20221444 Ver 1_ePCN Application_20221018

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
8/31/2022
BIMS # Assigned* Version#*
20221444 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Encore at Streamside
la. Who is the Primary Contact?*
Heath Caldwell
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/18/2022
Nearest Body of Water
Twelve Mile Creek East Fork
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
34.9516 -80.7484
A. Processing Information
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
DRP NC 1 LLC
2b. Deed book and page no.:
2c. Contact Person:
DW Partners LP
2d. Address
Street Address
590 Madison Ave
Address Line 2
13th Floor
City
New York
Postal / Zip Code
10022
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NY
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
CND Meadow Springs LLC
2b. Deed book and page no.:
2c. Contact Person:
Mary Cavallino
2d. Address
Street Address
1111 N Post Oak Road
Address Line 2
City
Houston
Postal / Zip Code
77055
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Scott Kilby
3b. Business Name:
David Weekley Homes
3c. Address
Street Address
11430 North Community House Road
Address Line 2
Suite 275
City
Charlotte
Postal / Zip Code
28277
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Heath Caldwell
4b. Business Name:
Wetlands & Environmental Planning Group, PLLC
4c. Address
Street Address
10612-D Providence Road
Address Line 2
PMB 550
City
Charlotte
Postal / Zip Code
28277
4d. Telephone Number:
[phone]
State / Province / Region
TX
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
4f. Email Address: *
[e-mail]

C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Waxhaw
2. Project Identification
2a. Property Identification Number:
06135001B, 0613500101, 06135002
2b. Property size:
233.67
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Twelve Mile Creek East Fork
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030202
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is +/- 233.67 acres located just east of Hwy 16, Providence Road S., in Waxhaw, Union County, North Carolina. Latitude is 35.9516 N, longitude is -80.7484 W. The site is
comprised of farmland, wooded slopes, floodplain wetlands and buffers of West Fork and East Fork Twelve Mile Creek. The topography is flat to moderately sloped with the elevation
ranging from 500 to 570 ft.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
9.95
4g. List the total estimated linear feet of all existing streams on the property:
15815
4h. Explain the purpose of the proposed project: *
The proposed site will require minor impacts to one wetland for dam rehabilitation.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2019-01504
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG

Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
This site was verified by B. Roden -Reynolds (USACE) on 11/4/2019. A copy of the signed JD approval is included in the Jurisdictional Determination Information section.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(')
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Fill
P
Bottomland Hardwood Forest
Wetland H
Yes
Corps
0.021
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.021
21. Comments:
Existing dam rehabilitation
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.021
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access
routes. Minor wetland impacts are required for rehabilitation of the existing dam embankment. The applicant has demonstrated avoidance and
minimization efforts by proposing impacts to only one wetland and avoiding permanent impacts to 100% of onsite streams and 99.8% of onsite wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Due to the required maintenance to address the safety concerns associated with the existing dam and the limited impacts to site surface waters, no mitigation is being proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No

2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to NCDMLR/DEQ but will be designed to meet their
criteria.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
No additional phases proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is exempt as described in the attached T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO's website: https://nc.maps.arcgis.com/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
No net grade/fill in the floodplain.
8c. What source(s) did you use to make the floodplain determination?*
www.fema.gov
https://gisweb1.unioncountync.gov/gomaps/ff
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Encore PCN.pdf 10.01 MB
File must be PDF or KMZ
Comments
A complete PCN package is attached.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Heath Caldwell
Signature
Date
10/18/2022

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2019 - 01504 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
I. Project Name [PCN Form A2a]: Encore at Streamside
2. Work Type: Private❑ Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN request for maintenance and necessary updates to existing dam.
4. Property Owner / Applicant [PCN Form A3 or A4]: David Weekley Homes (Applicant)
5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
34.9516,-80.7484
Cuthbertson Road, Waxhaw, NC
8. Project Location - Tax Parcel ID [PCN Form 131a]: 06135001 B, 0613500101, 06135002
9. Project Location —County [PCN Form A2b]: Union
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Waxhaw
11. Project Information — Nearest Waterbody [PCN Form 132a]: Twelve Mile Creek East Fork
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050103)
Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 3
❑ Regional General Permit #
Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
001 0W411IW1L069%

WEEG
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
October 18, 2022
Bryan Roden -Reynolds
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Douglas Perez
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wcjoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Subiect: SAW-2019-01504; Pre -Construction Notification for NWP 43 for the Encore at
Streamsidesite in Waxhaw, Union County, North Carolina
Messrs. Roden -Reynolds, Perez, Wcjoski, and Hamstead,
Enclosed is a request for Nationwide Permit 93 for the Encore at Streamside site on 229.44 acres
located north and south of Cuthbertson Road and east of Providence Road in Waxhaw, NC. The
site is a proposed dam rehabilitation and consists of 14 streams and 20 wetlands. The site was
field verified by the USACE in November 2019. Please refer to the Jurisdictional Determination
Information section for information on onsite surface waters.
As shown on the attached exhibits, the proposed project is limited to rehabilitating the dam
impounding Pond G. Overall impacts to site surface waters associated with the proposed
development were limited through site selection, design, and location/orientation of the proposed
lots and access routes. A geotechnical engineer conducted a review of the existing dam and its
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
[e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
quality. Based on their assessment, it was determined that rehabilitation was required due to
leaks through voids and trees growing on the dam causing safety concerns. Construction
techniques will implement approved erosion control methods to avoid/minimize impacts to
onsite/adjacent offsite receiving conveyances. Total impacts proposed include 0.021 acres of
permanent wetland impacts (Wetland H). This minimal impact is necessary for rehabilitation of
an existing dam embankment for safety. No other impacts to site surface waters are proposed for
the development of this project. The applicant has demonstrated avoidance and minimization
efforts by dedicating avoiding permanent impacts to 100% of onsite streams and 99.8% of onsite
wetlands. Due to the required maintenance to address the safety concerns associated with the
existing dam and the limited impacts to site surface waters, no mitigation is being proposed.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species, or their critical habitat as designated under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the terrestrial species evaluation. Additionally enclosed is a copy of our Cultural
Resource report. No NRHP-listed properties, determined -eligible properties, study -listed
resources, designated local landmarks or otherwise recorded historic resources were identified on
the site. Thank you for your consideration and please contact me if you have any questions,
[phone] or email at heath. caldwell(cr�,wetlands-epg.com.
Sincerely,
Of 1
Heath Caldwell, PWS
Environmental Scientist
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetiands-epg.com
2
YA�/
Len Rindner, PWS
Principal
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

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Permit Application

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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:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X 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 ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Encore at Streamside
2b.
County:
Union
2c.
Nearest municipality / town:
Waxhaw
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
DRIP NC 1 LLC
3b.
Deed Book and Page No.
7931;0478
3c.
Responsible Party (for LLC if
applicable):
DW Partners LP
3d.
Street address:
590 Madison Ave, 13th Floor
3e.
City, state, zip:
New York, NY 10022
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Developer
4b.
Name:
Scott Kilby
4c.
Business name
(if applicable):
David Weekley Homes
4d.
Street address:
11430 North Community House Road, Suite 275
4e.
City, state, zip:
Charlotte, NC 28277
4f.
Telephone no.:
[phone]
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Heath Caldwell
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
[phone]
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
06135001 B, 0613500101, 06135002
1 b.
Site coordinates (in decimal degrees):
Latitude: 34.9516 Longitude:-80.7484
1c.
Property size:
233.67 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Twelve Mile Creek East Fork
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba/03050103
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is +/- 233.67 acres located just east of Hwy 16, Providence Road S., in Waxhaw, Union County, North Carolina. Latitude is 35.9516 N,
longitude is-80.7484 W. The site is comprised of farmland, wooded slopes, floodplain wetlands and buffers of West Fork and East Fork Twelve Mile
Creek. The topography is flat to moderately sloped with the elevation ranging from 500 to 570 ft.
3b.
List the total estimated acreage of all existing wetlands on the property: 9.95
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 15,815
3d. Explain the purpose of the proposed project:
The proposed site will require minor impacts to one wetland for dam rehabilitation.
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
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 priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments: SAW-2019-01504
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This site was verified by B. Roden -Reynolds (USACE) on 11/4/2019. A copy of the signed JD approval is included in the Jurisdictional Determination
Information section.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X 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 sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams —tributaries ❑ 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
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.021
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:
0.021
2h. Comments:
Wetland H
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
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 indivi ually 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 or Lake Construction
If pond or lake construction proposed, the 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

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. Minor wetland impacts are required for rehabilitation of the existing dam embankment. The applicant has demonstrated avoidance and
minimization efforts by proposing impacts to only one wetland and avoiding permanent impacts to 100% of onsite streams and 99.8% of onsite
wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments: Due to required maintenance for safety concerns associated with the existing dam & limited site impacts, no mitigation is proposed.
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
❑ Yes ❑X No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
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?
16 %
2b.
Does this project require a Stormwater Management Plan?
❑X 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:
Storm
water on the site will be handled by facilities shown on the attached plans. The stormwater plan has
not yet been submitted to NCDMLR/DEQ
but
will be designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
NCDMLR/DEQ
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
NCDMLR/DEQ
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
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?
❑ 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
❑ Yes 0 No
use of public (federal/state) land?
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
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
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
❑ Yes ❑ No
letter.)
Comments:
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,
[]Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
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
❑Yes 0 No
additional development, which could impact nearby downstream water quality?
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.
No
additional phases proposed.
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.
Wastewater
generated on the site will be transported to the nearest treatment facility via sewer lines.
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
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is exempt as described in the attached T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
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
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: https://nc.maps.arcgis.com/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No net grade/fill in the floodplain.
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://gisweb1.unioneountync.gov/gomaps/#
Heath Caldwell
10-18-2022
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Wetlands and Environmental Planning Group
Agent Authorization Letter
Leonard S. Rindner, PLLC.
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identificationhnapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Encore at Streamside
Property Address: 2219 Cuthbertson Road
Parcel Identification Number (PIN): 061355001B
Select one: I am other
Name: Scott Kilby
Company: David Weekley Homes
Mailing Address: 11430 North Community House Road, Suite 275
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
* The Interested Buye►/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists hehveen the current property owner and the signatory of this authorization in cases
whej•e the property is not owned by the signatory.
Charlotte O(ficei www.wetlands-epg.com
Asheville Office;
10612-b Providence Rd.
1070 Tunnel Rd„ Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
[phone]
[e-mail]

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:•�; Map Unit Symbol Map Unit Name Acres in AD Percent of AOI
Y 4 Bab Badin channery silt loam, 2 to E4 1� 27.5%
8 percent slopes
I v BaC Badin channery silt loam, 8 to 31.9 13.7%
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T ChA Chewacla silt loam, 0 to 2 78.0 33.5%
percent slopes, frequently
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Tb82 Tarrus gravelly silty clay loam, 48.2 201%
2 to 8 percent slopes,
T moderately eroded
? ' TbC2 Tarrus gravelly silty clay loam, 10.7 4.6%
8 to 15 percent slopes,
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f
� Totals for Area of Interest 432.9 taa.a°/
ti
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+/- 233.67 Union Co., NC DAVID WEEKLY HOMES
FIGURE 5125119
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1
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INTERMITTENT STREAM D _ \
— ±65 LF
OPEN WATER POND
A — t0.19 AC _ \\
WETLAND M— f1.490 ACC
WETLAND DW— t0.18 AC
WEST FORK ��—� WETLAND N/NN t2.23
TWELVEMILE CREEK ACC
PERENNIAL STREAM
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WETLAND 0— t4.830 AC
EXISTING SEWER (TYP.) — %"'�"
INTERMITTENT STREAM F
— ±270 LF
PERENNIAL STREAM K
— ±1360 LF
PROPERTY LINE (TYP.)
NWP 3 PERMIT AREA
WETLAND I— t0.14 AC
INTERMITTENT STREAM
• J — ±820.00 LF
WETLAND L— t0.02 AC
/
/
\
/
EAST FORK
TWELVEMILE CREEK
PERENNIAL STREAM
7600 L.F.
ENTIRE LENGTH INSIDE BOUNDARY
8.949 ACRES PROJECT SIDE ONLY
GRAPHIC SCALE
EX-1
0
350 700 1400
1 inch = 700 ft.
Y:\Projects\DWH\DWH-19010\04-Production\En Pineerin
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MCADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
ENCORE AT
STREAMSIDE
IMPACT INSET
CLITHBERTSON ROAD
TOWN OF WAXHAW, NORTH CAROLINA, 28173
PLAN INFORMATION
PROJECT NO.
DWH19010
FILENAME
DWH19010-El
CHECKED BY
MVD
DRAWN BY
RJI
SCALE
1"=700'
DATE
09.13.2022

EXISTING
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8" SS (TYP.)
WETLAND H— t0.39 AC -
OPEN WATER POND G —
±0.43 AC
W/L TIE IN (TYP.)
_ W/L (TYP.)
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— ±65 LF
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A — t0.19 AC
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--
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1EX-2
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MCADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
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GRAPHIC SCALE
0 350 700 1400
=
VH19010-Wetland Exhibit.dw , 10/6/2022 3:23:40 PM, Ryan Igoe 1 inch 700 ft.
ENCORE AT
STREAMSIDE
IMPACT INSET
CLITHBERTSON ROAD
TOWN OF WAXHAW, NORTH CAROLINA, 28173
PLAN INFORMATION
PROJECT NO.
DWH19010
FILENAME
DWH19010-E2
CHECKED BY
MVD
DRAWN BY
RJI
SCALE
1"=700'
DATE
09.13.2022

OPEN WATER POND G — \
t0.724 AC 14/ 14/ 14/ 14/ 14/
i
WETLAND H— t0.236 AC
24" CLASS III 0—RING -----
RCP WITH CONCRETE
CRADLE '
STABILIZED RIRRAP
OUTLET
ISITE LEGEND
TEMPORARY IMPACT
PERMANENT IMPACT
PERMANENT NO LOSS IMPACT
EX-3
\Projects\DWH\DWH-19010\04-Production\Engineering\Construction Drawings\Current Drawings\DWH19010-Wetland 1
" The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
MCADAMS www.mcadamsco.com
� I
I
WETLAND PERMINENT IMPACT
WP1 — 0.021 AC
DAM EMBANKMENT TO BE
_
REMOVED AND REPLACED
AT THE DIRECTION OF THE
ON —SITE GEOTECHNICAL
\ ENGINEER. EXTENTS MAY
VARY
REQUIRED DAMN
REHABILITATION. SEE
i ENCORE AT STREAMSIDE
DAM REHABILITATION PLANS
I
�
NO IMPACT
WETLAND I— t0.075 AC
4 N
GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
ENCORE AT
STREAMSIDE
IMPACT INSET
CUTHBERTSON ROAD
TOWN OF WAXHAW, NORTH CAROLINA, 28173
PLAN INFORMATION
PROJECT NO.
DWH19010
FILENAME
DWH19010-E3
CHECKED BY
MVD
DRAWN BY
RJI
SCALE
1"=40-
DATE
09.14.2022

WETLAND IMPACT PROFILE
540 540
0+00 0+64
EX-4
'J
MCADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
JG GRADE
)SED GRADE
LASS III
G RCP
kST RISER
:TURE
132.00
IUT=525.00
WETLAND IMPACT CROSS SECTION
540 540
GRADE
=D GRADE
ASS III
RCP
0+00 0+75
VERTICAL GRAPHIC SCALE
0 2 4 8
1 inch = 4 ft.
HORIZONTAL GRAPHIC SCALE
0 20 40 80
r_t-i
1 inch = 40 ft.
ENCORE AT
STREAMSIDE
IMPACT INSET
CUTHBERTSON ROAD
TOWN OF WAXHAW, NORTH CAROLINA, 28173
PLAN INFORMATION
PROJECT NO.
DWH19010
FILENAME
DWH19010-E3
CHECKED BY
MVD
DRAWN BY
RJI
SCALE
1"=40' / 1"=4'
DATE
09.14.2022

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jurisdictional
Determination Information

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01504 County: Union U.S.G.S. Quad: NC- Waxhaw
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: David Weeklv Homes
Shannon Boling
Address: 11430 North Communitv House Road, Suite 275
Charlotte, NC 28277
Telephone Number: 704-972-4242
E-mail: sboling(ddwhomes.com
Size (acres) 233.67 Nearest Town Waxhaw
Nearest Waterway Twelvemile Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 34.9516
Longitude:-80.7484
Location description: The review area is located on the north and south sides of Cuthbertson Road; east of the intersection of
Cuthbertson Road and Providence Road. PINS: 06135002 and 0613500101. Reference review area description shown in
Jurisdictional Determination Request package entitled "Figure 1. Vicinity Mad' and Printed Date of 05/29/2019.
Indicate Which of the Following Appl
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands 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 10/29/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are 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, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands 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 CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands 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 consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands 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 consultant to conduct a delineation that
can be verified by the Corps.

SAW-2019-01504
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey 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 our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ 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 Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the 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/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brvan Roden-Revnolds at 704-510-1440 or
b ry an. ro den-reyno ld s(d u s ace. army. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 11/4/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.
Corps Regulatory Official:
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574
Date: 2019.11.04 09:27:59-05'00'
Date of JD: 11/4/2019 Expiration Date of JD:Not applicable

SAW-2019-01504
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.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Wetland and Environmental Planning Grout)
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(dwetlands-et)g.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: David Weekly Homes, Shannon Boling File Number: SAW-2019-01504
Date: 11/4/2019
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.annv.mil/Missions/CivilWorks/Res4ulatorvPros4ramandPennits.asbx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
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.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/4/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: David Weekly Homes, Shannon Boling, 11430
North Community House Road, Suite 275, Charlotte, NC 28277
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Pfister Property, SAW-2019-01504
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north and
south sides of Cuthbertson Road; east of the intersection of Cuthbertson Road and Providence Road. PINS: 06135002
and 0613500101. Reference review area description shown in Jurisdictional Determination Request package entitled
"Figure 1, Vicinity Map" and Printed Date of 05/29/2019.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Waxhaw
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.9516 Longitude:-80.7484
Universal Transverse Mercator:
Name of nearest waterbody: Twelvemile Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 10/24/2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Type of aquatic
Geographic authority to
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
degrees)
degrees)
review area (acreage
wetland vs. non -
'may be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
SEE ATTACHED TABLE
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 (AID) 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 AID 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 AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)

undertaking any activity in reliance upon the subject permit authorization without requesting an AID
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 AID
or a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID 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 should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-6
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® 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: Figure 3, USGS Map (1:24,000 Waxhaw, NC)
® Natural Resources Conservation Service Soil Survey. Citation: Figure 4, NRCS Soil Manuscript (Dated 05/29/2019)
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 1, Vicinity Map (Dated 05/29/2019), Figure 2, Aerial Map (ESRI
Aerial Imagery), and Figure 6, Delineation Map (Dated 10/29/2019)
or ®Other (Name & Date): Photographs 1-6 (Dated
06/20/2019)
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Figure 5, Tax Parcel Map (Dated 05/25/2019) and NCDWQ Stream Reach
Evaluation Forms (Dated 07/24/2019)
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later iurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.1
REYNOLDS.BRYAN.KE 263385574
N N ETH.1263385574 Date: 2019.11.04 09:27:38
-05'00'
Signature and date of Regulatory
staff member completing PJD
11/4/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

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Acres:
PFISTER PROPERTY
Prepared for:
+/- 233.67
Union Co., NC
DAVID WEEKLY HOMES
FIGURE
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Drawn By: Reviewed By:
Updated
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N RN LS R •,
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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Encore at Streamside
Union County, North Carolina
By: Lisa R. Gaffney
Field evaluation conducted during the week of October 3, 2022
Charlotte Office: www.wetiands-epg.com
Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
[phone]
I en. ri nd ner@wet Ian ds -epg. co m

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Encore at Streamside site is located just east of Hwy 16, Providence Road
S., and south of Cuthbertson Road, in Waxhaw, Union County, North Carolina.
It can be found on the Waxhaw, NC USGS Topographic Quadrangle Map;
latitude is 35.9516 N, longitude is-80.7484 W. The study area is a 350 foot
radius surrounding a small pond that drains to East Fork Twelve Mile Creek as
indicated in Figures 1-4.
Figure 1: USGS MAP
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
Figure 2: VICINTIY MAP
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Reviewed By:
Updated
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
Figure 3: AERIAL MAP
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
Figure 4: PUBLISHED SOIL MAP
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}
15 perr l slopes
CtIA Chewada slt loam, 0 io 2
78.0
33.5%
percenl slopes, frequently
flooded
Gsr C,nluerarFaadn mmplax• 15 to
0.0
0.0%
45 Peroem slopes
7b82 Tarns gravely silty day loam,
48.2
2D.7%
1
2 lo S percent slopes,
moderatey eroded
• rd
TbC2 �Tarrus gravely sEly day loam.
10-7
4.6%
r
8 to 15 Percent slopes.
moderately eroded
Totals Tor Area of Interest
232.9
100.0%
,.7
+cam;
CDTHSURTSON RE)
Prepared for:
IWEPG
+�- 233.67
Union Co.. NC
DAVID WEEKLY HOMES
FIGURE
4
Dravm By! Reviewed By:
BLK I SR
5125119
Updated
911942
SOIL SURVEY MANUSCRIPT MAP
Suhjecr to USACEIMCOFQ verifies rion
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service IPaC website
https:Hipac.ecosphere.fws.gov/location/W2NJW773ZZFWTCBOVFOXHUMQZQ/
resources
was referenced to determine the occurrence of Threatened, Endangered and
Protected species for the subject site, the results of which are listed below (Table
1). Maps and aerial photographs were assembled, and the site was investigated
during the week of October 3, 2022
Table 1: Threatened / Endangered / Protected Species listed for
the Encore at Streamside site.
*Source: US Fish & Wildlife Service - IPaC
**Data search on October 3, 2022
Group Name Status
Mammals Tricolored Bat (Perimyoitis subflavus) Proposed Endangered
Clams Carolina Heelsplitter (Lasmigona decorata) Endangered
Flowering Schweinitz's Sunflower (Helianthus schweinitzii) Endangered
Plants
Flowering Michaux's Sumac (Rhus michauxii) Endangered
Plants
Birds Bald Eagle (Haliaeetus leucocephalus) Protected under the
Bald and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
Two plant species with federal protection are listed as potentially occurring in
Union County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights -of -way (ROW).
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
Three animal species with federal protection are listed as potentially occurring in
Union County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and
Golden Eagle Protection Act, typically inhabits forested areas near large
bodies of open water such as lakes, marshes, seacoasts and rivers,
where there are suitable fish populations and tall trees for nesting and
roosting.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well -oxygenated water. Stable,
silt- free stream beds are required for this species. Typically stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
• Tricolored Bat (Perimyotis subf/avus), proposed Endangered, is often
found in caves, abandoned mines, and road culverts during winter.
During the spring, summer, and fall, tricolored bats are found in forested
habitats where they roost in trees. Tricolored bats face extinction due
primarily to the range wide impacts of white -nose syndrome, a deadly
disease affecting cave -dwelling bats across the continent.
RESULTS:
The site was formerly comprised of farmland, wooded slopes, floodplain and
buffers of West Fork and East Fork Twelve Mile Creek. The site has been
timbered and graded and is in the process of development. The subject area for
this evaluation is a 350 foot radius surrounding a small pond that drains to East
Fork Twelve Mile Creek.
WEPUProiect 400562
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
The wooded buffer surrounding the pond dominated is a mesic mixed hardwood
forest. Canopy trees include White Oak (Quercus a/ba), Northern Red Oak (Q.
rubra), Southern Red Oak (Q. fa/cata), Black Oak (Q. ve/utina), Willow Oak (Q.
phellos), Shagbark Hickory (Carya ovata), Mockernut Hickory (C. tomentosa),
Pignut Hickory (C. glabra), Sweetgum (Liquidambar styraciflua), Cottonwood
(Populus deltoides), Yellow Poplar (Liriodendron tulipifera), River Birch (Betula
nigra), and Sycamore (Platanus occidentalis). Subcanopy species include
Sourwood (Oxydendrum arboreum), Ironwood (Carpinus caroliniana), Red Maple
(Acerrubrum), Hackberry (Ce/tis /aevigata), Redbud (Cercis canadensis), and
Black Gum (Nyssa sy/vatica). Shrubs present are Spicebush (Lindera benzoin),
Autumn Olive (E/aeagnus umbellate), American Strawberry Bush (Euonymus
americans), and Chinese Privet (Ligustrum sinense), and Paw Paw (Asimina
triloba). Vines include Japanese Honeysuckle (Lonicera japonica), Trumpet
Creeper (Campsis radicans), Catbrier (Smilax sp.), Virginia Creeper
(Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy
(Toxicodendron radicans). Herbs present are Christmas Fern (Po/ystichum
acrostichoides), Panic Grass (Panicum sp.), Grapefern (Botrychium sp.),
Japanese Stiltgrass (Microstegium vimineum), River Oats (Chasmanthium
latifolium) and River Cane (Arundinaria gigantea).
The pond has a thin wetland fringe along the edge dominated by common
Sedges (Carex sp., Cyperus sp.), Soft Rush (Juncus effusus), Tickseed (Bidens
sp.), Gamma Grass (Tripsacum dactyloides), and Cattails (Typha latifolia).
Threatened & Endangered/Protected Species Results
• There is no suitable habitat for Schweinitz's Sunflower in the study area
and the species was not observed. WEPG concludes Schweinitz's
Sunflower (Helianthus schweinitzii) does not occur on the site.
• There is no suitable habitat for Michaux's Sumac in the study area and the
species was not observed. WEPG concludes Michaux's Sumac (Rhus
michauxii) does not occur on the site.
• There is no suitable habitat for Carolina Heelsplitter in the study area.
WEPG concludes Carolina Heelsplitter (Las0gona decorata) does not
occur on the site.
• No Bald Eagles or eagle's nests were observed. WEPG concludes Bald
Eagle (Haliaeetus /eucocepha/us) does not occur on the site.
• Current guidance from the USFWS Asheville office indicates no further
action is required under section 7 of the Endangered Species Act for the
Tricolored Bat as of the report date.
WEPUProiect 400562
Wetlands and Environmental Planning Group

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
04z'el # 1*e�l
Lisa R. Gaffney
Biologist
October 10, 2022
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Encore at Streamside
Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 65,000 acres in North and South Carolina, 1996 -
present.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis nanif/ora).
• Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
This discovery led (in part) to the purchase of the site by the State of North
Carolina Plant Conservation Program, now called Redlair Preserve. This
population has become a Recovery Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.
10
Wetlands and Environmental Planning Group

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Cultural Resources
Report

R.S. Webb & Associates
Cultural Resource Management Consultants
2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319
Holly Springs, Georgia 30142
Phone: [phone] • Fax: [phone]
September 16, 2022
Mr. Heath Caldwell
Wetlands & Environmental Planning Group
10612-D Providence Road, PMB 550
Charlotte, North Carolina 28277
Subject: Professional Opinion Regarding Potential Effects on Known Historic Properties
Pond G Study Radius, Encore Development Tract (Pfister Property)
Waxhaw, Union County, North Carolina
R.S. Webb & Associates No. 22-649-195
Dear Mr. Caldwell:
During September 2022, R.S. Webb & Associates (RSWA) reviewed online historic resources
databases, online historic maps/aerial photography and onsite photography (provided by Wetlands
& Environmental Planning Group) for a 350-foot radius around Pond G, which is within the Encore
development tract (Pfister Property) in Union County, North Carolina (Figure 1). The data review
did not include gathering information from the North Carolina Office of State Archeology. The
purpose of the review was to determine if recorded/known historic resources are located within a
350-foot working radius around Pond G, which requires Clean Water Act permitting.
No National Register of Historic Places (NRHP) properties or recorded historic resources are located
within at least 350 feet of Pond G. Historic maps and aerial photography indicate that Pond G has
been in place since at least 1956 when it was an integral part of an agricultural landscape. Such
middle 20th century farm ponds are very common in Union County and the North Carolina Piedmont,
with at least 11 other such ponds being mapped on the 1988 USGS quadrangle map within 1.0 mile
of Pond G (Figure 1).
The attached photograph provided by Wetlands & Environmental Planning Group shows that Pond
G is still intact (Figure 2). Thick lakeside growth and the pond -wide presence of aquatic vegetation
(e.g., duckweed, watermeal, etc.) indicates that Pond G no longer functions as agriculturally
intended. Given the very common nature of farm ponds in the study region, the marginal age of
Pond G and the loss of original function, this minor agriculture landscape feature is considered
ineligible for the NRHP.
Based on the findings and photography reviewed, it does not appear that proposed project activities
will impact known properties eligible for or listed in the NRHP.

Professional Opinion - Pond G Study Radius, Encore Development Tract, Union County, North Carolina Page 2
September 16, 2022
MT. Caldwell, we appreciate the opportunity to work with you on this project. If you have any
questions or comments, please contact me at 770-345-0706.
Sincerely,
R.S. WEBB &,,ASSOCIATES.
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachments: Figures 1 and 2

v -r ��1�'M1 �LJ. \s• J 1 ,tip -N
■ 55 '.
-,�
V 57
arent5
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r Studv'�Radiu
r
T
51
E'r cn •. 7 �
Map Reference: 7.5-Minute USGS Quadrangles Scale
Catawba NE (1968 PR 1988) and 0 533 meters
Waxhaw (1970 PR 1988), SC -NC
0 1750 feet
Figure 1 Location of Pond G Study Radius and Parent Development Tract

I' one G, Facint Nortl