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
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LOCATED MM. CATAWBA RIVER 0•411
Impact W1
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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
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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' ��� ,
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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
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3624699769
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3624790512
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3624783620
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3635207302
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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
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Legend
Review Area
I Lincoln Parcels
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RONMENTAL
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Project Name: Clark Creek Landing
``�4 cation: 899 Clark Creek Road L`ificolnton, NC 28092
Figure:
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For: Prestige Corporate Development, LLC Attn: Mr. Steve Bai ey
Coordinates: 35.512794° /-81.259427°
Date: October 11th, 2021
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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
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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
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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
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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
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Efl Lincoln Parcels
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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
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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...
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Click a stream lot mow information
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Vnrk Grck Ji
Pile wrra hq
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NC Classifications Website
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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)
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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