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HomeMy WebLinkAbout20221371 Ver 1_401 Application_20221005DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address: * Jennifer Robertson jobertson@atlasenvi.com Prestige Corporate Development, LLC Clark Creek Lincoln Street Address 21000 Torrence Chapel Road Suite 100 Address Line 2 City State / Province / Region Comelius North Carolina Postal / Zip Code Country 28031 United States Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - 401 Water Quality Certification - Regular Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#?* Yes No Do you know the name of the staff member you would like to request a meeting with? Alan Johnson or Doug Perez Please give a brief project description below and include location information.* RECEIVED O r. T - 5 DEQ-WATER RESOURCES Residential 401 & BUFFER PERMITTING By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* t ,.�'ttt Submittal Date 10/6/2021 Preliminary ORM Data Entry Fields for New Actions SAW-2021-02564 BEGIN DATE [Received Date]: Prepare file folder n Assign Action ID Number in ORM n 1. Project Name [PCN Form A2a]: Clark Creek Landing 2. Work Type: Private n Institutional n Government n Commercial ❑✓ 3. Project Description / Purpose [PCN Form B3d and B3e]: The purpose of this project is for the construction of a residential development consisting of 328 total units (188 single family homes and 140 townhomes). 4. Property Owner / Applicant [PCN Form A3 or A4]: Prestige Corporate Development, LLC/Mr. Steve Bailey 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: None Known 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 899 Clark Creek Road Lincolnton, NC 28092 35.512794° /-81.259427° 8. Project Location - Tax Parcel ID [PCN Form B1a]: 3624783620, 3624886580, and 3624984736 9. Project Location —County [PCN Form A2b1: Lincoln 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Lincolnton 11. Project Information — Nearest Waterbody [PCN Form B2a]: Clark Creek, Class C, Index #: 11-129-5-(0.3) 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: South Fork Catawba, 03050102 Authorization: Regulatory Action Type: Section 10 ❑ Section 404 n Section 10 & 404 n _ Standard Permit ✓ Nationwide Permit # 29 E Regional General Permit # ❑ Jurisdictional Determination Request _ Pre -Application Request _ Unauthorized Activity n Compliance n No Permit Required Revised 20150602 VIRONMENTAL US Army Corps of Engineers Charlotte Regulatory Field Office Attn: Ms. Krysta Stygar 8430 University Executive Park Drive, Suite 611 Charlotte, NC 28262 September 12, 2022 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Mr. Paul Wojoski 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Clark Creek Landing +/- 113.40 acres 899 Clark Creek Road Lincolnton, NC 28092 Nationwide Permit 29 Application Action ID: SAW-2021-02564 / DWR Project #: unknown Krysta/Paul: Atlas Environmental Inc is submitting the enclosed package on behalf of Prestige Corporate Development, LLC, Mr. Steve Bailey for approval of a Nationwide Permit 29 verification for unavoidable impacts to Waters of the United States. Atlas Environmental completed a stream and wetland delineation on September 15, 2021, October 13, 2021, and January 06, 2022. A preliminary jurisdictional determination was originally submitted to the U.S. Army Corps of Engineers on November 29, 2021 and additional information was sent on January 07, 2022. The JD was issued on January 07, 2022. There are a total of three perennial streams, two intermittent streams and three wetlands within the review area. The project purpose is for the construction of a residential development consisting of up to 328 total units (188 single family detached homes and 140 attached townhomes). The development will require three permanent unavoidable impact to Waters of the United States and one temporary impact. Impact S1 consists of 149 linear feet (0.012 acre) of perennial stream impact. Impact S2 consists of 123 linear feet (0.005 acre) of intermittent stream impact. Impact S3 is a temporary stream impact consisting of 10 linear feet (0.001 acre) of perennial stream. This section of the stream will be restored to its pre-existing condition after the construction process. Impact W1 is a wetland impact consisting of 0.003 acre. In total there are proposed to be 272 linear feet (0.017 acre) of permanent stream impact, 10 linear feet (0.001 acre) of temporary stream impact, and 0.003 acre of permanent wetland impact. The project is in the South Fork Catawba HUC 08 watershed, so the normal mitigation threshold and rates will apply. No mitigation will be required for this project as wetland impacts are less than 0.10 acre and stream impacts are Tess than 0.02 acre. The site has been designed and engineered to avoid and minimize impacts to the greatest extent possible. More than 99% of the wetland area is being avoided. There is a FEMA floodplain and a named stream (Clark Creek) that briefly enter the review area along the Eastern property boundary. Both the FEMA floodplain and Clark Creek will be completely avoided. A retaining wall will be used to prevent any downstream impacts along CH 100. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte VI IRON MENTAL Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, gem+ dgoit. Jennifer L Robertson, President JRobertson@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: 10 Permit Section 404 Permit ❑ Section 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ►1 No 1 d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization ►1 401 Water Quality Certification ❑ 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes ►1 No ❑ Yes 11 No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes 11 No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ►Z1 No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ►1 No 2. Project Information 2a. Name of project: Clark Creek Landing 2b. County: Lincolnton 2c. Nearest municipality / town: Lincoln 2d. Subdivision name: Clark Creek Landing 2e. NCDOT only, T.I.P. or state project no: Not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Susan P. Harris and Robin P. Nicholson/ New Vision Ministries of Linc 3b. Deed Book and Page No. 14E/96 and 2840/281 3c. Responsible Party (for LLC if applicable): 3d. Street address: Susan P. Harris and Robin P. Nicholson: 4369 Herter Road Lincolnton, NC 28092 3e. City, state, zip: New Vision Ministries of Linc: 661 Clark Creek Road Lincolnton, NC 28092 3f. Telephone no.: Unknown 3g. Fax no.: No Fax Number 3h. Email address: Unknown Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: • Agent • Other, specify: 4b. Name: Mr. Steve Bailey 4c. Business name (if applicable): Prestige Corporate Development, LLC 4d. Street address: 7224 Jameson Way 4e. City, state, zip: Stanley, NC 28164 4f. Telephone no.: (704) 607-5059 4g. Fax no.: 4h. Email address: steve@pcdllc.net 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jrobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 3624783620, 3624886580, and 3624984736 1 b. Site coordinates (in decimal degrees): Latitude: 35.512794° Longitude: - 81.259427° lc. Property size: —113.40 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Clark Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: South Fork Catawba, 03050102 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: There are multiple residential and commerical builings located within the Northern portion of the review area along Clark Creek Road. The buildings consist of at least two residential homes, multiple out -buildings, a church (New Vision Ministries), and a business (True Craft Builders, Inc). The Western and central portions of the review area mostly consist of an agricultural field and the Eastern portion of the review area is mostly forested. The land use surrounding the property is generally residential, forest, and farmland with more commercial buildings further East. 3b. List the total estimated acreage of all existing wetlands on the property: 1.803 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 481 linear feet 3d. Explain the purpose of the proposed project: Residential development 3e. Describe the overall project in detail, including the type of equipment to be used: The project purpose is for the construction of a residential development consisting of up to 328 total units (188 single family detatched homes and 140 attatched townhomes). The development will also include the construction of stormwater treatment, parking, roadways, and associated infrastructure such as electric, sewer, water, waste disposal. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ►� Yes • No • Unknown Comments: PJD was originally submitted on November 29, 2021. Additional info was added on January 07, 2022 and the JD was issued later that day. 4b. If the Corps made the jurisdictional determination, what type of determination was made? I Preliminary • Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): A Baggarley, J Robertson, J Sinclair Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. PJD was originally submitted on November 29, 2021. Additional info was added on January 07, 2022 and the JD was issued later that day. Action ID #: SAW-2021-02564. 5. Project History 5a. Have permits or certifications been requested or obtained for• this project (including all prior phases) in the past? Yes 0 No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ►i No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which ►5 sections were Wetlands completed ►ii below for your project Streams - tributaries (check ■ all that apply): Buffers ■ Open Waters ■ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep Yes Corps 0.003 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 0.003 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill CH 100 PER Corps 2.91 149 S2 P Fill CH 400 INT Corps 1.77 123 S3 T Choose one CH 100 PER Corps 2.91 10 S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 272 linear feet (P) and 10 linear feet (T) 3i. Comments: Impact S3 (0.001 Ac) is for a temporary stream crossing. This portion of the stream will be restored to its pre- existing condition after the construction process. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: 5. Pond If pond or or Lake Construction lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number - Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments: Page 5 of 10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The site has been designed and engineered to avoid and minimize impacts to the greatest extent possible. More than 99% of the wetland area is being avoided. There is a FEMA floodplain and a named stream (Clark Creek) that briefly enter the review area along the Eastern property boundary. Both the FEMA floodplain and Clark Creek will be completely avoided. A retaining wall will be used to prevent any downstream impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction and engineering techniques are being applied to further minimize impacts from the development to aquatic resources. The stream crossing at impact S3 will cross CH 100 at one of its narrowest points and the pre-existing condition fo this area will be restored after construction. 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 L No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? fee program Mitigation ■ Mitigation bank ❑Payment to in -lieu ❑ Permittee Responsible 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? • Yes ►Z/ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ■ Yes ►Z� No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ■ Yes ►/ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 2b. Does this project require a Stormwater Management Plan? Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The project engineer is coordinating all of the stormwater requirements. 2e. Who will be responsible for the review of the Stormwater Management Plan? Lincoln County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Lincoln County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ■ NSW ■ USMP • Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? • Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006-246 ■ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? • Yes ►Z� No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ►1 Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? IN Yes 0 No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes ❑ No 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: n/a • Yes • No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes No 2b. Is this an after -the -fact permit application? ■ Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? • Yes No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will require a sanitary sewer line. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? • Yes @ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ►�� Yes ■ No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC and the NC natural hetitage program; FWS Asheville office coordination, See attached letter from FWS 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ►/ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA essential fish habitat mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? • Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPO Buffer Map, No comment letter attached from NC HPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ►Z/ Yes ■ No 8b. If yes, explain how project meets FEMA requirements: The FEMA floodplain portion of this project will avoided and left undeveloped. 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson Applicant/Agent's Printed Name diZOilA Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 09/12/2022 Date Page 10 of 10 PCN Form — Version 1.4 January 2009 100NMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Sox 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resouroms, Water Quality Program Wetlands, Duffers, Streams — Compliance and Pernikting Un Attn: Mr, Paul Wojoskl, Supervisor 1617 MaS Service Cera:er Raleigh, North Carolina 27699-16S0 1, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties idereThed below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permks to impact Wetlands and Waters of the US that are regulated by the dean Water Act and the Rivers and Harbors Act. Federal and Stateagents are authorized to be on said property when accompanied by Atlas Bwkonmental tt staff for the purpose of conducting on -site investigations and issuing a detenninatam associated with Waters riffle US subject 11) Federal jurisdiction under Sect 404 of the Clean Water Act and/or Section 10 ‘A' the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wedands, and other non-404 Wetlands subject to a permitting program admailstered by the State of North Camas. Atlas ErwIronmental Inc Is authorized to provide supplemental information treaded for delineation approval and/or permit prooEssing at the request of the Corps or NC DWR Water Quaky Program. • Project Name: CLARK CREEK LANDING - PHASE II Property Owner of Record: Contact Nam Address: Address: Phone/Fax Number: Brag Address: Project Address: Project Address: Tax PIN: Signattre: Date: NEW VISION MINISTRIES OF UNCOLNTON, INC. SCOTT MANN 661 CLARKS CREEK RD UNCOLNTON, NC 28092 980-241-2092 preachsoott@yahoo.com SOUTH OF 881 CLARKS CREEK RD IJNCOLNTON, NC 28092 PARCEL ID 15814 - LINCOLN COUNTY A TLASEnvirannental Inc. 338 S Sharon Amity Road, *411 Charlotte, North CaroNna 18211 704-S12-1206 (o) / 828-712-9205 (m) jrobertsonOsbasenvicom www•atiaserIVIANT1 IRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Clark Creek Landing (Clark Creek) Property Owner of Record: Contact Name: Address: Address: Phone/Fax Number: Email Address: Project Address: Project Address: Tax PIN: Signature: Date: —bar lao.rrt s, RA)8 iiu A1cc4 /sa,Ji %Za td ,L,:aQ-b-er 1a b I^[ Maio 156,4 4369 Herter Rd Lincolnton, NC 28092 899 Clark Creek Road Lincolnton, NC 28092 90684, 15415 Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertsorc atiasewi.com www,atlasenvi.com 1 0 0 Date: September 07, 2022 Updated: N/A Prestige Corp. Development Mr. Steve Bailey Clark Creek Landing 899 Clark Creek Road Lincolnton NC, 28092 Coordimates: 35.512794, —81.259427 TLAS IRONMENTAL 338 S. Sharon Amity Rd, #411 Charlotte NC, 28211 g l E7 1 L —_ Impact W1 WL 1000: - 0.003 Ac Impact S2 CH 400: - 123 LF, 0.005 Ac e Mp= Fenn ITw.I / / ` V� 11 \\\E.wv \ 108 //w109 / \ !07 /// GRAPHIC SCALE Impact S1 CH 100: - 149 LF, 0.012 Ac Impact S3 Temporary CH 100: - 10 LF 0.001 IC PERIMETER BUFFER SPACES (I MISSSNLE 11 ALONG PARKING SPACES SITE PLICIRESS NARROW( ROM MO CLARMS CINICKNONO 1211 TOTAL EMITS OM UNITS PEP ACRE, COSK SITE PREP EXCLUDING ARCA N LOTS 5110 MONTS-0(MAN EONS° PLANNED NESIDENTRL MIMICS (NMI SYNC. LOIXII YARN %WNW. MN REAR YARD 10 MN RIE RAND v .,.n MOSDE Mk WEARER a FIF. (MOLE PAW, LOTS ,-,mi S.P. RAWaE PALMIER LOSS 261a31 MVOS OonmWxE81 MIN LOS WIONI AS PROM SETBACK M MIN PASSIM PROVIDED NEWMINSP MLE Pu..n SPACES wn..a.o'." PPAACCESSIBL MINONO maroEm '0,..`uw"c�i°.40,CeACCESvJOLE SPACES, TOPOOMPINC INFORMATION OBTAINED ENCN YENTAS UNE/ SERNC55. PC UNDER ME PORTIONS OF IMIS NEE ARC LOCATED IN CNA SUMS PC MCI S. NS 1110.110 EMS NTS MUMS WO I EN, C.F.( (WATER ca..9.51F.nox, me SITE N LOCATED MM. CATAWBA RIVER 0•411 Impact W1 Permanent WL 1000: - 0.003 Ac Impact S3 Temporary CH 100: - 10 LF, 0.001 'NOTE: ALL Z:1 SLOPES WALL BE MATTED AND STABILIZED PER ON SITE GEOTECHNICAL ENGINEER'S SPECIFICATIONS rY � r GRAPHIC SCALE / Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. Legend co Review Area 0 Lincoln Co. Parcels Streets Contours: 2 Ft Delineation MIN Perennial Intermittent Wetland • - Project Name: Clark Creek Landing ; i/t // `j_)/�����/ 1' ��� , ��. L\\ Location: 899 Clark Creek Road Lincolnton, NC 28092 /t i RONMENTAL Figure: uco.,.an.«.aua For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794, -81.259427 Date: October 15, 2021 Updated January 07, 2022 Aquatic Resource Sketch Map Legend 1 Review Area Lincoln Co. Parcels Streets Delineation Perennial Intermittent Wetland NC One Map Imagery I I 0 200 400 600 800 Ft IEEE kULAS RONMENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Figure: Coordinates: 35.512794, -81.259427 Date: October 15, 2021 Updated January 07, 2022 Legend Review Area Lincoln Co. Parcels Streets Contours: 2 Ft Delineation MN Perennial Intermittent Wetland I Aquatic Resource Sketch Map Potential Non Wetland CH 400: - 123 LF, 0.005 Ac Potential Non Wetland CH 200: - 74 LF, 0.005 Ac Potential Wetland WL 1000: - 0.003 Ac Potential Non Wetland CH 100: - 284 LF, 0.019 Ac Potential Non Wetland CH 300: - 18 LF, 0.002 Ac Potential Wetland WL 3000: - 0.003 Ac 50 100 150 200 Ft 0-1.J NIRONMENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Detail 1 Figure: Coordinates: 35.512794, -81.259427 Date: October 15, 2021 Updated January 07, 2022 Legend 0 Review Area Lincoln Co. Parcels Streets Contours: 2 Ft Delineation MN Perennial Intermittent Wetland I I Note: Wetland acreage is for the entire wetland complex IRONMENTAL Project Name: Clark Creek Landing Potential Wetland WL 4000: - 1.797 Ac 75 150 225 d 300 Ft Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.512794, -81.259427 Figure: Date: October 15, 2021 Updated January 07, 2022 Legend E 1 Review Area Lincoln Co. Parcels Streets Contours: 2 Ft Delineation EMI Perennial Intermittent Wetland I I IRONMENTAL Aquatic Resource Sketch M Potential Non Wetland Clark Creek: - 18 LF, 0.005 Ac 50 100 150 200 Ft Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.512794, -81.259427 Figure: Date: October 15, 2021 Updated January 07, 2022 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. January 12, 2022 Austin Baggarley ATLAS Environmental, Inc. 338 South Sharon Amity Road, #411 Charlotte, NC 28211 abaggarley(2i atlasenvi.com Re: Construct Clark Creek Landing mixed -use residential development, 899 Clark Creek Road, Lincolnton, Lincoln County, ER 21-3106 Dear Ms. Smith: Thank you for your letter of November 29, 2021, regarding the above -referenced undertaking. We apologize for the delay and any inconvenience it may have caused. 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, V-12.., o i CAS. Ramona Bartos, Deputy () State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Suite B Asheville, North Carolina 28801 December 6, 2021 Mr. Austin Baggarley Atlas Environmental 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 Subject: Proposed Clark Creek Landing Residential Development in Lincolnton, Lincoln County, North Carolina. Dear Mr. Baggarley: On November 29, 2021, we received (via email) your information requesting our review of the subject project. We have reviewed the information that you presented for this request and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 - 667e); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act). Project Description According to the information provided, Prestige Corporate Development, LLC proposes to construct a single- and multi -family residential development and associated infrastructure on approximately 113.4 acres at 899 Clark Creek Road in Lincolnton, Lincoln County, North Carolina. A preliminary site plan was included with the review request. Federally Listed Species An assessment of suitable habitat and presence/absence species surveys for three species were conducted by environmental specialist with Atlas Environmental (Atlas) in September and October of 2021. The findings were compiled and included in the review request submitted to our office on November 29, 2021. The following species and their associated habitats were evaluated. Species Status' Dwarf -flowered heartleaf Hexastylis nanora T Michaux's sumac Rhus michauxii E Northern long-eared bat Myotis septentrionalis T `E = endangered and T= threatened. The review request states that suitable habitat for dwarf -flowered heartleaf is present on site; however, no plants in the Hexastylis genus expected to occur in Lincoln County were observed during surveys. Because species in the Hexastylis genus are evergreen, the U.S. Fish and Wildlife Service (Service) Asheville Ecological Services Field Office (AFO) will accept genus -level surveys for Hexastylis spp. outside of the optimal survey window for dwarf -flowered heartleaf. Based on negative results of visual surveys for the Hexastylis genus conducted in September and October of 2021, and given the information Mr. Baggarley — Atlas 2 provided, we would concur with a "may affect, not likely to adversely affect" from the lead federal action agency for this species. The review request states that suitable habitat for Michaux's sumac is present on site; however, the species was not observed during surveys. Surveys were conducted in September and October of 2021, outside of the optimal survey window for the species. When targeted botanical surveys are conducted outside of the optimal survey windows, the Service may not accept survey findings without prior approval and discussion with the appropriate Section 7 biologist in the Asheville Field Office. We appreciate the project proponent's consideration of Michaux's sumac when evaluating the action area for impacts to federally listed species and their habitats. Michaux's sumac is historically known from Lincoln County and the AFO, generally, does not require section 7 consultation for species only known historically from a county. Therefore, section 7 consultation is not required for this species. Based on the information provided, suitable summer roosting habitat for northern long-eared bat (NLEB) may be present on the site. However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of NLEB associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). The proposed development would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage the project proponent to avoid any associated tree clearing activities during the NLEB active season from April 1 — October 15. The proposed project is in a county that has potential or known occurrence records of at -risk (ARS), candidate (CAN), and/or proposed species. Below is a list of these species known from Lincoln County and for which we have concerns. Species Status' Little brown bat Myotis lucifugus ARS Monarch butterfly Danaus plexippus CAN Tricolored bat Perimyotis subflavus ARS 'ARS = at -risk species and CAN = candidate species. Little brown bat and tricolored bat are ARS and monarch butterfly is a CAN. ARS and CAN are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. While lead federal agencies are not prohibited from jeopardizing the continued existence of an ARS, CAN, or proposed species until the species becomes listed, the prohibition against jeopardy and taking a listed species under section 9 of the Act applies as soon as the listing becomes effective, regardless of the stage of completion of the proposed action. We are including these species in our response to give you advance notification and request your assistance in protecting them. Although not required, we recommend that the presence/absence of these species be addressed in future biological assessments and biological evaluations prepared for similar projects. Additionally, we encourage you to coordinate projects with the North Carolina Wildlife Resources Commission on behalf of these species. We believe the requirements under section 7 of the Act are fulfilled for the federally listed species discussed above. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the identified action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Mr. Baggarley — Atlas 3 Fish and Wildlife Resource Recommendations We are also concerned about the potential effects the proposed project could have on other natural resources. We offer the following general recommendations for the benefit of fish and wildlife resources: • Equipment Use in Riparian Areas and In -Stream. Equipment should be operated from the streambank. If in -stream work is necessary, stone causeways, work bridges, or mats (designed for the specific location and type of equipment) should be used. Work pads on streambanks or approaches to in -stream work areas should minimize disturbance to woody vegetation. Equipment operated in riparian areas and in/near aquatic resources should be inspected daily and maintained regularly to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. Construction staging, toxic material storage, and equipment maintenance, including refueling, should occur outside of the riparian area. The project proponent should report any toxic material spills in riparian areas and/or aquatic resources to the Service within 24 hours. • Erosion and Sedimentation Control. Construction activities near aquatic resources, streams, and wetlands have the potential to cause bank destabilization, water pollution, and water quality degradation if measures to control site runoff are not properly installed and maintained. In order to effectively reduce erosion and sedimentation impacts, best management practices specific to the extent and type of construction should be designed and installed prior to land -disturbing activities and should be maintained throughout construction. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persists in the environment beyond its intended purpose. Land disturbance should be limited to what can be stabilized quickly, preferably by the end of the workday. Once construction is complete, disturbed areas should be revegetated with native riparian grass and tree species as soon as possible. For maximum benefits to water quality and bank stabilization, riparian areas should be forested; however, if the areas are maintained in grass, they should not be mowed. The Service can provide information on potential sources of plant material upon request. A complete design manual that is consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following website: https://deq.nc.gov/about/divisions/energy-mineral-land-resources. • Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development contributes to the increased quantity and decreased quality of stormwater entering project area waterways. Additionally, increased development outside the floodplain increases stormwater flows already caused by the lack of or loss of riparian buffers and floodplain development. Recent studies' have shown that areas of 10 percent to 20 percent impervious surface (such as roofs, roads, and parking lots) double the amount of stormwater runoff compared to natural cover and decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 percent impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater runoff) to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States, posing 'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government). Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices. GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN-0-934213-59-3. Mr. Baggarley — Atlas 4 one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in human populations from exposure through drinking water and contact recreational. Increased stormwater runoff also directly damages aquatic and riparian habitat, causing streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any additional impacts to habitat quality within the watershed, we recommend that all new developments, regardless of the percentage of impervious surface area created, implement stormwater retention and treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition. We recommend the use of low impact development techniques,2 such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating stormwater runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from development. Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of stormwater control measures is to protect streams and wetlands, no stormwater control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. We also recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Use of any of the proposed stormwater collection devices described above will dramatically decrease the quantity and increase the quality of stormwater runoff. • Pollinators. Pollinators, such as most bees, some birds and bats, and other insects, including moths and butterflies, play a crucial role in the reproduction of flowering plants and production of most fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops are pollinated by these types of fauna. A recent study of the status of pollinators in North America by the National Academy of Sciences found that populations of honey bees (which are not native to North America) and many wild pollinators are declining. Declines in wild pollinators are a result of disease and the loss, degradation, and fragmentation of habitat. Because loss of habitat and diminished native food sources have decreased the populations and diversity of pollinators throughout the country, we recommend that development projects be sited in areas that are previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature forests, streams, or wetlands. 2We recommend visiting the Environmental Protection Agency's Web site (http://www.epa.gov/polluted-runoff- nonpoint-source pollution/urban-runoff-low-impact-development) for additional information and fact sheets regarding the implementation of low -impact -development techniques. Mr. Baggarley — Atlas 5 We have records of rare species in the area, including monarch butterfly, a federal candidate for listing.3 Monarch butterflies east of the Rocky Mountains used to number in the hundreds of millions but the population has declined by approximately 80 percent. Loss of habitat due to genetically modified crops, overuse of herbicides and insecticides, urban, suburban and agricultural development, disease, climate change, and overwintering site degradation are the leading causes of monarch decline. Adults use a wide variety of flowering plants throughout migration for nectar and breeding. However, milkweed plants (Asclepias spp.) are essential to monarch breeding as these are the only genus of plants that can host monarchs in their larval form. For a regional and seasonal list of plants important to monarch butterflies, please visit the Xerces Society website at: http://www.xerces.org/monarch-nectar-plants/. Although the provisions of section 7 of the Act do not currently apply to candidate species or other non -listed pollinators, we would greatly appreciate your assistance in determining if monarch butterflies or suitable habitat for the species is present on the proposed project site. If individuals or suitable habitat is present, impacts should be avoided. More specific information about monarch butterfly can be found at the Service website dedicated to the species at: https://www.fws.gov/savethemonarcht To reduce development impacts to monarch butterflies and other pollinators and/or to increase the habitat and species diversity within the project area, we recommend the following measures be incorporated into project designs: 1. Throughout the site, avoid non-native seed mixes and plants. Instead, sow native seed mixes and plant species that are beneficial to pollinators. a. Avoid seed mixes and plants that have been pre-treated with insecticides, such as neonictinoids. b. Taller -growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, not mowed during the summer, would provide benefits to pollinators, habitat for ground-nesting/feeding birds, and cover for small mammals. c. Native low-growing/groundcover species should be planted in areas that need to be maintained. This would provide benefits to pollinators while also minimizing the amount of maintenance, such as mowing and herbicide treatment. d. Using a seed mix that includes milkweed species is especially beneficial for monarch butterflies. The following website provides additional information and a comprehensive list of native plant species that benefit pollinators: http://www.xerces.org/pollinator-resource-center/mid-atlantic. We also offer our assistance with developing seed mixes that can be used in conjunction with fast growing erosion control seed mixes for overall soil stability and pollinator benefits. e. Additional information regarding plant species, seed mixes, and pollinator habitat requirements can be provided upon request. 3"Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet been issued because this action is precluded at present by other listing activity. Development and publication of proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as other affected parties to give consideration to these taxa in environmental planning" (Federal Register, February 28, 1996). Taxa formerly considered as "Category 1" are now considered as "candidates." Mr. Baggarley — Atlas 6 2. Mowing and grounds maintenance, including pesticide use, should be scheduled to not interfere with monarch breeding or nectaring at project sites that occur along the migration route. To reduce harm, we advise mowing in the fall or winter when flowers are not in bloom. 3. Provide nesting sites for pollinator species. Different pollinators have different needs for nesting sites. Therefore, we recommend project designs include a diverse array of habitats to accommodate varied pollinators. For example: a. Hummingbirds typically nest in trees or shrubs. b. Many butterflies lay eggs on specific host plants. c. Most bees nest in the ground and in wood or dry plant stems. d. For additional information and actions that can be taken to benefit pollinators, please visit the following website: https://www..fws.gov/pollinators/. 4. Minimize effects of outdoor light pollution. Recent studies indicate that artificial lighting disrupts the natural reproduction and feeding patterns of nocturnal pollinators such as beetles and moths. This disruption results in a decrease of pollination rates in plants and a decrease in the health and diversity of nocturnal pollinators. When developing an outdoor lighting plan or installing any outdoor lighting devices, we recommend the following measures be considered to minimize potential adverse effects of outdoor lighting: a. Decrease the number of light fixtures, as practicable, to meet lighting objectives. b. Install lighting only in areas that need illumination for safety (e.g. paths, roads, etc.). Avoid lighting landscape features such as trees, shrubs, or building facades. c. Install fully shielded lights that direct light downward. d. Use only low-pressure sodium (LPS), high-pressure sodium (HPS), or light emitting diode (LED) light sources that emit "warm" light. "Warm" light sources are those that contain low amounts of blue light in their spectrum. Choosing light sources with a color temperature of no more than 3,000 Kelvins will minimize the effects of blue light exposure. e. For additional information and actions that can be taken to reduce outdoor light pollution, please visit the following website: https://www.darksky.org/our- work/lighting/lightingfor-citizens/lighting-basics/. • Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: o Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from reaching streams. o Enhance the in -stream processing of both point- and nonpoint-source pollutants. o Act as "sponges" by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods). o Catch and help prevent excess woody debris from entering the stream and creating logjams. o Stabilize stream banks and maintain natural channel morphology. o Provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web. o Maintain air and water temperatures around the stream. Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100-year floodplain, whichever is greater]) should be created and/or maintained adjacent to all aquatic areas. Within the watersheds supporting federally listed aquatic species, we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous vegetation. These buffers should extend a minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from Mr. Baggarley — Atlas 7 the banks of all intermittent streams (or the full extent of the 100-year floodplain, whichever is greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructure that requires maintenance, cleared rights -of -way and/or compromise the functions and values of the forested buffers should not occur within these riparian areas. • Stream Crossings. Bridges or spanning structures should be used for all permanent roadway crossings of streams and associated wetlands. Structures should span the channel and the floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic and terrestrial organisms, and eliminate the need to place fill in streams, wetlands, and floodplains. Bridges should be designed and constructed so that no piers or bents are placed in the stream, approaches and abutments do not constrict the stream channel, and the crossing is perpendicular to the stream. Spanning some or all of the floodplain allows stream access to the floodplain, dissipates energy during high flows, and provides terrestrial wildlife passage. When bank stabilization is necessary, we recommend that the use of riprap be minimized and that a riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in the floodplain is necessary, floodplain culverts should be added through the fill to allow the stream access to the floodplain during high flows. If bridges are not possible and culverts are the only option, we suggest using bottomless culverts. Bottomless culverts preserve the natural stream substrate, create less disturbance during construction, and provide a more natural post -construction channel. Culverts should be of sufficient size to leave natural stream functions and habitats at the crossing site unimpeded. Culvert installation and presence should not change water depth, volume (flow), or velocity levels that permit aquatic organism passage; and accommodate the movement of debris and bed material during bankfull events. Widening the stream channel must be avoided. • Utility Line Crossings. In the interest of reducing impacts to natural resources, utility crossings (i.e., sewer, gas, and water lines) should be kept to a minimum, and all utility infrastructure (including manholes) should be kept out of riparian buffer areas. If a utility crossing is necessary, we recommend that you first consider the use of directional boring. Directional boring under streams significantly minimizes impacts to aquatic resources and riparian buffers. If directional boring cannot be used and trenching is determined to be the only viable method, every effort should be made to ensure that impacts to in -stream features are minimized and stabilized upon completion of the project. Our past experiences with open -trench crossings indicate that this technique increases the likelihood for future lateral movement of the stream (which could undercut or erode around the utility line), and the correction of such problems could result in costly future maintenance and devastating impacts to natural resources. Therefore, as much work as possible should be accomplished in the dry, and the amount of disturbance should not exceed what can be successfully stabilized by the end of the workday. In -stream work should avoid the spring fish spawning season and should consider forecasted high flow events. Regardless of the crossing method, all utility lines should cross streams perpendicularly. We strongly encourage that a qualified biologist monitor the work area until the work is complete in order to identify any additional impact -minimization measures. The Service may be available to assist you in this effort. To determine if any maintenance is required, the work site should be monitored at least every 3 months during the first 24 months and annually thereafter. Moreover, we recommend the Mr. Baggarley — Atlas 8 development of a riparian monitoring and maintenance program that would outline procedures for the prompt stabilization of streambanks near the utility crossing (should any streambank erosion or destabilization occur) throughout the life of this project. The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of our staff at rebekah_reid@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference Log Number 4-2-22-316. Sincerely, - - original signed - - Janet Mizzi Field Supervisor Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02564 County: Lincoln U.S.G.S. Quad: NC-Reepsville NOTIFICATION OF JURISDICTIONAL DETERMINATION Prestige Corp Steve Bailey 21000 TorranceChapel Road. Suite 100 Cornelius, NC 28031 704-607-5059 steveApcdllc.net 113.4 Nearest Town Lincolnton South Fork Catawba River RiverBasin Santee 03050102 Coordinates Latitude:35.512794 Longitude: -81.259427 Location description: Project is located at 899 Clark Creek Road and is comprised of threeparcels. near Lincolnto n, Lincoln County. North Carolina. PIN(s) : 90684.15415.15614 Indicate Which of the Following Apply: A. Preliminary Determination Z There appear to be waters on the above described project area/property, that may be subject to Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/7/2022. Therefore this preliminary jurisdictiondetermination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatorymitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters andwetlands that would be affected in anywayby the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters ofthe above described project area/property, that may be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction overall of the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineationthatcan be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters ofthe United States within the above describ ed project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law orourpublished regulations, this determination may be relied upon for a period not to exceed five years from thedateof this notification. ❑ There are waterson the above described project area/property subject to thepermit requirements of Section 404 ofthe 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 fora periodnotto exceed five years from the date ofthis notification. ❑ We recommend you have the waters on yourproject area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on yourproject area/property havebeendelineated and the delineation has been verified by theCorps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2021-02564 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or ourpublished regulations, maybe relied upon for a periodnotto exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on theplat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or ourpublished regulations, this determination may be relied upon fora period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Wa ter Act (33 USC 1344). Unless there isa change in the law or our published regulations, this determination maybe relied upon fora periodnotto exceed five years from the date of this notification. El The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contactthe Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fillmaterialwithin waters of the US, including wetlands, without a Department ofthe Army permit may constitute a violation of Section301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or krystynka.b.stygar@usace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, and the 1987 Wetland Delineation Manual, and/or Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional determination form dated 1/7/2022. D. Remarks: See approximate Aquatic Resources on map entitled, " Clark Creek Landing -01 /07/2022 " E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination maynotbe valid for the wetland conservation 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. above) If you object to this determination, you may request an administrative appeal under Corps regulations at33 CFR Part331. Enclosed you will find a NotificationofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appeal this determination you must submit a completed RFA fonn to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNIN(a USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form totheDivision Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 1/7/2022 Expiration Date ofJD: Not applicable SAW-2021-02564 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace. army.mil/cm_apex/f?p=136:4:0 Copy fumished: Agent: Atlas Environmental Inc Jennifer Robertson Address: 338 S. Sharon Amity Road. #4 11 Charlotte. NC 28262 Telephone Number: 704-512-1206 E-mail: jrobertsona,atlasenvi.com Applicant: NOTIFIC ` ST ' •t REQUEST OR APPRAL Prestige Corp, Steve Bailey File Number: SAW-2021-02564 Date: 1/7/2022 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 0 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional or the I - The following identifies yourrights and options regarding an administrative appeal information may be found at orhttp: lwww.usace.armv.mil/Missions/CivilWorks/Rego of the above decision. la toryProgramandPennits.aspx Gaps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeityourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsidera tion, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appealthe permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appealthe declined permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appealthe denial of a permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appealthe approved JD underthe Corps of Engineers Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. .REQUEST FOR APPEAL,m_firi TECTIONS TO AN INITIAL PROFFERED PERMLI REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasonsforappealingthe decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourreasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference ormeeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appealprocess you may contact: District Engineer, Wilmington Regulatory Division Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appealprocess you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15-day tions. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive Park Drive Suite 615, Charlotte, North Carolina 28262 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATI ON A. REPORT COMPLETION DATE FOR PJD: 12/02/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Prestige Corp, Steve Bailey, 21000 Torrance Chapel Road, Suite 100, Cornelius, NC 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Clark Creek Landing, SAW- 2021-02564 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 899 Clark Creek Road and is comprised of three parcels, near Lincolnton, Lincoln County, North Carolina. PIN(s) : 90684 , 15415, 15614 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Lincoln City: Lincolnton Center coordinates of site (lat/long in degree decimalformat): Latitude: 35.512794 Longitude: -81.259427 Universal Transverse Mercator: Name of nearest waterbody: South Fork Catawba River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): January 6, 2022 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Clark Creek 35.51126 -81.24939 18 LF Non -wetland waters Section 404 CH 100 35.51058 -81.25823 284 LF Non -wetland waters Section 404 CH 200 35.51053 -81.25870 74 LF Non -wetland waters Section 404 CH 300 35.51074 -81.25869 18 LF Non -wetland waters Section 404 CH 400 35.51085 -81.25898 123 LF Non -wetland waters Section 404 W L 1000 35.51126 -81.25896 0.003 acres Wetland Section 404 W L 3000 35.51076 -81.25858 0.003 acres Wetland Section 404 W L 4000 35.50751 -81.25194 1.797 acres Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: AtlasEnvironmentalforPrestigeCorporation Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data: ® USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: ® Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): or 5 Other (Name & Date): Sept 15. 2021 and 10/13/2021 ❑ Previous determination(s). File no. and date of response letter: ❑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. Signature and date of ' egulatory staff member completing PJD 1/7/2022 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable) 1 I Districts may establish timeframes for requester to retum signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Legend LI Review Area CI Lincoln Co. Parcels Streets Contours: 2 Ft Delineation MI Perennial Intermittent Wetland Aquatic Resource Sketch Map Potential Non Wetland CH 400: - 123 LF, 0.005 Ac Potential Non Wetland CH 2O0: - 74 LF, 0.005 Ac Potential Wetland I WL 1000: - 0.003 Ac Potential Non Wetland CH 100: - 284 LF, 0.019 Ac Potential Non Wetland CH 300: - 18 LF, 0.002 Ac Potential Wetland WL 3000: - 0.003 Ac 50 100 150 200 Ft rft IRONMENTAL Detail Figure: Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794, -81.259427 Date: October 15, 2021 Updated January 07, 2022 Legend O Review Area O Lincoln Co. Parcels o Streets Contours: 2 Ft Delineation Ell Perennial Intermittent Wetland Aquatic Resource Sketch Map Note: Wetland acreage is for the entire wetland complex Project Name: Clark Creek Landing Potential Wetland WL 4000: - 1.797 Ac 75 150 225 300 Ft Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794, -81.259427 Date: October 15, 2021 Updated January 07, 2022 �r / Legend O Review Area Lincoln Co. Parcels Streets Contours: 2 Ft Delineation IIIII Perennial Intermittent Wetland I I Aquatic Resource Sketch Map Potential Non Wetland Clark Creek: - 18 LF, 0.005 Ac 50 100 150 200 Ft IRONMENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794, -81.259427 Date: October 15, 2021 Updated January 07, 2022 3624693947 3625700017 36 Parcel Map •• . , , 62469682 � 3624699769 62469664: ,/• 3624790512 3624585773624790349 0 •24790188 c62479275• . wAs 3624783620 .247719 362 36247977.: 49 624793575+ 624796495 3634090891 3. ... •:1 3624794206 6249982 eeK�d .6249991'1 3624984736 3624886580 3624880004 3634087110 0 3635207302 3634182757 3634172928 .247716 8 3624878468 3634175554 3634173208 Legend _= I Review Area 3624867814 3634064490 36341; A. 1 1 Lincoln Parcels ' 3624858356 0 200 400 600 800 ft Streets 60: <a 6 4968'•8 _ Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 IRON MENTAL For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 I \\1\\\\\\\\\ Legend Review Area I Lincoln Parcels Streets 2 Ft Contours RONMENTAL Ili\\\\\\I ( Topographic Map Project Name: Clark Creek Landing ``�4 cation: 899 Clark Creek Road L`ificolnton, NC 28092 Figure: III/M1►1111G//«(<(11 )) 1 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 200 400 600 800 ft '+ � USGS Topographic Map kirk + jr1 \ 1 Ili f 4 , 4I 1 1 1 ` —, ds li • 1 1p 1 _ r ) _ Creek I.....___ 1... --`,...„ 44 I \ J r� 44,4:91 -.__s- ,i a / ..if . . Legend w � ga ® Review Area i `�� I Lincoln Parcels iv1 * 1 AI Streets USGS Topo -''-'�f 200 400 600 800 ft ! Niim IRONMENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 - ) Review Area '\�, , r- USGS Topo �■ r�, 1_r5 �, f f Th IRONMENTAL Figure: Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 0 20(4060000 ft pak Reepsville USGS Quadrangles Map Maiden Lincolnton West Legend LTD Review Area 0 USGS Quads 0 Lincoln County Lincolnton East 4-� TLAS RONMENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 Figure: Review Area I Lincoln Parcels Streets ":**4:TtAs IRON MENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 Approx. Review Area FI MA's National I lood I !ward I ayer (NF HI ) Viewer _reek Road Lincolnton, NC 28092 X searc^ re :G ro• 899 Clark Cr wall Web AppBuiidei for ArcGIS Ln:(OI. 3'0146" L AS,0 r,o, r EN ER.RITOM 37103634CN11' • o ' IRONMENTAL Project Name: Clark Creek Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794° /-81.259427° Date: September 14, 2021 Legend Review Area -..1 Lincoln Parcels Streets LiDAR 755 785 I 1 815 1845 l -3 875 Digital Elevation Model Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.512794° /-81.259427° 1Date: October 11th, 2021 0 200 400 600 800 ft MEI I t \ 1 I \ \\\ 1 1 \\ \\\ \ I I t \ \ \ \ I 1 1,1,/',/1,----- / I '--,-',. A 1K:-=.--II--\. 111111///////111111////((C C ( / / ) ) 1 ,-' *xi vorcyrirliffs,...ii i wir National Hydrographic Dataset - !fifur . lifilk *WIN 1 .; ----gAtk : i!0••Ili rpriii-riv----144-0- 40..„ , Tociokliv /i i\• / ( / Legend Review Area Efl Lincoln Parcels Streets 2 Ft Contours GIS Streams I LAS RONMENTAL Figure: Project Name:, tion: 899 k Creek Landing ek Rgad-Lincoln For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794° / -81.259427° Date: October 11th, 2021 0 200 400 600 800 ft / Th I I iI\\\\1i1!/,! ;`,',`I/11 \\`" `illllili////!I111111/// (CC(/1) } / CIT J Review Area O Lincoln Parcels Streets 2 Ft Contours NWI O Freshwater Forested/Shrub Wetland J Riverine AS' IRONMENTAL Figure: Project Name: Clark Creek Landing cation: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794° /-81.259427° Date: October llth, 2021 Approx. Review Area NC Surface Water Classifications Road Uncolnton, NC 28092 X Show search results for 899 CI... qj Click a stream lot mow information F ar1 Vnrk Grck Ji Pile wrra hq c NC Classifications Website 4;! Surface Water Umif'ruboaa 11-129-540.3) Clark Creek (Shooks take) From source to a point 0.9 mile upstream of Walker Creek C Cate c` C:as,.: July 31 1998 W^atcoca!h, More info &, ..:; Bas.-c Catawba Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 35" 21- 45911. 4Ie+40 ahem 4N1131 1tlp Scale: 1:7,150Aplied maklstaws(1VxBS') shoot Sod Map —Lincoln County. North Carolina (Review Area) a7E71x J KO 200 403 W0 Feel 300 9:0 120D MOO w0 anxeclni: Wet MYs .Ar caner marinates W S89 Edge tics UTM 7mc 17N WCiiS4 47111p 4172w 471170 0141) OFJr: 19° ?; 21"9 Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Figure: Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 Soil Map—Llrrcin County. North Carona (Review Areal MAP LEGEND MAP INFORMATION Area of interest 1A011 Area d rmerest 001; Snits SciI Map Unh Polygons . • Sal Map Unr. Loss n Soil MapUFtlt Pc i915 Special Point Features 91oww • 6M in✓r Pi; Ai Clay Spa j pried Depressive • Gravel Pe Gravelly S rot G Landlll A. Lent Fber • Mash Of swarrp * Wire or Quarry • Macelarrews Wiser 0 Perenrial'Water flock Outemp 4. Saline Spa Sandy Spot Severely Eroded Spot Sinkhole Slide of Sip Suciv Spin Spot Area Many Spi.l Very Stony Spot Wyel Spot Oran Speeel Lint Feels** Water Features 5r.-eo ns and canals Please rely on Inc bar scale on each map eheel for map measurements. The Soil surveys that r:arnprisn your AOI warn mapped al 1:24,000. Warning: Solt Map may rot be valid of this scale. Enlargement of mates beyond the scale of mapping can cause misunderstanding of the decal of mapping and accuracy 01 soli Iirre placement The naps do not show !ha snail areas of contrasting sots Ihat could have been shown al a more detailed scale. Trenepatalien Belk, Intervals highways US Routes Mapr loads Local Roads Background MI Anna! Phologaphy Source of Map: Natural Resources conservation Serve Web Sal Survey URL: Coorenale System: Web Mercator (EPSG:3&57) Maps lion the Web Sol Survey are based on the Web Mercator prajcdlion. which preserves direction and shape but distorts distance and area. A prolechon that preserves area. such as the Albers equal-area conic projection, should be used 11 more accurate calarlalions of distance or area are raywred. This product is generated from the USDA-NRCS certified data as of the version dates) listed below Soil Survey Area. Lincoln County. North Cardna Survey Alegi Dalai Vursion 25 Sep 2. 2021 Soil map unite are labeled (as space allows) to, map scales 1 50,000 or laigor Date(si aerial Images were photographed. Apr 8 2015—Nov 28, 2017 The ormophoto or other base map on which the soil lines were oornpiled and digitized probably differs hum the backguund imagery displayed on these maps. Asa resut some minor shifting of rnap and boundaries may be evident. IRONMENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 Map Unit Legend Map Unlit Symbol Map Unlit Name Acres In A01 percent of Adl CeB2 Cecil sandy clay loam, 2 ID 8 percent slopes, moderately eroded 0.2 0.1 % ChA Chewacta loam, 0 to 2 percent slopes. frequently flooded 8.7 7.7% HeB Helena sandy loam, 1 to 6 percent slopes 3.1 2.7% LdB2 Lloyd sandy clay loam, 2 to 8 percent slopes, moderately eroded 89.7 79.1 % LdC2 Lloyd sandy clay loam, 8 to 15 percent slopes, moderately eroded 4.8 4.3% PeC2 Pacolet sandy clay loam, 8 to 15 percent slopes, moderately eroded 6 9 6 1 % W Water 0.1 0.1% Totals for Area of Interest 113.4 100.0% IRON MENTAL Figure: Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.512794° /-81.259427° 1 Date: October 11th, 2021 Pott Creek030501020401NC Howards Creek030501020402NC Legend Review Area Lincoln County HUC 12 I I I I 20502NC HUC 12 Watersheds Town of Startown-So th Fork Catawba River0305 ' 020403NC Lower Clark Creek030501020303NC Sulphur Branch -South Fork Catawba River030501020504NC Maiden reek030501020301NC Upper Leepers Creek030501011301NC Hoyle Creek030501020601NC Lower Leepers Creek03050101A 0.5 1 1.5 2 mi TL �S IRONMENTAL Figure: Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021 Legend Review Area Lincoln County HUC 8 HUC 8 Watersheds South Fork Catawba03050102 Upper Catawba03050101NC 0.5 1.5 IRONMENTAL Project Name: Clark Creek Landing Location: 899 Clark Creek Road Lincolnton, NC 28092 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey Figure: Coordinates: 35.512794° /-81.259427° Date: October 11th, 2021