know what's below. \
Call before you dig.
tp
TA\
APPROX. LOCATION
CIL STREAM
41\4ciaM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (104) 841-2588, Fax: VO4) 841-2567
NC License# F-1222
www_mckimcreed-cam
J , , \N„ \\\`�•� •
/ 1
—
<7 �t
PERENNIAL
STREAM B
(586 LF)
VICINITY MAP
N.T.S.
NOTES:
1. EXISTING CONTOURS AND PROPERTY LINES
SHOWN ARE FROM GIS.
PERENNIAL
STREAM C
(649 LF)
200' 100'
1 "=200'
0
200'
400'
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
CONCEPTUAL GRADING PLAN
DATE:
JUNE 2021
MCE PROJ. #
07700-N10
DRAWN
JLM
DESIGNED
JCD
CHECKED
ICAO
PROJ. MGR.
KJC
SCALE
HORIZONTAL:
1.=200.
VERTICAL:
NIA
DRAWING NO.
1
1 OF 5
J ` REVISION J
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
60 LF PERMANENT STREAM IMPACT,
20 LF TEMPORARY IMPACT
BYPASS PUMP SYSTEM
(10 LF IMPACT UPSTREAM
10 LF IMPACT DOWNSTREAM)
(SEE SHEET 5 FOR DETAIL)
35' STREAM BUFFER
(SHOWN FROM CENTERLINE)
Know what's below.
Call before you dig.
1
ARCHIE\WHITESIDES ROAD
(S:R.-1,122)
FIL
NthPerennial Stream A -Road Crossing
81: 60 If Permanent Impact (culvert)IMPORIF111:11:51:7:1
4-0+501l1
HEADWALL
e IvFKMI&Q2BED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (104) 841-2588, Fax: VO4) 841-2567
NC License# F-1222
www_mckimcreed-cam
PROP. 5' SIDEWALK
(TYP)
M
M-
HEADWALL
i+31.19
1+00
Perennial Stream A -Road Crossing
S2: 20 If Temporary Impact (dewatering)
FUTURE ROAD
PROP. 5' PLANTING AREA
(TYP)
35' STREAM BUFFER
(SHOWN FROM CENTERLINE)
APPROX. VI_LOCATION
PERENNIAL STREAM 'A'
(540 LF)
NOTES:
1. EXISTING CONTOURS AND PROPERTY LINES
SHOWN ARE FROM GIS.
PROP. 2.0' CURB & GUTTER
(TYP)
30'
1 "=30'
15'
0
30'
60'
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
CONCEPTUAL STREAM CROSSING
SCALE
HORIZONTAL:
1._30.
VERTICAL:
NIA
DRAWING NO.
2
2 OF 5
f ` REVISION
'STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
Know what's below.
Call before you dig.
730
730
720
R/W
D STA: 0+6942
720
PROP. 5' CONC.
SIDEWALK —
(TYP)
FUTURE ROAD —'
PEDESTRIAN RAIL
(TYP)
710
HW-1
PROP. GRADE
TOP: 716.00
[V
r,,
PROP. 2.0' CURB
(TYP)
HW-2 TOP: 716.50
& GUTTER
710
00/—
PROP. CAST -IN -PLACE REINFORCED
CONCRETE HEADWALL (TYP)
INV IN: 7 0.46
INV OUT: 709.36
60" RCP @ 1.84%
BURIED 12"
705
APPROX. EX.
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STREAM
GRADE
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41vicKEM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 287'7
Phone: (704) 841-2588, Fax: (704) 841 2567
NC Licerise# F-1222
www.mckimcreed.com
0+00
1 +00
2+002+25
1"=40' (HORIZ.)
40' 0 40'
80'
Mmm
4'
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
CULVERT PROFILE
0 4'
1"=4' (VERT.)
DATE:
JUNE 2021
MCE PROD. #
0778D-0070
DRAWN
JLM
DESIGNED
JCB
CHECKED
KJC
PROJ. MGR.
KJC
SCALE
HORIZONTAL:
VERTICAL:
1'=4'
8'
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
Know what's below.
Call before you dig.
730
730
720
HIGH PT STA=0+99.74
HIGH PT
PVI STA=1+01.81
PVI ELEV=719.27
A=9.32%
L=128.00'
K=13.73
EL=717.78
PVT STA=1+65,81
PVT EL=716.19
PVI STA=2+21.39
PVI EL=713.51'
720
710
FUTURE
PROP.
48y,s
R❑
GRA
D
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EX.
GRADE (TYP.)
710
LPROP.6O.RCP
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8020 Tower Point Drive
Charlotte, North Carolina 28277
Phone: (704) 841-2588, Fax: (704) 841 2567
NC License# F-1222
www.mckimcreed.com
1 +0❑
2+00
3+00
3+50
1 "=40' (HORIZ. )
40' 0 40'
80'
MmY
4'
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
FUTURE ROAD PROFILE
0 4'
1"=4' (VERT.)
DATE:
JUNE 2021
MCE PROD. #
0778D-0070
DRAWN
JLM
DESIGNED
JCB
CHECKED
KJC
PROJ. MGR.
KJC
SCALE
HORIZONTAL:
1"= 40•
VERTICAL:
1"=4'
8'
STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
20 LF TEMPORARY IMPACT
BYPASS PUMP SYSTEM
(10 LF IMPACT UPSTREAM
10 LF IMPACT DOWNSTREAM)
APPROX. C!L LOCATION
PERENNIAL STREAM A
DISCHARGE HOSE
ENERGY DISSIPATION
❑EWATERING DEVICE
WORK AREA
NOTE:
ANCHOR ALL PUMPS AND PIPES SECURELY
SUCTION HOSE
NOT TO SCALE
BYPASS PUMPING DETAIL
41WICIM&cREEv
802D Tower Point Drive
Charlotte, North Carolina 28227
Phone: (704) 841-2588, Fax: (704) 841-2567
NC License# F-1222
www.mckimcreed.com
J
60 LF PERMANENT STREAM IMPACT
Pt
JF ram_
1 - `
M
-04-50
PROP. HEADWALL
DE -WATERING DEVICE
FUTURE ROAD
30'
1 "=30'
I'L
1+3119
35' BUFFER
15'
0
APPROX LOCATION
IMPERVIOUS DIKE
30'
60'
SUMMIT RIDGE
ARCHIE WHITESIDES ROAD
GASTON COUNTY, GASTONIA, NORTH CAROLINA
BYPASS PUMPING DETAIL
DATE:
JUNE 2021
MCE PROJ. #
07780-0010
DRAWN
JLM
DESIGNED
JCB
CHECKED
KJC
PROJ. MGR.
KJC
SCALE
HORIZONTAL:
1._30.
VERTICAL:
NA
DRAWING NO.
5
5 OF 5
f ` REVISION
'STATUS:
PRELIMINARY
NOT FOR CONSTRUCTION
CESAW-RG-A 2021-01026
Ir
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Development Solutions Group, LLC /
Attn: Kent Olson
File Number: SAW-2021-01026
Date: August 25, 2021
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
/1
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http:llwww.usace.army.millMissions/CivilWorksfRegulatoryProgramandPermits.aspx
or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFLRED 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
pennit, including its terms and conditions, and approved jurisdictional determinations associated with the pennit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
pennit be modified accordingly. You must complete Section II of this fonn and return the fonn to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the 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 pennit 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: PROFFLRED 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 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 pennit in its entirety, and waive all rights to appeal the
pennit, 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 appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the fonn to the division engineer. This fonn 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 fonn to the division engineer. This fonn must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or 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.
CESAW-RG-A 2021-01026
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 flintier 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 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 your reasons 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 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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn.:
Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
828-271-7980, ext. 4232
If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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 government
You will be provided a 15 day
ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division. Attn.: Amanda Jones, 69 Darlington Avenue, Wilmington, North
Carolina 28403
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. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
CESAW-RG-A 2021-01026
PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: August 25, 2021
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Development Solutions Group, LLC / Attn: Kent Olson
11121 Carmel Commons Blvd. #360
Charlotte, NC 28226
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, 2021-01026, Summit Ridge
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The site is located at 3823 W. Franklin Blvd., in Gastonia, NC.
State: NC County/parish/borough: Gaston City: Gastonia
Center coordinates of site (latilong in degree decimal format): 35.255271 -81.252462
Universal Transverse Mercator: N/A
Name ofnearestwaterbody: Crowders Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
FieldDetermination. Date(s): June 2, 2021
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site
Number
Centered Coordinates
(decimal degrees)
Latitude Longitude
Estimated Amount
of Aquatic Resource
in Review Area
(linear feet or acre)
Type of Aquatic
Resources
Geographic
Authority to Which
Aquatic Resource
"May Be" Subject
Wetland
AA
35.25489100
-81.25100800
0.358 ac
0 Wetland
0 Section 404
❑ Non -wetland Waters
❑ Section 10/404
Stream
A
35.25554300
-81.25595600
5401f
❑ Wetland
0 Section 404
8 Non -wetland Waters
❑ Section 10/404
Stream
B
35.25554300
-81.25595600
5861f
❑ Wetland
/A Section 404
8 Non -wetland Waters
❑ Section 10/404
Stream
C
35.25554300
-81.25595600
6491f
❑ Wetland
8 Section 404
1 Non -wetland Waters
❑ Section 10/404
Stream
D
35.25554300
-81.25595600
15001f
❑ Wetland
0 Section 404
8 Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Non -wetland Waters
❑ Section 404
❑ Section 10/404
❑ Wetland
❑ Non -wetland Waters
❑ Section 404
❑ Section 10/404
❑ Wetland
❑ Non -wetland Waters
❑ Section 404
❑ Section 10/404
CESAW-RG-A 2021-01026
❑ Wetland
❑ Non -wetland Waters
❑ Section 404
❑ Section 10/404
❑ Wetland
❑ Non -wetland Waters
❑ Section 404
❑ Section 10/404
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 pennit applicant
has not requested an AJD for the activity, the perm it 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 subject permit
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 "rnav 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 preliminary JD (check all that apply) - Checked items should be included in subject file.
Appropriately reference sources below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: Figure 8
® Data sheets prepared/submitted by or on behalf of preliminary JD requester.
® Office concurs with data sheetsldelineation report.
❑ Office does not concur with data sheetsldelineation report. Rational:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
Z USGS map(s). Cite scale & quad name: .
CESAW-RG-A 2021-01026
® Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Gaston County, NC
❑ National wetlands inventory (NWI) map(s). Cite name.
❑ State/Local wetland inventory map(s):
❑ Federal Emergency Management Agency (FhMA)1 Flood Insurance Rate Map (FIRM) maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Z Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting scientific literature:
❑ Other information (please specify):
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.
Amanda Jones, August 25, 2021
Signature and date of Regulatory staff
member completing preliminary
JD
Development Solutions Group, LLC / Attn: Kent
Olson
Signature and date of person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
impracticable)
Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record and
return a signed copy to the Asheville Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
L _-. BR/G'NTA i
,
Perennial Stream A
540 If
sso
�690
0
eO
cc
T
H
W
m
W.F.owcuN >3>-Vv
Perennial Stream B
586 If
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON
COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED,AND MAPPED USING ASUB-FOOT CAPABLE GPS
UNIT BY CWS, INC., ON APRIL 28, 2021. JURISDICTIONAL FEATURES WERE
FIELD VERIFIED BY THE USACE ON JUNE 2, 2021.
■ x 1 i _- 1 / /
Perennial Stream D
1,500 If
•"DP1
WOO DP2
400
Wetland AA
0.38 acre
Perennial Stream C
649 If
Legend
Project Limits (37.5 ac.)
Perennial Stream
Forested Wetland
Culvert
Culvert
Roads
Tax Parcels
•DP Data Point
■SCP Stream Classification Point
Indicates Flow
/-* Photo Location and direction
200
0
1I
400 Feet
SCALE:
1 inch = 400 feet
CWS PROJECT NO:
2021-0066
COORDINATES:
35.255271, -81.252462
DATE:
6/3/2021
DRAWN BY:
MLB
CHECKED BY:
AV H
VAR❑LINA
WETLAND SERVICES
Jurisdicitonal Boundaiers
Archie Whitesides
Gaston County
Gastonia, North Carolina
FIGURE NO.
8
G:\Shared driveslConsulting Team Driv0002112021 Consulting Projects12021-0088Archie Wh tesides JDWrcGISlFigureB_JDArchie{REVISED).mxd