20201348 Ver 2_ePCN Application_20230105

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:
11/1/2022
BIMS # Assigned* Version#*
20201348 2
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office - [phone] Andrew Pitner:eads\ahpitner:[e-mail]
Information for Initial Review
la. Name of project:
Villages at Coddle Creek - Phase 3
la. Who is the Primary Contact?*
Aliisa Harjuniemi
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/5/2023
Nearest Body of Water
Rocky River
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude: Longitude:
35.568577 -80.78582
A. Processing Information
County (or Counties) where the project is located:
Iredell
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential 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
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Nest Communities
2b. Deed book and page no.:
2c. Contact Person:
David Hughes
2d. Address
Street Address
236 Raceway Dr. #7
Address Line 2
City
Mooresville
Postal /Zip Code
28117
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Aliisa Harjuniemi
4b. Business Name:
Carolina Wetland Services, Inc.
4c. Address
Street Address
550 E. Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Mooresville
2. Project Identification
2a. Property Identification Number:
4666864769.000, 4666855956.000,
4676051327.000, 4666745853.000 (partial),
4666996031.000 (partial), and
4676071115.000 (partial)
2c. Project Address
Street Address
P & C Path Lane
Address Line 2
City
Mooresville
Postal / Zip Code
28115
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Rocky River
3b. Water Resources Classification of nearest receiving water: *
Class C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050102
4. Project Description and History
2b. Property size:
159 acres (Phase 3: 78 acres)
State / Province / Region
NC
Country
USA

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 project area consists of undeveloped forested, agricultural fields, single-family homes with maintained lawns and farm buildings, and a powerline right-of-way. On -site elevations range
from 750-900 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, evergreen forest, mixed forest, herbaceous areas, and woody wetlands
(Figure 3). The surrounding land use consists of undeveloped forested areas, agricultural fields and single-family homes.
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Iredell County (Figure 4) and the NRCS Published
Soil Survey for Iredell County (Figure 5), on -site soils consist of 14 soil types. Of these soils, Chewacla loam and Warne loam are listed on the web soil survey as containing hydric
inclusions.
A review of the NWI GIS layer depicts a freshwater forested/shrub wetland and freshwater pond within the project limits (Figure 6).
There are 14 jurisdictional waters of the U.S. located within the property. These waters consist of three jurisdictional wetlands (Wetlands AA -CC), ten jurisdictional stream channels
(Streams A-J), and one jurisdictional pond (Pond A). The on -site jurisdictional features are depicted in Figure 7.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
General Permit Verification (SAW-2019-02103), dated March 19, 2021. Attachment C.
401 Water Quality Certification - DWR# 20-1348, dated January 12, 2021. Attachment G
4f. List the total estimated acreage of all existing wetlands on the property:
0.51 ac.
4g. List the total estimated linear feet of all existing streams on the property:
9,009 If perennial and 991 If intermittent
4h. Explain the purpose of the proposed project: *
The purpose of this project is to develop the property into a single-family subdivision. The project will provide residential housing for Mooresville, North Carolina to meet the growing
demand for housing due to rapid population growth in the Mooresville area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under Nationwide Permit (NWP) No. 29, proposed impacts associated with this Phase 3 of the project are due to one road crossing (S1-S3). The proposed impacts and construction plan
details are included in the Attachment D. The proposed impacts are described in detail below.
Stream Impacts (S1-S3)
To construct the proposed road crossing across Stream C, a culvert will be installed, resulting in 120 If of permanent impact, and permanent loss of waters (S1). A 10 If rip rap apron will
be placed at the downstream portion of the culvert to provide stabilization (S2). A dewatering system will be used to ensure all work is completed in the dry, and will result in 20 If of
temporary impacts (S3). This impact is needed to cross Stream C, as it bisects the northeastern portion of the property.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2019-02103
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
CWS
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD (SAW-2019-02103), dated November 20, 2019. Attachment C.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Phases 1 and 2 have been permitted in the past and are currently being constructed (SAW-2019-02103). This permit application includes the proposed impacts within Phase 3. 404
approval is included in Attachment C. 401 WQC is included as Attachment G.
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 Streams -tributaries
Open Waters Pond Construction
3. Stream Impacts
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Road Crossing
Permanent
Culvert
Stream C
Perennial
Corps
3
Average (feet)
120
(linear feet)
S2
Stabilization
Permanent
Rip Rap Fill
Stream C
Perennial
Corps
3
Average (feet)
10
(linear feet)
S3
Dewatering
Temporary
Dewatering
Stream C
Perennial
Corps
3
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
130
3i. Total stream and ditch impacts:
150
3j. Comments:
Proposed additional loss of waters total 120 If.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
To avoid and minimize impacts to jurisdictional waters of the U.S., property was delineated prior to finalizing the site plan and the proposed site plan was
designed around the delineation results. The proposed additional permanent impacts have been limited to one road crossing required to provide ingress
and egress for the proposed development.
The proposed culvert will be buried one feet below the existing grade. Head wall and retaining wall were utilized to minimize the proposed impact
(Attachment D). Rip rap will be keyed at the existing grade
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the
jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will
comply with all conditions of Nationwide Permit No. 29 and Water Quality Certificate No. 4256. All work will be constructed in the dry and all temporary
fill will be removed following the work.
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 proposed stream impacts are below the 0.02 acre treshold.
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:
This project is not adjacent to protected riparian buffers.
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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Mooresville
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The project will not result in cumulative impacts in the foreseeable future.
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.
The project will tie into the existing sewer system along Rocky River just to the east of the project limits via jack and bore methods
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Protected Species Assessment (Phase 3) is included as Attachment E.
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? *
https://www.fisheries. noaa.gov/resource/map/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?*
SHPO Map is included as Attachment F.
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:
The project will not result in above ground fill.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Firm No. 3710466600J
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
Coddle Creek Phase 3 - Cover Page and Attachments.pdf 8.36MB
Pre-file11.1.22.pdf 58.86KB
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:
Aliisa Harjuniemi
Signature
CL6ld 9{re..etir.'
Date
1/5/2023

Gmail
Aliisa Harjuniemi <[e-mail]>
401 WQC Pre -File - Coddle Creek Phase 3
Aliisa Harjuniemi <[e-mail]> Tue, Nov 1, 2022 at 1:55 PM
To: [e-mail]
Dear Sir/Madam,
Per the current regulations, we are filing a Pre -filing meeting request for the above -referenced project, located in Mooresville, Iredell
County, NC.
On behalf of Nest Communities, CWS will be submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the
U.S. Army Corps of Engineers and North Carolina Department of Environmental Quality for the proposed impacts to the jurisdictional
waters of the U.S.
The new proposed impacts consist of road crossing for residential development. The impacts are cumulative with the
previous phases.
The draft site plan and permit approval for phases 1-2 are attached.
Please let me know if you need any additional information regarding this project.
Sincerely,
Aliisa
Aliisa Harjuniemi, PWS
Project Manager
Carolina Wetland Services, Inc.
550 E. Westinghouse Boulevard
Charlotte, NC 28273
Direct: 980-259-1222
Office: 704-527-1177
www.cws-inc.net
3 attachments
—1 Villages at Coddle Phase 3 - Stream Crossing Exhibit_Prelim_2022-10-11.pdf
1469K
—1 NWP 29 SAW 2019 02103v2.pdf
305K
20-1348_Coddle_Creek.docx.pdf
938K

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
Date: December 7, 2022
To: Krystynka Stygar
U.S. Army Corps of Engineers
Alan Johnson
NCDEQ - Division of Water Resources
Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Villages at Coddle Creek - Phase 3
Mooresville, North Carolina
CWS Project No. 2022-0137
Dear Ms. Stygar and Mr. Johnson,
The Villages at Coddle Creek project is approximately 159 acres in extent and is located southeast of the
Iredell Avenue and North Main Street intersection in Mooresville, North Carolina (Figures 1 and 2,
Attachment A). Nest Communities has contracted Carolina Wetland Services, Inc. (CWS) to provide Section
404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment
B). Phases 1 and 2 have been permitted in the past and are currently being constructed
(SAW-2019-02103). This permit application includes the proposed impacts within Phase 3.
On behalf of Nest Communities, CWS is submitting a Pre -Construction Notification pursuant to Nationwide
Permit No. 29 to the U.S. Army Corps of Engineers and Water Quality Certification No. 4256 to the North
Carolina Division of Environmental Quality (NCDEQ) for proposed impacts to jurisdictional waters of the U.S.
associated with the development of a residential subdivision.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-8
Attachment B - Agent Authorization Form
Attachment C - General Permit Verification and Preliminary Jurisdictional Determination (SAW-2019-02103)
Attachment D - Proposed Impacts - Phase 3
Attachment E - Protected Species Assessment (Phase 3)
Attachment F - SHPO Map
Attachment G - 401 Water Quality Certification - DWR# 20-1348
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this request.
Sincerely,
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager

Villages at Coddle Creek - Phase 3 December 7, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT A:
Figures 1-8

4-7
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6
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4ir
F IredelI
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2018.
e
5,000 2,500
0
5,000 Feet
SCALE: DATE:
1 inch = 5,000 feet
8/22/2019
CVVS PROJECT NO:
2019-0309
DRAWN BY:
ITD
COORDINATES:
35.568577, -80.78582
CHECKED BY:
CAG
CAROLINA
WETLAND SERVICES
Vicinity Map
Hwy 3
Iredell County
Mooresville, North Carolina
FIGURE NO.
1
of
7
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0309 Hwy 3\JD\ArcGIS\Figurel_Vicinity.mxd

SCALE: DATE:
1 inch = 2,000 feet
CWS PROJECT NO
2019-0309
COORDINATES:
35.568577, -80.78582
9/13/2019
DRAWN BY:
ITD
CHECKED BY:
CAG
CAROLINA
WETLAND SERVICES
USGS Topographic Map
Hwy 3
Iredell County
Mooresville, North Carolina
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0309 Hwy 3\JD\ArcGIS\Figure2_USGS.mxd
FIGURE NO.
2
of
7

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REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2019.
BACKGROUND GIS LAYER(S) PROVIDED BY IREDELL COUNTY GIS DEPARTMENT, DATED 2019.
.ice ,11111
SHERWppD
PINES
Legend
Project Limits (159 ac.)
Roads
Tax Parcels
1,000
500
0
1,000 Feet
SCALE:
1 inch = 900 feet
DATE:
9/13/2019
CWS PROJECT NO
2019-0309
DRAWN BY:
ITD
COORDINATES:
35.568577, -80.78582
CHECKED BY:
CAG
CAR❑ LI NA
WETLAN ❑ SERVICES
Aerial Map
Hwy 3
Iredell County
Mooresville, North Carolina
FIGURE NO.
3
of
7
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0309 Hwy 3\JD\ArcGIS\Figure3_Aerial.mxd

CENTER AV
EDGEMOOR DRIVE
o w
-
o
w o
z 0
O 0
co
-
w
o
W w
LL
CgC
ST MARKS DRIVE
HAMPTON
CeB2
CeC2
CgC
CgE
ChA
MaE4
PaE
CeC2
F
PbD2
CROMWELL DRIVE
0 �� NCLIF�R VE
�(V DAIRFY FARM ROAD�
CgE p .--;gC
Ir
r
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HARRIS FAR
w
r
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PcD2
Soil Unit Name and Description
Cecil sandy clay loam, 2 to 6 percent slopes, moderately eroded
Cecil sandy clay loam, 6 to 10 percent slopes, moderately eroded
Cecil -Urban land complex, 2 to 10 percent slopes
Cecil -Urban land complex, 10 to 25 percent slopes
Chewacla loam, 0 to 2 percent slopes, frequently flooded
Madison-Udorthents complex, 15 to 25 percent slopes, gullied
Pacolet sandy loam, 15 to 25 percent slopes
Pacolet sandy clay loam, 2 to 6 percent slopes, moderately eroded
Pacolet sandy clay loam, 6 to 10 percent slopes, moderately eroded
Pacolet sandy clay loam, 10 to 15 percent slopes, moderately eroded
Pacolet sandy clay loam, 15 to 25 percent slopes, moderately eroded
Rion sandy loam, 15 to 45 percent slopes
Water
Wame loam, 0 to 2 percent slopes, occasionally flooded
(Y/N)
No
No
No
No
Yes
No
No
No
No
No
No
No
No
otal Coverage
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF IREDELL COUNTY, NC, DATED 2017.
E2
PcD2
A
C2
ROAD.\ ' 2G PcB2
aE
PcC2
CeB2
Coverage(%)
6.9
9.3
0.7
0.3
5.1
0.7
10.7
12.5
22.5
7.6
1.5
19.6
0.2
100.0
CeB2
CeC2
PcD2
1,000
ApB
CgC
.E
CeC2
CeB2
PcC2
cE2
Legend
Project Limits (159 ac.)
Roads
500
0
1,000 Feet
SCALE:
1 inch = 1,000 feet
CWS PROJECT NO:
2019-0309
COORDINATES:
35.568577, -80.78582
DATE:
9/13/2019
DRAWN BY:
JKM
CHECKED BY:
CAG
CAROLINA
WETLAND SERVICES
USDA-NRCS Web Soil Survey
of Iredell County
Hwy 3
Iredell County
Mooresville, North Carolina
FIGURE NO.
4
of
7
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0309 Hwy 3\JD'ArcGIS\Figure4_CurrentSoil.mxd

c!s
446
AP-
-
NMain St4k
0
Coddle Creek Hwy
(r9
ne
Soil Unit Name and Description
Hydric
CeB2
Cecil sandy clay loam, 2 to 6 percent slopes, moderately eroded
No
CeC2
Cecil sandy clay loam, 6 to 10 percent slopes, moderately eroded
No
CgC
Cecil -Urban land complex, 2 to 10 percent slopes
No
CgE
Cecil -Urban land complex, 10 to 25 percent slopes
No
ChA
Chewacla loam, 0 to 2 percent slopes, frequently flooded
Yes
MaE4
Madison-Udorthents complex, 15 to 25 percent slopes, gullied
No
PaE
Pacolet sandy loam, 15 to 25 percent slopes
No
PcB2
Pacolet sandy clay loam, 2 to 6 percent slopes, moderately eroded
No
PcC2
Pacolet sandy clay loam, 6 to 10 percent slopes, moderately eroded
No
PcD2
Pacolet sandy clay loam, 10 to 15 percent slopes, moderately eroded
No
PcE2
Pacolet sandy clay loam, 15 to 25 percent slopes, moderately eroded
No
RiF
Rion sandy loam, 15 to 45 percent slopes
No
W
Water
No
WaA
Warne loam, 0 to 2 percent slopes, occasionally flooded
Yes
WISE
TJ1
A0 iiltbv*
'Mk* iiroi•g4
1- j
Legend
Project Limits (159 ac.)
r .ate►
REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF IREDELL COUNTY, NC, SHEETS 47 AND 52, DATED 2011.
2,000 1,000
0
2,000 Feet
w
SCALE: DATE:
1 inch = 2,000 feet
8/22/2019
CVVS PROJECT NO:
2019-0309
DRAWN BY:
ITD
COORDINATES:
35.568577, -80.78582
CHECKED BY:
CAG
k\(
CAROLINA
WETLAND SERVICE5
USDA-NRCS Published Soil Survey FIGURE NO.
of Iredell County
Hwy 3
Iredell County
Mooresville, North Carolina
5
of
7
G:\Shared drives\Consulting Team Drive \2019\2019 Consulting Projects\2019-0309 Hwy 3\JD\ArcGIS\Figure3_HistoricSoil.mxd

CARPENTER AVENUE
COLONY DRIVE
w :::
cr
FERCROMWELL DRI1iE
w
Q FF pRIVE
o HARRIS FARM ROAD
ZO W
O I
tY
Z 0 HEDGEWOOD
0 RIVE
w KAME��
-J
—J FRANKLIN DRIVE
HEATHER D
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROVIDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2018. BACKGROUND LAYER(S) PROVIDED
BY IREDELL COUNTY GIS DEPARTMENT, DATED 2018.
...]
Legend
Project Limits (159 ac.)
Roads
National Wetland Inventory
BOW LANE
a CSC1-
VER BIRC1
SCALE
1 inch = 2,000 feet
CWS PROJECT NO:
2019-0309
COORDINATES:
35.568577, -80.78582
\ ur
DATE
9/13/2019
DRAWN BY:
JKM
CHECKED BY:
CAG
ROCKY RIVE
E
CAROLINA
WETLAND SERVICES
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Riverine
2,000 1,000 0 2,000 Feet
National Wetlands Inventory
Hwy 3
Iredell County
Mooresville, North Carolina
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0309 Hwy 3\JD\ArcGIS\Figure6_NWl.mxd
FIGURE NO.
6
of
7

Perennial
Stream B
135 If
Wetland AA
0.27 acre
HEDGEWOO
RANKL
Stream I
Intermittent: 470 If
Perennial: 190 If
Intermittent
Stream J
16 If
Perennial
Stream D
673 If
M • ` Wetland CC
0.17 acre
Perennial Stream A
1,064 1f
SCP11�
SCP9
A/N1 SCP6
REFERENCE. BACKGROUND GIS LAYER(S) PROVIDED BY IREDELL
COUNTY GIS DEPARTMENT, DATED 2018.
NOTE. JURISDICTIONAL WATERS OF THE U S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC , ON AUGUST 28, 29, 30, AND SEPTEMBER 3, 2019.
JURISDICTIONAL FEATURES WERE FIELD VEREFIED BY THE USACE ON
NOVEMBER 20, 2019.
J
Intermittent
Stream F
433 If
Stream H
Intermittent: 72 If
Perennial: 240 If
SCP7
SCALE: DATE:
1 inch = 400 feet 11/20/2019
CWS PROJECT NO: DRAWN BY:
2019-0309
JKM
COORDINATES:
35.568577, -80.785820
CHECKED BY:
CAG
Perennial
Stream C
582 If
CART❑ LI NA
WETLAND SERVICES
Perennial
Stream E
(Rocky River)
3,024 If
Wetland BB
0.07 acre
500 250
Legend
Project Limits (159 ac.)
Freshwater Pond
- Perennial Streams
Intermittent Streams
Wetlands -
Pipe
- Roads 1
Tax Parcels
SDP Data Point
• SCP Stream Classification Point
Indicates Flow
H Photo Location and Direction
Jurisdictional Boundaries
HWY3
Iredell County
Mooresville. North Carolina
500 Feet
FIGURE NO.
7
of
7
G.\Shared drives\C nsultng Team Drive\2019\2019 Consulting Projects \2019-0 09 Hwy 3\JD\Updates Per USACE Site Visit\Fig re7_JD mxd

Villages at Coddle Creek - Phase 3 December 7, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT B:
Agent Authorization Form

DocuSign Envelope ID: C9A4CE3A-F14C-433B-A8C4-816AD8B9D4C8
U.S. Army Corps of Engineers — Wilmington District - Regulatory Division
AGENT AUTHORIZATION
I. PROJECT/SITE INFORMATION
Site Name: Villages at Coddle Creek Phase 3
Property Identification Number(s): 4666864769.000. 4666855956.000. 4676051327.000. 4666745853.000 (partial
II. REQUESTOR AUTHORIZATION
I, the undersigned, David Hughes ,hereby authorize Aliisa Hariuniemi , to act on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shall have the same effect as acts of my own.
DocuSigned by:
LtUikijek
D017C688164D44D8...
Signature Date
12/27/2022
Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area
subject to federal jurisdiction under the regulatory authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made
available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved
jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor
can a jurisdictional determination be issued.
January 2020

Villages at Coddle Creek - Phase 3 December 7, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT C:
General Permit Verification and Preliminary Jurisdictional
Determination (SAW-2019-02103)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02103 County: Iredell U.S.G.S. Quad: NC -Mooresville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
Nest Communities
David Hughes
236 Raceway Dr. # 7
Mooresville, NC 28117
[phone]
dhughesnnestho mes.co m
159 Nearest Town Mooresville
Rocky River RiverBasin Upper Pee Dee
03040105 Coordinates Latitude:35.568577
Longitude: -80.78582
Location description: The review area is located 100 feet South Burtons Barn Road and Harris Farm Road in Iredell County,
North Carolina. PIN(s): 4666864769, 4666855956, 467051327, 4666745853, 4666996031 & 467607115.
Description of projects area and activity: This verification authorizes:
j) The permanent impact of 112 Linear Feet to Stream S1 for a culvert emplacement for a road crossing
The permanent impact of 10 Linear Feet to Stream S1 for bank stabilization for a Rip -Rap Apron
2) The temporary impact of20 Linear Feet to Stream S3 for dewatering
4) The permanent impact of 0.02 Acres of Wetland AA for Fillfor a road -crossing
The permanent impact of 0.16 Acres to Pond A for fill for a road -crossing
All stream and disturbed areas will be restored to pre -construction conditions following the completion of the permitted
activity.
Applicable Law(s): IN Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your wo rk is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 11/11/2020, and the enclosed plans Coddle Creek Overall Site Plan dated
10/22/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrativepenalty, and/or appropriate legal action.
This verification will remain valid untilthe expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, suchthatthe activity woukl
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subjectto regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.

If there are any questions regarding this verification, any ofthe conditions ofthe Permit, or the Corps of Engineers regulatory program,
please contact Krystynka B Stygar at 252-545-0507or kryst) ka.b.stygar(ai)usace.army.mil.
Corps Regulatory Official:
Expiration Date of Verification: 03/18/2022
el Date: 3/19/2021

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: Carolina Wetland Services, Inc.
MeganBollero
Address: 550 E. Westinghouse Blvd
Charlotte, NC 28273
Telephone Number: [phone]
E-mail: megan(a�cws-inc.net
Property Owner: Coddle Exchange Holdings LLC
David Hughes
Address: P.O. Box 3965
Mooresville, NC 28117
Telephone Number: (704) 787- 5622
E-mail: dhughes(u)nestho mes.com

SAW-2019-02103
SPECIAL CONDITIONS
Click here to enter text.
SPECIAL CONDITION:
Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined
with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory
mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of
the U.S., are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Action ID Number: SAW-2019-02103 County: Iredell
Permittee: Nest Communities, David Hughes
Project Name: Nest Communities / HWY 3
Date Verification Issued: 3/19/2021
Project Manager: Krystynka B Stygar
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
Location description:
PIN(s): 4666864769,
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02103 County: Iredell U.S.G.S. Quad: NC- Mooresville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Nest Communities
Dave Hughes
236 Raceway Dr. #7
Mooresville, NC 28117
704-787-5622
dhughesAnesthomes.com
159 Nearest Town Mooresville
Rocky River River Basin Upper Pee Dee
03040105 Coordinates Latitude: 35.568577
Longitude: -80.785820
The review area is located 100 feet South Burtons Barn Road and Harris Farm Road in Iredell County.
4666855956, 467051327, 4666745853, 4666996031, & 4676071115.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/20/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2019-02103
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or
Catherine.M.JaniczakAusace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 11/20/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: N.
Date of JD: 11/20/2019 Expiration Date of JD: Not applicable

SAW-2019-02103
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: CWS, Inc
Aliisa Harjuniemi
Address: 550 E. Westinghouse Blvd.
Charlotte, NC 28273
Telephone Number: 980-259-1222
E-mail: aliisaAcws-inc.net

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Nest Communities, Dave Hushes File Number: SAW-2019-02103 Date: 11/20/2019
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
or
I - The following identifies your rights and options regarding an administrative appeal of the above decision.
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
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 fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved 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 appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 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 appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Catherine M. Janiczak
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 appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
consultants, to conduct investigations of the project site during the course of the appeal process.
notice of any site investigation, and will have the opportunity to participate in all site investi
and any government
You will be provided a 15 day
ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/20/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Nest Communities, Dave Hughes, 236 Raceway Dr.
#7,Mooresville, NC 28117
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Nest Communities PJD, SAW-
2019-02103
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 100 feet South
Burtons Barn Road and Harris Farm Road in Iredell County. PIN(s): 4666864769, 4666855956, 467051327,
4666745853, 4666996031, & 4676071115.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Iredell City: Mooresville
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.568577 Longitude: -80.785820
Universal Transverse Mercator:
Name of nearest waterbody: Rocky River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 11/20/2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
reviewresources
area (acreage
and linear feet, if
applicable
Type of aquatic
(i.e.,
wetland vs. non -
wetland waters)
Geographic authority to
which the aquatic resource
"may be" subject (i.e.,
Section 404 or Section
10/404)
Wetland
AA
35.569242
-80.788918
0.27 acres
Wetland
Sec. 404
Wetland
BB
35.574775
-80.785111
0.07 acres
Wetland
Sec. 404
Wetland
CC
35.574316
-80.785789
0.17 acres
Wetland
Sec. 404
Stream A
35.569494
-80.788891
1064 linear feet
Non -wetland
Sec. 404
Stream B
35.569416
-80.7890000
135 linear feet
Non -wetland
Sec. 404
Stream C
35.571825
-80.784950
582 linear feet
Non -wetland
Sec. 404
Stream D
35.57614
-80.786961
673 linear feet
Non -wetland
Sec. 404
Stream E
35.575302
-80.785306
3101 linear feet
Non -wetland
Sec. 404

Site Number
Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non -
wetland waters)
Geographic authority to
which the aquatic resource
"may be" subject (i.e.,
Section 404 or Section
10/404)
Stream F
35.574244
-80.786279
433 linear feet
Non -wetland
Sec. 404
Stream G
35.566254
-80.789517
3101 linear feet
Non -wetland
Sec. 404
Stream H
35.567787
-80.788306
312 linear feet
Non -wetland
Sec. 404
Stream!
35.567386
-80.790217
660 linear feet
Non -wetland
Sec. 404
Stream J
35.566342
-80.789418
16 linear feet
Non -wetland
Sec. 404
Pond A
35.568393
-80.788463
0.59 acres
Non -wetland
Sec. 404
1.) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2.) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction notification"
(PCN), or requests verification for a non -reporting NWP or other general permit, and the permit
applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that:
(1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not
make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an individual permit
rather than accepting the terms and conditions of the NWP or other general permit authorization; (4)
the applicant can accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to
be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all
aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as
practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained
therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part
331. If, during an administrative appeal, it becomes appropriate to make an official determination
whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an
AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters
of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and

identifies all aquatic features in the review area that could be affected by the proposed activity,
based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 7 (Dated 11/20/2019)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 7.5 Minute Topographic, Mooresville, NC, 2016
® Natural Resources Conservation Service Soil Survey. Citation: Iredell County, Sheets 47 and 52, 2011.
® National wetlands inventory map(s). Cite name: USFWS, 2019
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 3 (Dated 09/13/2019)
or ®Other (Name & Date): Photopages (Dated 09/19/2019)
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Signature and date of gulato
staff member completmg PJD
11/20/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timef awes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Perennial
Stream D
886 . F 673 If
Perennial
Stream B
135 If
Wetland AA
0.27 acre
Pond A
0.59 acre
Stream I
Intermittent: 470 If
Perennial: 190 If
Intermittent
Stream J
116If
M ' Wetland CC
0.17 acre
Perennial Stream A
1,064 If
SCP9
J".i SCP6
REFERENCE: BACKGROUND GIS LAVER(S) PROVIDED BYIREDELL
COUNTY GIS DEPARTMENT, DATED 201B.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING ASUB-FOOT CAPABLE GPS
UNIT BY CWS, INC., ON AUGUST 28, 29, 30, AND SEPTEMBER 3, 2019.
JURISDICTIONAL FEATURES WERE FIELD VEREFIED BY THE USAGE ON
NOVEMBER 20, 2019.
S DP3
IlL
5 •�
Intermittent
Stream F
433 If �1
9RD
Perennial
Stream C
582 If
Stream H
Intermittent: I
Perennial: 240 If
Perennial
Stream G
3,101 If
SCALE: DATE:
1 inch = 400 feet 11 /20/2019
CWS PROJECT NO: DRAWN BY:
2019-0309
JKM
COORDINATES:
35.568577, -80.785820
CHECKED BY:
CAG
Perennial
Stream G
3,101 If
CARD LI NA
WETLAND SERVICES
Perennial
Stream E
(Rocky River)
3,024 If
Wetland BB
0.07 acre
SCP3
500 250
Legend
Q Project Limits (159 ac.)
Freshwater Pond
- Perennial Streams
- - - Intermittent Streams
Wetlands
r Pipe
- Roads
Tax Parcels
SDP Data Point
A SCP Stream Classification Point
Indicates Flow
N Photo Location and Direction
500 Feet
Jurisdictional Boundaries
HWY3
Iredell County
Mooresville, North Carolina
FIGURE NO.
7
of
7
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Villages at Coddle Creek - Phase 3 December 7, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT D:
Proposed Impacts - Phase 3

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Villages at Coddle Creek - Phase 3 December 7, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT E:
Protected Species Assessment (Phase 3)

ik‘
CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
November 10, 2022
David Hughes
Nest Communities
236 Raceway Dr #7
Mooresville, NC 28117
Subject:
Dear Mr. Hughes,
Protected Species Assessment Report
Coddle Creek Phase 3
Mooresville, North Carolina
CWS Project No. 2022-0137
Nest Communities has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected
species assessment for the Coddle Creek Phase 3 project. The Coddle Creek Phase 3 project
is approximately 73 acres in extent and is located southeast of the East Iredell Avenue and
North Main Street intersection in Mooresville, North Carolina (Figure 1, attached).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Iredell County'. In addition, CWS
performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data
Explorer2 and Information for Planning and Consultation (IPAC) database3 on November 8, 2022
to determine if any record occurrences of federally -listed, candidate endangered, threatened
species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS4 and
NCNHP5 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
1 United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 8, 2022. Endangered and Threatened
Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/iredell.html
2 North Carolina Natural Heritage Data Explorer. Accessed November 8, 2022. https://ncnhde.natureserve.org/
3 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac/
4 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. https://www.fws.gov/southeast/pdf/fact-sheet/north-caroling-optimal-survey-windows-for-at-risk-and-listed-plants.pdf
Accessed November 8, 2022.
5 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 6

Coddle Creek Phase 3 November 10, 2022
Protected Species Assessment Report CWS Project No. 2022-0137
Iredell County' and aerial imagery were also reviewed for potential habitat of listed species
within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Megan Bollero, WPIT7, Julia McGuire, Staff Scientist II, and lan Dunning, Staff
Scientist I, and June Blankenship, Natural Resource Technician, conducted a pedestrian habitat
assessment of the project area on August 28-30, September 3, 2019, and November 7, 2022.
Potential habitats for potentially occurring federally -protected species that were identified during
the desktop review were assessed in the field for the quality of physical and/or biological
features essential to the conservation of the applicable species. Additionally, during the
pedestrian habitat assessment, areas were reviewed for applicable federally protected species.
Identification references for natural communities include the National Land Cover Database
(2011)8.
An intensive targeted survey for Schweinitz's sunflower and dwarf -flowered heartleaf was
conducted on November 7, 2022.
Results
Based on the NCNHP data explorer review, there are no current occurrences of federally
protected species within a one -mile radius of the project limits (Attachment A). The USFWS
lists three federally protected species for Iredell County (Table 1). Additionally, bald eagle is
protected under Bald and Golden Eagle Protection Act, An official species list has not been
obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Coddle Creek Phase 3, Iredell County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
schweinitzii
Schweinitz's
sunflower
E
Current
Plant
Hexastylis
naniflora
Dwarf -flowered
Heartleaf
E
Current
Animal
Perimyotis
subfla vus
Tricolored bat
PE
Proposed
Animal
Haliaeetus
leucocephalus
Bald eagle
BGPA
Current
* E - Endangered, PE - Proposed Endangered, BGPA - Bald and Golden Eagle Protection Act
Four terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, mixed forest, herbaceous areas, and a gas
line right-of-way (Figure 3). Of the identified on -site community types, deciduous forest, mixed
forest, and evergreen forest are considered potential habitats for federally threatened or
endangered species that could potentially occur within the project limits. A brief description of
6 United States Department of Agriculture, 2021. Web Soil Survey of Iredell County, North Carolina. Accessed
November 8, 2022. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
Wetland Professional in Training, The Society of Wetland Scientists Professional Certification
8 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_leg.php
Page 2 of 6

Coddle Creek Phase 3 November 10, 2022
Protected Species Assessment Report CWS Project No. 2022-0137
each species habitat requirements and determination of effect findings are listed below by
species.
Schweinitz's sunflower (Helianthus schweinitzii)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.9 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A desktop review of the site was conducted on November 7, 2022, and determined that
the soil series that have known Schweinitz's sunflower populations are found in project
limits. There is a small portion of open herbaceous area on a gas line that is infrequently
maintained which is considered marginal habitat for Schweinitz's sunflower
(Photographs 1 and 2). However, the majority of the site is forested areas which do not
provide adequate sunlight to support Schweinitz's sunflower (Photograph 4).
Additionally, CWS visited a reference population on October 11, 2022. Based on the
reference population, the plant was approximately six feet tall and the plant parts were
readily identifiable (Photograph 5). No individuals of Schwenitz's sunflower were
observed during the targeted survey. Since no individuals of Schweinitz's sunflower
were observed within the project limits while above -ground plant parts were
identifiable, but suitable habitat is present, CWS concludes that the project may
affect, but is not likely to adversely affect Schwenitz's sunflower.
Dwarf -flowered heartleaf (Hexastylis naniflora)
Habitat Description:
Dwarf -flowered heartleaf is endemic to the western Piedmont and foothills of North and
South Carolina. This herbaceous evergreen is found in moist to dry forests along bluffs;
boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and
ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as
Pacolet, Madison, and Musella, among others. Occurrences are generally found on a
north -facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain
Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the
most viable occurrences. However, less viable remnant occurrences are found in
disturbed habitats, including logged, grazed, mown, and residential/commercial
9 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr1852.pdf.
Page 3 of 6

Coddle Creek Phase 3 November 10, 2022
Protected Species Assessment Report CWS Project No. 2022-0137
developed lands; areas converted to pasture, orchards, and tree plantations; roadside
right-of-ways; and on upland slopes surrounding man-made ponds or lakes.10
Biological Analysis:
The desktop review revealed that the site does contain the Pacolet soils associated with
the dwarf -flowered heartleaf. The streamside areas throughout the project limits are
potential habitat for the dwarf -flowered heartleaf. Individuals of Hexastylis species were
found within these streamside areas. These individuals were identified as little brown
jug (Hexastylis arifolia; Photograph 3). The central and western portion of the project
consists of flat land pine plantation and a dense understory which does not provide
suitable habitat for the dwarf -flowered heartleaf. Species commonly associated with the
dwarf -flowered heartleaf, such as mountain -laurel (Kalmia latifolia), were not observed
on -site. The areas of potential habitat are shown in Figure 3, but the majority of these
areas will be avoided during construction (see the attached site plan, Attachment C). An
intensive survey was conducted on January 21, 2021 and November 9, 2022 for the
areas that contain suitable habitat and will be disturbed during construction (Figure 3).
Since individuals of Hexastylis were observed within the areas where the potential
habitat and construction disturbances overlap, but all the individuals were
identified as little brown jug , CWS concludes that this project may affect, but is
not likely to adversely affect dwarf -flowered heartleaf.
Tricolored bat (Perimyotis subflavus)
On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposal in
the Federal Register to list the tricolored bat (Perimyotis subflavus) as endangered under the
Act.11 The Service has up to 12-months from the date the proposal published to make a final
determination, either to list the tricolored bat under the Act or to withdraw the proposal. The
Service determined the bat faces extinction primarily due to the range -wide impacts of
white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across North
America. Because tricolored bat populations have been greatly reduced due to WNS, surviving
bat populations are now more vulnerable to other stressors such as human disturbance and
habitat loss. Species proposed for listing are not afforded protection under the Act; however, as
soon as a listing becomes effective (typically 30 days after publication of the final rule in the
Federal Register), the prohibitions against jeopardizing its continued existence and "take" will
apply. Therefore, if a future or existing project may affect tricolored bats after the potential new
listing goes into effect, USFWS recommends analyzing possible effects of the project on
tricolored bats and their habitat to determine whether consultation under section 7 of the Act is
necessary. Conferencing procedures can be followed prior to listing to ensure the project does
not jeopardize the existence of a species or adversely modify critical habitat. Projects with an
existing section 7 biological opinion may require reinitiation of consultation to provide
uninterrupted authorization for covered activities.
10 North Carolina Department of Transportation NRTR Guidelines for Consultants. T&E Animal and Plant Habitat Descriptions.
https://connect.ncdot.gov/resources/environmental/pages/environmental-compliance-g uides.aspx
11 https://www.govinfo.gov/contentlpkg/FR-2022-09-14/pdf/2022-18852.pdf#page=13
Page 4 of 6

Coddle Creek Phase 3 November 10, 2022
Protected Species Assessment Report CWS Project No. 2022-0137
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,12 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle
includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs,
rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on November 7, 2022, using 2021 color aerials. There are
no bodies of water within a 1 mile radius that are potentially large enough or sufficiently open to
be considered a potential feeding source. Additionally, no bald eagles or bald eagle nests were
observed within the study area at the time of the site visit. Due to the lack of optimal habitat
within the project limits and lack of observations, CWS concludes that this project will have
no effect on this species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, no suitable habitat or nests were
observed within the project limits for bald eagle. CWS has concluded that activities within the
project area will not directly or indirectly jeopardize the continued existence of bald eagle.
Marginal habitats for Schweinitz's sunflower and dwarf -flowered heartleaf were observed within
the project limits. These areas were scrutinized during the optimal flowering window for
Schweinitz's sunflower and no Schweinitz's sunflowers or dwarf -flowered heartleaf were
observed. CWS concludes that the project may affect, but is not likely to adversely affect
Schwenitz's sunflower and dwarf -flowered heartleaf.
While section 7 of the Endangered Species Act review is not required now for the tricolored bat,
it would be required after a final effective date of listing if one occurs.
Biological determinations requirements for federally protected species are summarized in Table
2.
Table 2. Biological Determination Requirements Summary Table for Federally Protected Species
Scientific Name
Common Name
Federal Status*
Effect on Listed
Species
Helianthus schweinitzii
Schweinitz's sunflower
E
MANLAA**
Hexastylis naniflora
Dwarf -flowered Heartleaf
E
MANLAA**
Perimyotis subflavus
Tricolored bat
PE
TBD***
Haliaeetus leucocephalus
Bald eagle
BGPA
No Effect
*E - Endangered, PE - Proposed Endangered, BGPA - Bald and Golden Eagle Protection Act
** MANLAA - May affect, not likely to adversely affect
***Consultation with USFWS may be required if species is listed
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect.
12 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
Page 5 of 6

Coddle Creek Phase 3
Protected Species Assessment Report
November 10, 2022
CWS Project No. 2022-0137
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Bollero at 757-576-6433 or [e-mail] should you have any
questions or comments regarding this report.
Sincerely,
1r�Rbic.
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Iredell County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-5)
Page 6 of 6

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REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): MOORESVILLE, NC (2019).
SCALE
1 inch = 2,000 feet
CWS PROJECT NO:
2022-0137
COORDINATES:
35.568108, -80.783825
-ag {4:0-fin
DATE
11/8/2022
DRAWN BY:
CHECKED BY:
AVH
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WETLAND SERVICES
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USGS Topographic Map
Coddle Creek Phase 3
Iredell County
Mooresville, North Carolina
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0137 Coddle Creek Phase 3\PETS\ArcGIS\Figurel_USGS.mxd
FIGURE NO.

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0
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SCALE: DATE:
1 inch = 1,000 feet
11/8/2022
CWS PROJECT NO:
2022-0137
DRAWN BY:
ALH
COORDINATES:
35.568108, -80.783825
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
USDA-NRCS Web Soil Survey
of Iredell County
Coddle Creek Phase 3
Iredell County
Mooresville, North Carolina
FIGURE NO.
2
G:\Sha ed drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0137 Coddle Creek Phase 3\PETS\ArcGIS\Figure2_Current.mxd

REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2022.
BACKGROUND GIS LAYER(S) PROVIDED BY IREDELL COUNTY GIS DEPARTMENT, DATED 2022.
NOTE: HABITAT ASSESSMENT, DELINEATION, AND TARGETED SURVEY PERFORMED BY CWS,
INC. ON AUGUST 28, 29, 30, SEPTEMBER 3, 2019, JANUARY 21, 2021, AND NOVEMBER 7, 2022.
JURISDICTIONAL FEATURES WERE VERIFIED BY THE USACE ON NOVEMBER 20, 2019 (SAW-2019-02103).
I •�i
Legend
N
Project Limits (73 ac.)
Intensively Surveyed Area for Schweinitz's Sunflower
Intensively Surveyed Area for Dwarf -flowered Heartleaf
Potential Habitat for Dwarf -flowered Heartleaf
Perennial Stream
Roads
Tax Parcels
Photo Location and Direction
600
300
0
600 Feet
SCALE:
1 inch = 600 feet
DATE:
11/9/2022
CWS PROJECT NO:
2022-0137
DRAWN BY:
ALH
COORDINATES:
35.568108, -80.783825
CHECKED BY:
AVH
CAROLINA
WETLAND SERVICES
Aerial Map
Coddle Creek Phase 3
Iredell County
Mooresville, North Carolina
FIGURE NO.
3
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0137 Coddle Creek Phase 3\PETS \ArcGIS\Figure3_Aerial.mxd

Coddle Creek Phase 3 November 10, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT A:
NCNHP Data Review Report

Roy Cooper, Governor
o_ Reid Wilson, Secretary
W9■
riff NC DEPARTMENT OF
■ ■:..■i NATURAL AND CULTURAL RESOURCES
• ■1■
November 9, 2022
Amie Hoy
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Coddle Creek Phase 3; 2022-0137
Dear Amie Hoy:
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-19919
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
0 121 W. JONES STREET. RALEI H. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 919.707.91120 • FAX [phone]

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NCNHDE-19919: Coddle Creek Phase 3
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Coddle Creek Phase 3 November 10, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT B:
Photopage (Photographs 1-5)

Coddle Creek Phase 3
Attachment B: Photopage
November 10, 2022
CWS Project No. 2022-0137
Photograph 1. View of marginal habitat for Schweinitz's sunflower, facing southwest.
Photograph 2. View of marginal habitat for Schweinitz's sunflower, facing northeast.
Photopage 1 of 3

Coddle Creek Phase 3
Attachment B: Photopage
November 10, 2022
CWS Project No. 2022-0137
Photograph 3. View of little brown jugs (Hexastylis arifolia) within the marginal habitat for
dwarf -flowered heartleaf.
Photograph 4. View of unsuitable habitat for any terrestrial species, facing southeast.
Photopage 2 of 3

Coddle Creek Phase 3
Attachment B: Photopage
November 10, 2022
CWS Project No. 2022-0137
Photograph 5. Photo of Schweinitz's Sunflower Reference Population 10.11.2022
Photopage 3 of 3

Coddle Creek Phase 3 November 10, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT C:
Site plan

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Villages at Coddle Creek - Phase 3 December 7, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT F:
SHPO Map

NCHPO HPOWEB
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..: Local districts & boundaries
Local individual resources & centerpoints
▪ Local Landmark
▪ Local Landmark, Gone
* Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
Surveyed in NRHD
• Surveyed Only, Gone
• Surveyed in NRHD, Gone
• Blockface- Multiple properties
Btockface in NRHD
Surveyed Area, No designation
Surveyed Area in NHRD
DOE districts & boundaries
Determined Eligible Boundary
Both DOE and Study List Boundary
DOE individual resources & centerpoints
Determined Eligible
DOE, Gone
SL and DOE
SL and DOE, Gone
* DOEHD Center Point
* SLDOEHD Center Point
SL districts & boundaries
© Study List Boundary
Both SL and Determined Eligible Boundary
SL individual resources & centerpoints
• SL Individual Entry
• SL and DOE entry
• Study Let Entry, Gone
• SL and DOE, Gone
* SLHD Center Point
* SLDOEHD Center Point
NR districts & boundaries
National Register Boundary
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County of Iredell GIS, Iredell County, State of North Carolina DOT,
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North Carolina State Historic Preservation Office
County of Iredell GIS, Iredell County, State of North Carolina DOT, Est, HERE, Garmin, INCREMENT P, NGA, USGS I Esri, HERE 1

Villages at Coddle Creek - Phase 3 December 7, 2022
Attachments CWS Project No. 2022-0137
ATTACHMENT G:
401 Water Quality Certification - DWR# 20-1348

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 12, 2021
DWR# 20-1348
Iredell County
Mr. David Hughes
Nest Communities
236 Raceway Dr., #7
Mooresville, NC 28117
Delivered via email to [e-mail]
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Coddle Creek/Hwy 3 Development
Dear Mr. Hughes:
You have our approval for the impacts listed below for the purpose described in your application submitted to
the Division of Water Resources (Division) November 11, 2020, and payment received on December 10, 2020.
The Division has determined that the proposed project and impact will comply with water quality requirements
covered by the attached Water Quality General Certification Number 4139 and the conditions listed below,
provided that you adhere to the certification located at https://deq.nc.gov/about/divisions/water-
resources/water-quality-permitting/401-buffer-permitting-branch/general and the conditions listed below.
This certification is associated with the use of General Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non -Discharge, and Water Supply Watershed regulations.
The following proposed impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream (culvert)
20 linear ft.
122 linear ft.
Wetland (Forested)
0 acre
0.02 acre
Open Water
0 acre
0.16 acre
This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of this Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General Certification or
with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours
D_E
NUN fH (:Ai(1!INA
OepeNn.nl 0 EnnlrpnmenWi Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

(or the next business day if a weekend or holiday) from the time the permittee becomes aware of the
circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams
or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee became aware of the non-compliance circumstances.
Additional conditions:
1. Phase 3 proposes the use of a bottomless culvert, regardless, the entire project is subject to the
aforementioned water quality certification and the conditions therein. The bottomless culvert shall be
constructed to ensure the integrity of the stream channel is maintained (pattern, dimension, and profile)
following completion of the structure. If any additional impacts are proposed in the future written approval
is required. [15A NCAC 02H .0500]
Justification: A section of a development, phased or otherwise, does not allow its exclusion from a 401
Water Quality Certification if it is part of the complete/single project.
2. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
interior/exterior slopes of sediment basins. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. [15A
NCAC 02H .0506 (b)(1) and 15A NCAC 02H .502 (c)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards or would result in secondary or cumulative
impacts.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or
erosion of the stream banks. [15A NCAC 02B .0203]
Justification: In order to protect against impairment of water quality standards and best usage of receiving
and downstream waters, water quality based management practices must be employed to protect against
direct or indirect discharge of waste or other sources of water pollution.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional
information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.col or by calling the OAH Clerk's Office at [phone]
One (1) copy of the petition must also be served on DEQ as follows:

Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699.
Sincerely,
—DocuSigned by:
A4s014t4i1 H P;xs t.
`—F161 FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Krysta Stygar, Army Corps of Engineers, Charlotte, email
Greg Antemann, CWS, email
DWR 401 & Buffer Permitting Branch file, LaserFiche
MRO, Land Quality
for

CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date