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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 r rrYi• k:. VEND North•Carolina�� Orakibighilik iftjag 4.1040 LAO South Carolina Georgia Ow �L , 0 L°'r, �a " ,h i ry a. o• oor. 4q 7 ixti nl'0'i ;07 - 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 = - \ �J� '' ---0.: \\,,, i ..z.---',-.: ---.;::....-::,,,----i,"--,;••=4 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`� 1'���� `I= .J - �� �~ ��- - 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 ' M/?i M/?� M � F414 —�7� UT--- �T . GT——l1T—�T_--��T GAS GAS � GAS — GAS - Fa GAS GAS GAS — GAS GAS GAS A F �—I1riL7— GAS — GAS _ GAS � GAS __ Fa ——uT�F�— �� u�— GAS r GA5 � GAs l 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 " Nam- >+ Mi ---crfPri--:-\: ___ ilili 11 p i N 1 1,.. N.4 • 0 ok _441,1:=-• ...... -.-roPT gVIMW 15 jah.--'. 444,... _ �'��` " I � �i iiiL -- ___-14H4 ,,,,iiiiik vill tiltl.°81 t1 I ne 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 ro a) U a) 0 a` a) U a) w ro a) a) ro ro a) a) C 3 lf) ro 0 7 N rroo c 0)� N❑ < a) — I 2 Q Z Q ro z a) U w U U 0 ro C a) a) C O7 a) a) a ro ro w I To z Element Occurrences Documented ro a) r a)� W Occurrence a) E r0 Z r0 rC C 0 U Scientific Name 0 W U E 0 C Q O ro s- x,0 r1 H ro 10 if) E a) r.) I 1956-06-17 No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area source: NCNHP, Q4 January 2021. Please N 0 N • m N N T Q -❑ Ca ❑ _ m Z C- ❑1 ❑ d d 7-❑ rS 0 ro ro • 0 To C d C ai CN E .Q rC•C uiCC V N C r0C 7T ro v c m 7 ❑ ❑ a O C 0] V N N a)m -a N ❑ rp u 0] rom N 0] ❑ T • c C � L 0] - N ❑r C 'In. N ▪ +, N ❑ 0] 7 C +� • L C C ro ❑ a. ro C -❑ .- C j ro ❑ N ], ❑ ▪ C C .I � N ❑ 0] a One -mile Radius of the Project Area N a) Q r0 p10 -O = I ro L a z r0 w Q o z a7 U U U 0 C a7 E a) w a) 07 ro I To z ro Q U a7 O a7 O ▪ a) ❑_ (0 ra O a E E E• 0 ra L U7 7 U7 a7 O a7 a) Scientific Narne 0 w ro aJ r U U U a7 E a) w Occurrence ro C� O ro>m -J a7 ❑ N 0 M 10 Threatened Candidate U N a d N Georgia Aster M ro a r0 Cri 10 (7 LC) L7 To C ro a7 a7 u • L a C a7 a u0 1956-06-17 w a) m -c O O U] a) a7 ro E L U O a E CI] co M Vascular Plant a One -mile Radius of the Project Area No Natural Areas are Documented source: NCNHP, Q4 January 2021. Please ++ CJ CJ a) a) E E E — Q_ aa) aa) H O 0 O D❑ ro ro ro J -0 r0 U U U Cr -0 U (7J J J 7 ❑ To 0 ro a) U a7 cr ro N ro a ro a) 0 C 0 U N ro ro ro O D 0 0 0 r'2 a fie0 0 0 -0 a)UUU0 c'o +� L. z — '— ❑ a a> O O O U ▪ _ 22 D U z U U U C pj ro 0v, cr i N ❑ r u 0 C p ro Ol N a7 ncnhde.natureserve.or ion as new information is conti 0 C ❑ ro c • C a1 -❑ • r• ❑r C T a) a ro rou U ro u Le,Le, m a a a ❑ t cn 0] 70 N Q] L a) 1E U L T< ai I LO w 0 0 z 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 W� l� 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 J 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. C/! 60.0 LF STREAM GRADE CULVERT to� cr. 0-0) O o �CI a � �01 F. r; n —1 +25 —1 +00 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 E (TYP.) EX. GRADE (TYP.) 710 LPROP.6O.RCP BURIED 12" 705 Q r. rn 6 n r; r- r� US c. cy n i in N (0 LH Mi r; in co to u-] Pi M] n 8 7 1,5 n cn r- 0 n-' rii n f'•: •, Pe) ::U CV •-- r- t- rb r 0+00 41vicKEM&CREED 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