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HomeMy WebLinkAbout20150070 Ver 1_401 Application_20150115o wAr 9 OfficetUse Off, AID ,'� ' o CorpsVion ID no 2 o < ' 1 5 0 0 7 0 DWQ project no Form Version 1 4 January 2009 Page 1 of 10 PCN Form — Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps ❑X Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 3,29 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d 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 le 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 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a Name of project Willowcroft 2b County Union 2c Nearest municipality / town Stallings 2d Subdivision name 2e NCDOT only, T I P or state protect no I RECEIVED 3. Owner Information I A At () f)n9r 3a Name(s) on Recorded Deed Mentage Homes of the Carolinas, LLC Charlotte NC Divison " ti v "i 3b Deed Book and Page No 6225 248 DENR -LAND QUALITY 3c Responsible Party (for LLC if applicable) CRivi tK LR ITTING Mark Sergent 3d Street address 11605 N Community House Rd , Suite 250 3e City, state, zip Charlotte, NC 28277 3f Telephone no 704 944 8900 3g Fax no 3h Email address mark sergent @mentagehomes com 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 Owner 4b Name Mark Sergent 4c Business name (if applicable) Mentage Homes of the Carolinas, LLC, Charlotte NC Division 4d Street address 11605 N Community House Rd , Suite 250 4e City, state, zip Charlotte, NC 28277 4f Telephone no 704 - 944 -8900 4g Fax no 4h Email address mark sergent @mentagehomes corn 5. Agent/Consultant Information (if applicable) 5a Name Len Rindner 5b Business name (if applicable) Leonard S Rindner, PLLC - Wetlands & Environmental Planning Group 5c Street address 10612 -D Providence Road, PMB 550 5d City, state, zip Charlotte, NC 28277 5e Telephone no 704- 904 -2277 5f Fax no 5g Email address len rindner @wetlands -epg corn Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property Identification no (tax PIN or parcel ID) 07141001G 1 b Site coordinates (in decimal degrees) Latitude 35 0651 Longitude -80 7201 1c Property size 199 acres 2. Surface Waters 2a Name of nearest body of water to proposed project West Fork Twelve Mlle Creek 2b Water Quality Classification of nearest receiving water Class C 2c River basin Lower Catawba 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 currently undeveloped and predominately wooded General land use in the vicinity consists of residential developments 3b List the total estimated acreage of all existing wetlands on the property 0 53 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 331 3d Explain the purpose of the proposed project Purpose of the project is for development of residential structures and access /road crossing 3e Describe the overall project in detail, including the type of equipment to be used Road crossing will be constructed using standard equipment - excavator, trackhoe, dump trucks, etc Culvert will be placed in stream 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ro ect includin all riot hases in the ast? ❑X Yes ❑ No ❑ Unknown Comments Site visit conducted by Corps on 07/09/14 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c If yes, who delineated the jurisdictional areas? Name (if known) George Buchholz Agency /Consultant Company REM Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation March 28, 2014 5. Project History 5a Have permits or certifications been requested or obtained for this project (Including all prior phases) in the past? El 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 la Which sections were completed below for your project (check all that apply) ❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑X 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 Headwater Wetland Yes Corps 0 027 W2 P Fill Headwater Wetland Yes Corps 009 W3 P Fill Headwater Wetland Yes /No Corps 001 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: 013 2h Comments 3. Stream Impacts If there are perennial or Intermittent stream Impacts (Including temporary Impacts) proposed on the site, then complete this question for all stream sites Impacted 3a Stream Impact number Permanent (P) or Temporary (T) 3b Type of Impact 3c Stream name 3d Perennial (PER) or Intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Culvert UT to West Fork 12 -Mile PER Corps 1 110 S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h Total stream and tributary impacts 110 31 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 dl P West Fork Twelve Mile Creek Fill Pond 003 9?D P West Fork Twelve Mile Creek Excavation Pond 0 099 fg3' P West Fork Twelve Mile Creek Fill Pond 0 191 04 Choose one Choose 4f Total open water impacts 032 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 51 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 mite ation, then vou 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 61 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h Total Buffer Impacts: 61 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 Road crossings were minimized to only one needed to access high ground portions the site which is crossing at a perpendicular angle and at the narrowest point of wetlands /streams /ponds This road crossing provides access to 15 lots Due to the connections required to the existing Yarrow Street and Chestnut Lane, #W1 and #W2 (0 117 acre) and #02 (0 19 acre) impact could not be avoided without losing lots If the roadhntersection was realigned to completely avoid impacts to W#1 and #W2, three to four lots would be lost and an additional two to three lots for 0#2 lb Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques The road crossing impact length is the minimum needed to create a safely sized public road way to access the lots in the residential development The remaining areas of stream /wetland /pond will be undisturbed and set aside as common open space Due to the minimal impacts to streams /wetlands on the site, no mitigation is being proposed There is also no mitigation being proposed for the open water impacts since this feature is a man -made pond and the remaining areas will be preserved 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 ❑ 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 S. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation Yes ❑X No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 15 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 la Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ 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? 35% 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 Three stormceptors will be installed to treat stormwater generated on the site before it enters the existing pond Two stormceptors are located at the road crossing location and then an additional stormceptors will be located between lots 13 & 14 2e Who will be responsible for the review of the Stormwater Management Plan? State/Town of Stallings Union County 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Town of Stallings/ Union County ❑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) la Does the project Involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No use of public (federal /state) land? lb 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 letter) ❑ Yes ❑ No 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, El Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit applications El Yes ❑X 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 El Yes 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 cumulative effects are anticipated from the project There are no additional properties to develop associated with this project so all the impacts have been accounted for 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 the be transported to the treatment facility line generated on site will nearest via existing sewer infrastructure Page 9 of 10 PCN Form — Version 1 4 January 2009 S. 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 /endangered species assessment was conducted on the site in which no species /habitat was identified Report is included 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? There are no essential fish habitat located in the is 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 http Hgis ncdcr gov/hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes ❑X No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Information from engineer Amanda Jones for WEPG 01 -14 -2015 Applicant/Agent's Printed Name Date Appli t/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided 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) identification /mapping 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: Willowcroft Property Address: Chestnut Lane Parcel Identification Number (PIN): 07141001G Select one: I am the current property owner Name: Mark Sergent Company: Meritage Homes of the Carolinas, LLC Charlotte Mailing Address: 11605 N. Community House Rd., Suite 250, Charlotte, NC 28277 Telephone Number: 704.944.8900 Electronic Mail Address: mark.sergent@meritagehomes.com Makk T- Sel-ged 10/23111 � Property Owner / Interested Buyer* / Other* Date * The Interested Buyer /Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization to cases where the property is not owned by the signatory I "I" 'ON III 1111111 11111 - 0 111 "1 v I I" 1 .0 10111" 11111111411, '1111110 0,0110 milli 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 (704) 904 -2277 (828) 708 -7059 len rindner @wetlands -epg corn 2 amanda lones@wetlands- epg.com G rA Q •'1 • • qL `. LOCATION Lat: 35.0651 2N Long: 80.7201 2W H UC: 03050103 FIGURE NO. 3 WILLOWCROFT UNION COUNTY, NC +f %47 4:7-- A `p . s SITE WEST FORK TWELVE MILE CREEK d f .r► 0 USGS QUAD Matthews, NC f, a Scale F 1:24,000 Willowcroft Union County, NC �i • 1� Drawn By: I Reviewed By: HAC I LSR DATE: USGS MAP — WATERS OF THE U.S. EXISTING CONDITIONS STUDY 10/15/2014 SUBJECT TO USACE/NCDENR VERIFICATION - ---, - I I - ' f 774 t Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner @wetlands- epg.com (704) 904 -2277 www.wetlands-epg.com SITE 4 L V) Q) it (0 LL V� C,re SITE ,Ilk IN. L P Ch(!--Ar)ut Ln AYFt Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner ct wetlands- epg.com (704) 904 -2277 vv w.wetlands- epg.corn 1J 1 Sro" '' h a yc , 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I D SAW- 2014 -00252 County Union U S G S Quad NC- Matthews NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent Reames holdings Limited Partnership Address 4201 Tottenham Road, Charlotte, North Carolina 28226 Telephone No 704 553 1108 Property description Size (acres) 20 acres Nearest Waterway West Fork Twelvemile Creek Coordinates 35 065227, -80 720125 Nearest Town Westly Chapel River Basin Lower Catawba NC, SC Hydrologic Unit Code 3050103 Location Description The site is a 20 acre parcel located approximately 500' west of the intersection of Chestnut Lane and Fairforest Dr within Union County, North Carolina Pin # 07141001G, near Westly Chapel Coordinate are 35 065227, - 80 720125 Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters and wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) Jurisdiction To be considered final, a jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) ) 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 furthei consideration by the Corps to reevaluate the JD B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act 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 X There are waters and wetlands on the above described 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 strongly suggest you have the waters and wetlands on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner Fora more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps X The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps 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 and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 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 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 Action Id SAW- 2014 -00252 Placement of dredged or fill material within waters of the US and/ot wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828- 271 -7980 C. Basis For Determination The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual Eastern Mountain and Piedmont Region These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks The stream channel on the property is an unnamed tributary to West Fork Twelvemile Creek which flows into the Lower Catawba North Carolina, South Carolina River The Catawba River is located in the Santee watershed and eventually drams to the Atlantic Ocean Specifically, the Catawba River,joins the Santee - Cooper River in South Carolina before entering the Atlantic Ocean D. Remarks: Stream Channel 331 linear feet (0.02 ac), Wetlands 0.53 acres 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 delmeation/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) Attached to this verification is an approved. jurisdictional determination If you are not in agreement with that approved ,jurisdictional determination, you can make an administrative appeal under 33 CFR 331 Enclosed you will find a 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 Atm Jason Steele, Review Officer 60 Forsyth Street SW, Room l OM 15 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 3315, 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 within 60 days of the issue date below * *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 William Elliott Issue Date 28 March, 2014 Expiration Date 27 March 2019 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 our website at http / /per2 nwp usace army mil /survey html to complete the survey online 2 �.pCF? George Buchholz, REM, PWS 2905 Medidian Parkway, Durham, North Carolina, 27713, Drew Rouzer, Director of Land Acquisition, Meritage Homes, 11605 North Community Road, Suite 250, Charlotte, NC 28277 x �� ;� *^�C��� � � , � �'.�� � � � �I��A''I � � APP f � � �I'I � iiµ �� : s ��5 � � � r � t'" �` _ PE Applicant. Reames holdings Limited Partnership File Number. SAW-2014- 1 Date: 28 March, 2014 00252 See Section below Attached is- INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E inistralve ap pehf, f4h8 allovek ffil Ml"""""n- D r e 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 entriety, 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 reconsidei ation, as indicated in Section B below B. PROFFERED PERMIT- You may accept or appeal the permit ACCEPT If you received a Standai d 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 signatut e 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 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 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 11 of this form and sending the form to the division engineer This form must be received 2�1 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. �SECTI(?N��I w ;RE`s C7' EST` F® R�APPEA� 'ors.0$JE;CTIONS�TQ��N' INITIAL:; FR, C}. �l~` E}ZEI�'�FERN,[I'I'��,:����°��` 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 iecord. However, you may provide additional information to clarify the location of information that is already in the administrative record CONT' FORwQIUESTIONS 'OR'INF'QQi211�11TI(?N:' =PINT OF ACT. t t ,f1 3S1 S N\ t \ � �l `S � t"y' \ If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact also contact William Elliott, Project Managei Mr Jason Steele, Administrative Appeal Review Officer USACE, Asheville Regulatory Field Office CESAD -PDO 151 Patton Ave U S Army Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room 10M15 Asheville, NC 28806 Atlanta, Georgia 30303 -8801 828 - 271 -7980 Phone (404) 562 -5137 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: William Elliott, 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 10M15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 g ��1 NPOnc_«r � / �£ o� / ix po 'aV ` --L_r, m'�— �'�, r oo �7Zi4_s -4`�� ;' w �8�0 / \ - -or►� n c� "� 0gry° V $g m 1 mn� i A a \ S mn z o�oo yN s�� \\ \ �m3 Z O \ I LN c A d o�\�\p�0 o C� '�f\ ° ° upi NZ <y �� o ^ \0 v r 1 \ Z m0 01 Lim Ln {� p VriNA \ xJ D>0 y2y z � 10 O m \ \ 00Z Z D_x zm; Z - ��\ O N N e 2 O' (A ox Oen<m Avr \ Z,\ s 2,Z N x y m o� > zo iC 7 I A y D / 2 rl \ Ortrl I Z WD to N0 Zrnn ?vzZ m I 0pA NOA1 D +O N0 D < y \ ppZ O A L J < \ m S . 0 0 D vOD ZAD ° O m Omm M T Z 010 JOr =Vi V 0�0 002 A_ 2 N Ot 0 O $ °n AA - - - O �l AL SIC (YAO 43) - A °"p1tCT "O A1RH -13040 CHESTNUT AM 7HE JOHN R MCADS � COMPANY wC neAnAYr MRH13040 -W1 1� =200 own 02 -17 -14 CHI ESTNUr LANE V'AU�GS, UNION COUNTY, NORTH CAROLINA VATTAND DFAJNMTION MAP E, ���.. ntm�c..e�. rats �-°e �a emoe lMcADAms ,eeei rsuue eaa.,,c"... 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I" = 40' ROAD - IMPACT AREA "$" 111. �,, >>3 mm DA7E 1 -12 -2015 TOWN OF STAId.EEriC�S, NORM CAROLINA MCADAMS oao 7SS4M -e L PROJECT NO MRH -13040 L= WILLOWCROFT '� JOHN MADAMS FILENAME MRH- 13040 -WET SCALE I' = 20� DATE � -12 -2015 CULVERT CROSSING TOWN OF STALLINGS, NORM CAROLINA rIiCADAMS �� n INC. 11901 Carmel Cammmta SNd. �"h 11' pheil License North CaroUna 0-029 28218 u� rro ama9 ��1-- 8848•MaWemeComm I s I g N O O� o 11111111111 1999: :199 0 L PROJECT NO MRH -13040 L= WILLOWCROFT '� JOHN MADAMS FILENAME MRH- 13040 -WET SCALE I' = 20� DATE � -12 -2015 CULVERT CROSSING TOWN OF STALLINGS, NORM CAROLINA rIiCADAMS �� n INC. 11901 Carmel Cammmta SNd. �"h 11' pheil License North CaroUna 0-029 28218 u� rro ama9 ��1-- 8848•MaWemeComm