20221686 Ver 1_ePCN Application_20221201

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:
6/22/2022
BIMS # Assigned* Version#*
20221686 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
1a. Name of project:
Finger Mill Road
1a. Who is the Primary Contact?*
Bryan Blythe of Crescent Communities
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/1/2022
Nearest Body of Water
Larkard Creek (Gladdens Lake)
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude: Longitude:
35.539965 -81.220756
A. Processing Information
County (or Counties) where the project is located:
Lincoln
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

1a. 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)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. 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:
J H Heafner Company Inc do American Tire Real Estate
2b. Deed book and page no.:
925/382
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
12200 Herbert Wayne Ct Ste 150
Address Line 2
City State / Province / Region
Huntersville North Carolina
Postal /Zip Code Country
28078-6397 Mecklenburg
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Bryan Blythe
3b. Business Name:
Crescent Communities
3c. Address
Street Address
601 South Tryon Street, Suite 800
Address Line 2
City
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer L Robertson
4b. Business Name:
Atlas Environmental, Inc.
4c. Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
4f. Email Address: *
jobertson@atlasenvi. corn
C. Project Information and Prior Project History
State / Province / Region
North Carolina
Country
Mecklenburg
3e. Fax Number:
[phone]
State / Province / Region
North Carolina
Country
Mecklenburg
4e. Fax Number:
[phone]
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Lincolnton
2. Project Identification
2a. Property Identification Number:
3635888860
2b. Property size:
24.81

2c. Project Address
Street Address
3075 Finger Mill Road
Address Line 2
City State / Province / Region
Lincolnton North Carolina
Postal / Zip Code Country
28092 Lincoln
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Larkard Creek (Gladdens Lake)
3b. Water Resources Classification of nearest receiving water: *
Class C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020303
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 review area currently consists of forested land, previously used farmland, and a service road that runs along a sewer line. This service road runs Northeast and Southwest through the
Southern region of the property and leads to a sewage pump station which is located outside of the review area.
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:
0.107
4g. List the total estimated linear feet of all existing streams on the property:
1,524
4h. Explain the purpose of the proposed project: *
The project purpose is for the construction of an industrial building that is approximately 172,720 square feet under the roof.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will require mechanized land clearing for grading to remove existing vegetation and to prepare the ground surface for construction. Heavy equipment will be used for grading
and clearing activities. The development will also require the construction of parking areas, storm water treatment, utilities, and additional infrastructure.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
Delineation was completed March 03, 2022
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-2022-01039
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jennifer Robertson
Agency/Consultant Company: Atlas Environmental, Inc.
Other: Delineation by Atlas Staff
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
AJD issued on 06/28/2022 by Krysta Stygar
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?
No

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
Parking/grading
P
Headwater Forest
WL 1200
Yes
Corps
0.013
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.013
2i. Comments:
2g. Total Permanent Wetland Impact
0.013
Wetland 1200 totals 0.016 acre and only 0.013 acre is proposed to be impacted for the industrial development.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The site layout, positing, and sizing of the proposed industrial development is designed and engineered to avoid and minimize impacts to the greatest
extent possible. There are no proposed impacts to streams. The upper Northern region of one wetland (WL 1200) will be impacted for parking and
grading.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The French drain is a construction technique that will provide continuous flow and minimize downstream impacts. The finished floor elevation was
selected to minimize side slopes. The square footage of the building was also downsized when compared to conceptual drawings.
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:
The wetland impacts are under the mitigation threshold for DWR and the Corps.
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:
The project is not located within or adjacent to waters which include Riparian Buffer Protection Rules.
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:
Greater than 24% impervious cover
G. Supplementary Information
1. Environmental Documentation
1a. 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.
The project is a complete project which is not phased and has no reasonable anticipated future impacts.
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.
We are connecting to municipal sewer
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. 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?
IPAC, NHP, and conducted a field assessment
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? *
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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC HPO buffer map identified a house (Finger House) Northeast of the review area. The site is considered not eligible for listing in the NRHP within
the survey limits. These comments were received from the State Historical Preservation Office on 09/16/2022. TRC conducted a survey of the review
area and identified no cultural resources.
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:
Project engineers are coordinating all FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?*
FEMA NFHL google earth .kml layer
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
Finger Mill Road_NWP 39 Attachments Compressed.pdf 3.98MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Jennifer Robertson
Signature
o7� cd,9ttdvx
Date
12/1/2022

Angela Petros
From: Angela Petros
Sent: Wednesday, June 22, 2022 3:25 PM
To: 401PreFile
Subject: Finger Mill Road NWP 39 Pre -Application Notice
To Whom It May Concern,
Atlas will be submitting an NWP 39 application for the Finger Mill Road project. This project is in Lincolnton
(Lincoln County) and is an Industrial project. Crescent Communities is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
i

Preliminary ORM Data Entry Fields for New Actions
SAW — 20 22 -01039 BEGIN DATE [Received Date]:
Prepare file folder n Assign Action ID Number in ORM n
1. Project Name [PCN Form A2a]: Finger Mill Road
2. Work Type: Private n Institutional n Government n Commercial n
3. Project Description / Purpose [PCN Form B3d and B3e]:
This project is for the construction of an industrial building with 172,720 square feet under roof.
4. Property Owner / Applicant [PCN Form A3 or A4]:Owner: J H Heafner Company Inc c/o American Tire Real Estate
Applicant: Bryan Blythe of Crescent Communities
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form B5b]: SAW-2022-01039
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
3075 Finger Mill Road Lincolnton, NC 28092
Lat: 35.539965° Long: -81.220756°
8. Project Location - Tax Parcel ID [PCN Form B1a]: 3635888860
9. Project Location — County [PCN Form A2b]: Lincoln
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Lincolnton
11. Project Information — Nearest Waterbody [PCN Form B2a]: Larkard Creek, Class C, # 11-129-5-8
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: South Fork Catawba 03050102
Authorization: Section 10 n Section 404 n Section 10 & 404 n
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 39
n Regional General Permit #
n Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
n Compliance
n No Permit Required
Revised 20150602

TL
IFIONMENTAL
US Army Corps of Engineers
Charlotte Regulatory Field Office
Attn: Krysta Stygar
8430 University Executive Park Drive, Suite 611
Charlotte, NC 28262
December 01, 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: Finger Mill Road +/- 24.81 acres
3075 Finger Mill Road Lincolnton, NC 28092
Nationwide Permit 39 Verification Request
Corps Action ID: SAW-2022-01039 / DWR Project #: unknown
Krysta and Paul:
Atlas Environmental (Atlas) is submitting the enclosed nationwide permit 39 verification package on
behalf of the applicant, Bryan Blythe of Crescent Communities, for unavoidable impacts to potential
Waters of the United States at the Finger Mill Road project review area. Atlas staff completed the stream
and wetland delineation on March 3, 2022, and observed one perennial stream, one intermittent stream,
and three wetlands onsite. An approved jurisdictional determination was submitted on May 06, 2022 and
the AJD was issued on June 28, 2022 by Krysta Stygar.
The project purpose is for the construction of an industrial development consisting of a single building and
associated driveways, parking areas, utilities, and additional infrastructure. No stream impacts are
proposed for the development. One unavoidable wetland impact is proposed as Impact W1 to wetland
WL 1200 as 0.013 acre of permanent fill. This impact is required for the development of parking and
grading of side slopes.
The project has been designed and engineered to avoid and minimize impacts to the greatest extent
possible. The building size and layout has been oriented to minimize impacts aquatic resources. Impact
W1 will be French drained to prevent potential secondary impact downstream. No stream impacts are
proposed, and one wetland impact is proposed. The total acres of wetlands on site are 0.107 acres. The
total linear feet of streams on site (1,524 LF) have been avoided completely.
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,
ile,4444e,dgatel.
Jennifer L Robertson
[e-mail]
ATlr 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

F ONMENTAL
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: t N (rE2 (1 1 ILL '`'na
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Property Owner of Record:
Contact Name:
Address:
Address:
Phone/Fax Number:
Email Address:
Project Address:
Project Address:
Tax PIN:
Signature:
Date:
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ATLAS Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o)/ 828-712-9205 (m)
[e-mail]
www.atlasenvi.com

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Legend
Review Area
Lincoln Co. Parcels
Streets
Contours: 2 Ft
Delineation
Perennial
Intermittent
Wetland
• Culvert
..t
Sketch Map provided for illustrative purposes and
preliminary planning only. Not intended to be relied upon
for exact location, dimension, or orientation. All findings
1)...___ 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.
Project Name: Finger Mill Road
Location: 3075 Finger Mill Road Lincolnton, NC 28092
For: Crescent Communities Attn: Mr. Ken Jonmaire
\N
JACOY ANSIRK liNk
31 841 !W9
$"4t wfrN.
•
Page 1 of 3
Figure:
Coordinates: 35.539965° /-81.220756°
Date: March 11, 2022

Aquatic Resource Sketch Map
Legend
Review Area
Lincoln Co. Parcels
Streets
Delineation
Perennial
Intermittent
Wetland
• Culvert
Project Name: Finger Mill Road
Location: 3075 Finger Mill Road Lincolnton, NC 28092
For: Crescent Communities Attn: Mr. Ken Jonmaire
Page 2 of 3
Figure:
Coordinates: 35.539965° /-81.220756°
Date: March 11, 2022

Abutting Wetland
WL 1200: — 0.016 Ac
Abutting Wetland
WL 1000: — 0.036 Ac
Isolated Wetland
�`
WL 1100: — 0.055 Ac
�
1
I V l
Aquatic Resource Sketch Map
Legend
Review Area
Lincoln Co. Parcels
Streets
Contours: 2 Ft
Delineation
Perennial
Intermittent
Wetland
Culvert
Intermittent RPW
CH 200: — 219 LF, 0.012 Ac
Perennial RPW
Larkard Creek: — 1305 LF, 0.259 Ac
Project Name: Finger Mill Road
Location: 3075 Finger Mill Road Lincolnton, NC 28092
For: Crescent Communities Attn: Mr. Ken Jonmaire
Page 3 of 3
Detail 1 Figure:
Coordinates: 35.539965° /-81.220756°
Date: March 11, 2022

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
June 23, 2022
David Rabon
Atlas Environmental, Inc.
338 South Amity Road #441
Charlotte, North Carolina 28211
[e-mail]
Subject: Finger Mill Commercial Development; Lincoln County, North Carolina
Dear David Rabon:
f us. 1
FISH &WI ■LIFE
SERVICE
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated May 23, 2022, wherein you solicit our comments regarding project -
mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); 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, the Applicant proposes to construct a residential
development and appurtenances on approximately 25 partially forested acres in Lincolnton,
North Carolina. The information provided suggests that the proposed project will require
authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the
United States. A description of impacts to onsite habitats has not been prepared or provided at
this time.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the action area
(50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis).
However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of
northern long-eared bat 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). Based on the information provided, the project would occur at
a location where any incidental take that may result from associated activities is exempt under
the 4(d) rule for this species. Although not required at this time, we encourage the Applicant to
avoid any associated tree clearing activities during this animal's pup season, maternity roosting
season (May 15 — August 15) and/or active season (April 1 — October 15). If adhered to, a tree
clearing moratorium would also support our concurrence with a "may affect, not likely to
adversely affect" determination from the action agency for this animal.
Please note that on March 23, 2022, the Service published a proposal to reclassify the northern
long-eared bat (NLEB) as endangered under the Act. The U.S. District Court for the District of

Columbia has ordered the Service to complete a new final listing determination for the NLEB by
November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened,
faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal
disease affecting cave -dwelling bats across the continent. The proposed reclassification, if
finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only
to threatened species. Depending on the type of effects a project has on NLEB, the change in the
species' status may trigger the need to re -initiate consultation for any actions that are not
completed and for which the Federal action agency retains discretion once the new listing
determination becomes effective (anticipated to occur by December 30, 2022). If your project
may result in incidental take of NLEB after the new listing goes into effect this will need to be
addressed in an updated consultation that includes an Incidental Take Statement. If your project
may require re -initiation of consultation, please contact our office for additional guidance.
Additional information about this animal including its proposed reclassification can be found
here: https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis
Your correspondence indicates that suitable habitat is present onsite for the federally threatened
dwarf -flowered heartleaf (Hexastylis naniflora). Provided that this species was not detected
during targeted botanical surveys conducted on March 3, 2022, we believe that the probability
for inadvertent loss of this plant species is insignificant and discountable and we would concur
with "may affect, not likely to adversely affect" determinations from the action agency.
Botanical survey results are valid for two years for the purposes of consultation under the Act:
https://www.fws. gov/story/2022-03/north-carolinas-federally-threatened-endangered-and-risk-plant-
species
Based on the information provided, suitable habitats do not occur onsite for any other federally
protected species, and we require no further information at this time. Please be aware that
obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this 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.
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Impervious Surfaces and Low -Impact Development
Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and
stream -channel scouring. 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. Accordingly, we recommend that all
new development, regardless of the percentage of impervious surface area they will create,
2

implement storm -water -retention and -treatment measures designed to replicate and maintain the
hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality
within the watershed.
We recommend the use of low -impact -development techniques, such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for
retaining and treating storm -water 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 residential development.
Where detention ponds are used, storm -water 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 storm water, attenuating the potential adverse effects of storm -water
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the
purpose of storm -water -control measures is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-22-555.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
3

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.
June 16, 2022
Layla Tallent
ATLAS Environmental, Inc.
338 South Sharon Amity Road #411
Charlotte, NC 28211
[e-mail]
Re: Construct industrial building, 3075 Finger Mill Road, Lincolnton, Lincoln County, ER 22-1520
Dear Ms. Tallent:
Thank you for your email of May 24, 2022, transmitting the environmental review documentation for the
above -referenced project on behalf of your client, Crescent Communities. We have reviewed the
information provided and offer the following comments:
One prehistoric archaeological site (31LN67) is located within the project area. This site has not yet been
assessed for listing in the National Register of Historic Places (NRHP).
We recommend that archaeological site 31LN67 be relocated through archaeological investigations and be
assessed for NRHP eligibility. This work should be conducted by an experienced archaeologist that meets
the Secretary of the Interior's Professional Qualification Standards. A list of archaeological consultants
who have conducted or expressed an interest in contract work in North Carolina is available at
https://archaeology.ncdcr.gov/archaeological-consultant-list. The archaeologists listed, or any other
experienced archaeologist, may be contacted to conduct the recommended survey.
Please note that our office requests consultation with the Office of State Archaeology Review
Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation.
You can find the Review Archaeologist for your region at https://archaeology.ncdcr.gov/about/contact.
OSA's Archaeological Standards and Guidelines for Background Research, Field Methodologies,
Technical Reports, and Curation can be found online at: https://files.nc.gov/dncr-
arch/OSA_Guidelines Dec2017.pdf.
We have determined that the project as proposed will not have an effect on any historic structures.
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.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

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 [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
1) State Historic Preservation Officer

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Secretary D. Reid Wilson
September 16, 2022
Tasha Benyshek
TRC
705 Dogwood Road
Asheville, NC 28806
[e-mail]
Re: Construct industrial building, 3075 Finger Mill Road, Lincolnton, Lincoln County, ER 22-1520
Dear Ms. Benyshek:
Thank you for your letter of August 15, 2022, transmitting the archaeological survey report and site form
for 31LN67, associated with the above -referenced undertaking. We have reviewed the submittal and offer
the following comments.
During the initial review of this project, one archaeological site, 31LN67 was noted as being located within
the project area. The site was not previously assessed for listing in the National Register of Historic Places
(NRHP). A comprehensive archaeological survey of the study area was recommended to relocate 31LN67.
A portion of site 31LN67 was relocated during the survey based on one piece of lithic debitage found along the
drainage. The report author recommends that the site be considered not eligible for listing in the NRHP within
the survey limits. While we concur that no further archaeological investigations are warranted at 31LN67 in
conjunction with the proposed project, we would consider the overall site to remain unassessed for NRHP
eligibility as the site is believed to extend south outside of the current project area. Based on the survey results,
the portion of the site within the current project area would not contribute to any potential eligibility of the
overall site and we accept the report as final.
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 [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
1) State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
Location description:
3635888860
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01039County: Lincoln U.S.G.S. Quad: NC -Maiden
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Crescent Communities
Bryan Blythe
601 South Tryon Street. Suite 800
Charlotte, NC 28202
704-390-5378
bblythe(&crescentcommunities.co m
24.81 Nearest Town Lincolnton
Lankard Creek RiverBasin Santee
03050102 Coordinates Latitude:35.539965
Longitude: -81.220756
Project is located at3075Finger Mill Road, near Lincolnton, Lincoln County. North Carolina. PIN:
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above de scribed project area/property , that may be subject to Section404
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 accumte
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determinationmay be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of im pacts, 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 jurisdictionalwa ters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Proce ss (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 de scribed project area/property , that may be subject to Section404
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 notbeenproperly 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 a llof the waters, including wetlands at the project area, which
is not sufficiently accumte 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 conducta delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United States within the above de scribed project area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe 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 periodnotto exceed five years from the date of this notification.
▪ We recommend you have the waters, including wetlands on y our 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 delineation that
can be verifiedby the Corps.
® The waters, including wetlands on y our 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 m ap dated 6/16/2022. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2022-01039
verified, this survey willprovide an accurate depiction ofall areas subjectto CWAjurisdiction 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 periodnotto exceed five years from the date ofthis notification.
❑ There are no waters of the U.S., to include wetlands, present on the above describedproject area/property which are subjectto the
permit requirements of Section404 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 notto exceed five years from the date ofthis notification.
❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalManagementin Morehead City, NC, at [phone] 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 Section 301 of the Clean WaterAct (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/or 403). If you have any questions
regardingthis determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
kry stynka.b.sty gar(Ousac e.a rmy.mil.
C. Basis For Determination: See the approved jurisdictional determination form dated 6/28/2022.
D. Remarks: See map, "Finger Mill Road -06/16/2022"
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 Re sources 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 at 33 CFR Part 331. Enclosed
you will find a NotificationofAppealProcess (NAP) fact sheet and Request forAppeal(RFA) form. Ifyourequest to appeal this
determination you m ust submit a completed RFA form 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, FloorM9
Atlanta, Georgia 30303-8803
AND
PH I L I P.A. [e-mail]
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 receivedby 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 07/15/2022.
**It is not necessary to submit anRFAform to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 6/28/2022 Expiration Date ofJD: 6 28/2027

SAW-2022-01039
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/cmapex/f?p=136:4:0
Copy furnished:
Agent: Atlas Environmental Inc
Layla Tallent
Address: 338 South Sharon Amity Road
Charlotte. NC 28211
Telephone Number: 828-449-9982
Property Owner:
Address:
Crescent Communities
Brian Blythe
601 S. Tryon Street. Suite 800
Charlotte, NC 28202

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Crescent Communities, Bryan Blythe
File Number: SAW-2022-0103) Date: 6/28/2022
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
g
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
ISECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
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 appealthe 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 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
forfeit your right 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 allof 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 a s previously written. After
evaluating your objections, the district engineer will send you a proffered permit for y our 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 under the Corps of Engineers Administrative AppealProcess 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 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 appealthe 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 appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe y our rea sons for appea ling 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 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 appealconference ormeeting, and any supplemental information that the review officer ha s 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
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: [phone]; FAX[phone]
EMAIL: [e-mail]
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 appealprocess. 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: 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, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 6/28/2022
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Finger Mill Road, SAW-2022-01039
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project is located at 3075 Finger Mill Road, near Lincolnton, Lincoln
County, North Carolina. PIN: 3635888860
State: NC County/parish/borough: Lincoln City: Lincolnton
Center coordinates of site (lat/longin degree decimal format): Lat. 35.539965 , Long. -81.220756
Universal Transverse Mercator:
Name of nearest waterbody: Lankard Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03050102
Z Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
Z Field Determination. Date(s): June 16, 2022
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area.
[Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
❑TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
❑X Relatively permanent waters 2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑X Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑X Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 1524 linear feet, 1-30 wide, and/or 0.271 acres.
Wetlands: 0.107 acres.
c. Limits (boundaries) of jurisdiction based on: Established OHWM
Elevation of established OHWM (if known): 810 feet to 790 feet
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g.,
typically 3 months).
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INon -regulated waters/wetlands (check if applicable): 3
❑X Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:
Isolated wetland WL 1100
SECTION III: CWA ANALYSIS
TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section
IILA.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section
III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine
whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters"
(RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland
that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to
Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA
regions will include in the record any available information that documents the existence of a significant nexus between a relatively
permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant
nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider
the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes,
the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent
wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any
onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a
significant nexus exists is determined in SectionIII.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i)
General Area Conditions:
Watershed size: 0.135 square miles
Drainage area: 0.135 square miles
Average annual rainfall: 47 inches
Average annual snowfall: 5 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑X Tributary flows through 3 tributaries before entering TNW.
Project waters are 10-15 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 10-15 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
3 Supporting documentation is presented in Section MT.
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West.
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Identify flow route to TNW5: Unnamed tributary — Larkard Creek— Clark Creek — Catawba River
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑X Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 10 feet
Average depth: 3 feet
Average side slopes: Vertical (1:1 or less).
Primary tributary substrate composition (check all that apply):
❑X Silts ❑X Sands ❑ Concrete
❑X Cobbles ❑X Gravel ❑X Muck
❑X Bedrock ❑ Vegetation. Type/% cover:
❑Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain: varyingbedformincluded deep pools and riffles
Tributary geometry: Meandering
Tributary gradient (approximate average slope): 1.5 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 6-10
Describe flow regime: 2 order channel
Other information on duration and volume: perennial flow
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: Yes. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑X Bed and banks
❑X OHWM6(check all indicators that apply):
❑X clear, natural line impressed on the bank ❑X the presence of litter and debris
❑X changes in the character of soildestruction of terrestrial vegetation
❑X shelving ❑X the presence of wrack line
❑X vegetation matted down, bent, or absent ❑X sediment sorting
❑X leaf litter disturbed or washed away ❑scour
❑X sediment deposition ❑X multiple observed or predicted flow events
❑ water staining ❑X abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM. 7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow
over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
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❑ fine shell or debris deposits (foreshore) ❑physical markings;
▪ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain:
Identify specific pollutants, if known: CH 200 and lackard creek were turbid
(iv) Biological Characteristics. Channel supports (check all that apply):
▪ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
▪ Habitat for:
❑Federally Listed species. Explain findings:
▪ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
▪ Aquatic/wildlife diversity. Explain findings: game trail
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i)
Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: WL 1000 (0.036 ac) WL 1200 (0.016 ac)acres
Wetland type. Explain: palustrine forested
Wetland quality. Explain: high quality
Project wetlands cross or serve as state boundaries. Explain: No
(b) General Flow Relationship with Non-TNW:
Flow is: No flow Explain:
Surface flow is: Not present
Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non- TNW:
▪ Directly abutting
LII Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 10-15 river miles from TNW.
Project waters are 5-10 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 2-year or less floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics;
etc.). Explain: brown water with tannin and decaying leaves
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
▪ Riparian buffer. Characteristics (type, average width): herbaceous, 1 foot
▪ Vegetation type/percent cover. Explain: 100% cover
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Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
▪ Aquatic/wildlife diversity. Explain findings: games trails and observed aquatic species
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 2
Approximately 0.0052 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N)
WL 1000
WL 1200
Size (in acres)
0.036
0.016
Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed: Wetlands WL 1000 and WL 1200
provide habitat for terrestrial and aquatic species. Flood control and water quality benefits for CH 200.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any
wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW.
For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more
than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when
evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and
its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine
significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a
tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of
significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in
the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to
reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other
species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological
integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings
of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs.
Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands,
then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or
absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
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2. RPWs that flow directly or indirectly into TNWs.
❑X Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is
perennial: Larkard Creek scored greater than 30 on the NC Stream ID Form.
❑X Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data
supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Channel CH 200
scored greater than 19 and less than 30 on the NC Stream ID Form
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑X Tributary waters: 1524 linear feet
❑Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is
jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary
is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal
in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Wetlands WL 1000 and WL 1200 has a direct hydrologic connection to CH 2O0.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is
provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is
provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑Demonstrate that water is isolated with a nexus to commerce (see E below).
'See Footnote # 3.
9To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.
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E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY):1°
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑Interstate isolated waters. Explain:
❑Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland
Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory
Bird Rule" (MBR).
❑X Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: WL 1100 is isolated with no
connection to downstream waters
❑Other: (explain, if not covered above):
Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e.,
presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all
that apply):
❑ Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑ Lakes/ponds: acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a
finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑ Lakes/ponds: acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
❑X Wetlands: WL 1100; 0.055 acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and
requested, appropriately reference sources below):
❑X Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: GIS
❑X Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review
consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
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▪ U.S. Geological Survey Hydrologic Atlas: NRCS
❑ USGS NHD data.
▪ USGS 8 and 12 digit HUC maps.
▪ U.S. Geological Survey map(s). Cite scale & quad name: NRCS, 1:24k Maiden
❑ USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey
▪ National wetlands inventory map(s). Cite name: GIS Database Fish and Wildlife Service download
❑ State/Local wetland inventory map(s):
▪ FEMA/FIRM maps: Googel Earth
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
▪ Photographs: 0 Aerial (Name & Date): 2019 aerial images
Or 0 Other (Name & Date): Site photographs 03/03/2022
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
▪ Other information (please specify): Field Visit conducted 06/16/2022
B.ADDITIONAL COMMENTS TO SUPPORT JD:
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