20230216 Ver 1_ePCN Application_20230207

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:
1/3/2023
BIMS # Assigned* Version#*
20230216 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Oaks Commerce Utility Line
la. Who is the Primary Contact?*
Chris Urquhart
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/7/2023
Nearest Body of Water
South Fork Catawba River
Basin
Catawba
Water Classification
WS-V
Site Coordinates
Latitude:
35.267353
A. Processing Information
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-81.056749

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: 58 - Utility Line Activities for Water and Other Substances (frequently used)
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:
DMG Road Works LLC
2b. Deed book and page no.:
095/036
2c. Contact Person:
2d. Address
Street Address
14600 SW 136 Street
Address Line 2
City
Miami
Postal /Zip Code
33186
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
Florida
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Urquhart
3b. Business Name:
Crow Holdings
3c. Address
Street Address
4064 Colony Road Suite 405
Address Line 2
City
Charlotte
Postal / Zip Code
28211
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental Inc.
4c. Address
Street Address
338 S. Sharon Amity #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
Not a subdivision
lc. Nearest municipality / town:
Belmont
2. Project Identification
2a. Property Identification Number:
3585583293
2b. Property size:
2.894

2c. Project Address
Street Address
2021 The Oaks Parkway
Address Line 2
City
Belmont
Postal / Zip Code
28012
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
South Fork Catawba River
3b. Water Resources Classification of nearest receiving water: *
WS-V
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020605
4. Project Description and History
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 existing condition of the review area is completely forested and undeveloped. A railway and power line easement abuts the western boundary of the review area. Oaks Parkway abuts
the Eastern boundary.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
426
4h. Explain the purpose of the proposed project: *
The purpose of the project is for the construction of a sanitary sewer and water line.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project involves the construction of a sanitary sewer and water line. The project has two unavoidable temporary stream impacts identified as S1 and S2. Impact S1 is located along the
Northern fork of the review area for the construction of a proposed water line. Impact S2 is located within the Southern branch of the review area for the construction of a sewer line to
serve a proposed industrial building which will be located west of the existing railway. The construction of the sewer and water line will be completed by clearing the land within the
proposed easement and trenching it with heavy equipment.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
Delineated by Atlas Staff on December 13 2022
No
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-2023-00086
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Atlas Environmental Inc
Atlas Environmental
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD was issued on January 27, 2023
6. Future Project Plans
6a. Is this a phased project?*
Yes No

Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
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
Trenching for Sewer
Temporary
Excavation
CH 100
Perennial
Both
3
Average (feet)
52
(linear feet)
S2
Trenching for Sewer
Temporary
Excavation
CH 100
Perennial
Both
8
Average (feet)
53
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
105
3i. Total temporary stream impacts:
105
3j. Comments:
Both impacts (S1 and S2) are temporary impacts for the construction and installation of a sewer and water line.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project has been designed and engineered to avoid and minimize impacts to the greatest extent possible.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary impacts S1 and S2 are for short term access use for construction and post -construction vehicles, maintenance and or heavy equipment.
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:
All impacts are temporary and no mitigation thresholds will be exceeded
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is not within or 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
Comments:
The project is for the construction of a sewer and water line. There will be no impervious surfaces.
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
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPaC and NHP
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA essential fish habitat mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC HPO Buffer Map, Comment letter attached
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No

Sc. What source(s) did you use to make the floodplain determination?*
Google Earth FEMA NFHL .kml
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
Oaks Commerce Utility Lines NWP 58 ePCN Attachments Comp.pdf 4.31 MB
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:
Cassie Griffin
Signature
Date
2/7/2023

Angela Petros
From: Angela Petros
Sent: Tuesday, January 3, 2023 11:14 AM
To: 401 PreFile
Subject: Oaks Commerce Utility Line NWP 58 Pre -Application
To Whom It May Concern,
Atlas will be submitting an NWP 58 application for the Oaks Commerce Utility Line project. This project is in
Belmont (Gaston County) and is a Water Line and Sewer Line project. Crow Holdings is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ENVIRONMENTAL

Preliminary ORM Data Entry Fields for New Actions
SAW-2023-00086 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Oaks Commerce Utility Line
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description / Purpose [PCN Form 133d and 133e]:
The purpose of this project is for the construction of a utility line for water and sewer.
4. Property Owner / Applicant [PCN Form A3 or A41: owner: DMG Road works i_i_C
Applicant: Crow Holdings Attn: Chris Urquhart
5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jacob Sinclair
6. Related Action ID Number(s) [PCN Form BSb]: SAW-2023-00086
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
2021 The Oaks Parkway Belmont, NC 28012
Lat: 35.267353°, Long:-81.0567490
8. Project Location - Tax Parcel ID [PCN Form 131a]: 306476
9. Project Location — County [PCN Form A2b]: Gaston
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Belmont
11. Project Information — Nearest Waterbody [PCN Form 132a]: South Fork Catawba River Index: 1 1-129-(15.5)
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: South Fork Catawba 03050102
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 58
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

7 TLAS
VIRONMENTAL
US Army Corps of Engineers
Charlotte Regulatory Field Office
Attn: Krysta Stygar
8430 University Executive Park Drive, Suite 611
Charlotte, North Carolina 28262
Re: Oaks Commerce Utility Line +/- 2.894 acres
2021 The Oaks Parkway Belmont, NC 28012
Nationwide Permit 58 Verification Request
Action ID # SAW-2023-00086
Krysta/Paul :
February 07, 2023
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Mr. Paul Wojoski
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The applicant, Chris Urquhart of Crow Holdings, is requesting approval of the enclosed
nationwide permit 58 verification package. Atlas Environmental staff completed the delineation
on December 13, 2022 and assessed the presence of one perennial channel. The preliminary
jurisdictional determination was issued on January 27, 2023.
The review area is mostly forested and undeveloped with a power line right-of-way and railway
adjacent to the Western boundary. The perennial channel feature (CH 100) flows in a
Southeastern direction meandering on and off the review area.
The project's purpose is for the construction of a sewer and water line. The project has two
unavoidable temporary stream impacts identified as S1 and S2. The Eastern portion of the
review area is forked with a Northern and Southern branch. Impact S1 is located within the
Northern branch of the review area for the construction of a proposed water line which will
serve a future industrial building located West of the review area. Impact S2 is located within
the Southern branch of the review area for the construction of a sewer line. The sewer line will
also serve future industrial development. The proposed sewer line connects to an existing sewer
line East of the review area. Impact S1 is approximately 52 linear feet (0.0039 acre). Impact
S2 is approximately 53 linear feet (0.0096 acre). Temporary impacts S1 and S2 are for short
term access for construction of the sewer line and water line.
Enclosed are the necessary permit application documents and additional information. Thank
you for your attention to the enclosed request. Please contact me if you need any additional
information.
Best regards,
co-�'w4oil*
Cassie Griffin, Environnemental Specialist
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

_ s a
AAA
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Mr. Paul Wojoski, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name:
Oaks Commerce Center ----------
Property Owner of Record:
DMG Road Works, LLC----------
Contact Name:
Chris Urquhart
Address:
PO Box 68
Address:
Paw Creek, NC 28130
Phone/Fax Number:
704-236-2440
Email Address:
[e-mail]
Project Address:
-630 Hickory Grove Road
ProjectAddress:
Belmont, NC
Tax PIN:
305367
Signature:
-e-14-41 ----------__—_--
Date:
01 /05/2023
Aim , Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
[e-mail]
www.atlasenvi.com

i
i
f:
7-T-
Tax Information
Parcel Information
DEED BOOK: PAGE:
CITY LIMITS: BELMONT
DEED RECORDING DATE:
ETJ: NOT IN ETJ
SALES AMOUNT: $0
POLICE DISTRICT: BELMONT
PLAT BOOK: 095 PAGE: 036
FIRE DISTRICT: BELMONT
STRUCTURE TYPE:
FLOOD:
YEAR BUILT-
LOCAL WATERSHED: SOUTH FORK
SQUARE FOOTAGE:
CENSUS TRACT: 312.02
VACANT: IMPROVED
Primary Property Address
BASEMENT, NO
2021 THE OAKS PKWY BELMONT, NC 28012
BED: BATH: HALF -BATH:
Tax Information
MULTI -STRUCTURES: NO
ACREAGE: 47.69
PARCEL #: 306476
TAX DISTRICT: BELMONT CITY
PIN #:3585583293
VOLUNTARY AG DISTRICT: NO
CURRENT OWNERS: DMG ROAD WORKS
LLC
PROPERTY USE: INDUSTRIAL
MAILING ADDRESS: 14600 SW 136 ST ,
Tax Values
MIAMI, FL 33186-
MARKET LAND VALUE: $843,860
NBHD #: BE002
MARKET IMPR. VALUE: $0
NBHD NAME: THE OAKS PARKWAY
MARKET VALUE: $843,860
TOWNSHIP: SOUTH POINT TOWNSHIP
FARM DISCOUNT: NO
LEGAL DESC: DMG ROAD WORKS LLC LOT
EXEMPTION: NO
2A PLAT BOOK 095 PAGE 036
TAXABLE VALUE: $843,860
Disclaimer: The information provided is not to be considered as a legal document or description. The map & parcel data is believed to be accurate, but
Gaston County does not guarantee its accuracy. Values shown are as of January 1, 2019. - Document created for printing on 12/16/2022

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United States Department of the Interior
0
FISH AND WILDLIFE SERVICE �4
�9RCH 3,�ga9 Asheville Field Office'M.ot,.
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
December 17, 2021
Ms. Kara Cometti
ECS Southeast, LLP
1812 Center Park Drive, Suite D
Charlotte, North Carolina 28217
Subject: Proposed Oaks at Belmont Development in Belmont, Gaston County, North Carolina.
Dear Ms. Cometti:
On December 13, 2021, we received (via email) your information requesting our review of the subject
project. We have reviewed the information that you presented for this request and the following
comments are provided in accordance with the provisions of the National Environmental Policy Act (42
U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 - 667e); the
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d); and section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act).
Proiect Description
According to the information provided, an undisclosed project proponent proposes to construct an
undisclosed development and associated infrastructure on approximately 88 acres at the end of Oaks
Parkway in Belmont, Gaston County, North Carolina. The submitted project review request does not
include specific information or details regarding construction plans, potential impacts, or construction
timelines.
Federally Listed Species
An assessment of suitable habitat and presence/absence species surveys for five species were conducted
by environmental specialist with ECS Southeast, LLP (ECS) on October 20, 2021. The findings were
compiled and included in the review request submitted to our office on December 13, 2021. The
following species and their associated habitats were evaluated.
Species
Status'
Bald eagle
Haliaeetus leucocephalus
BGPA
Bog turtle
Glyptemys muhlenbergii
T(S/A)
Dwarf -flowered heartleaf
Hexastylis naniflora
T
Northern long-eared bat
Myotis septentrionalis
T
Schweinitz's sunflower
Helianthus schweinitzii
E
'E = endangered, T= threatened, T(S/A) threatened due to similarity of
appearance, and BGPA = Bald and Golden Eagle Protection Act.

Ms. Cometti — ECS 2
The review request states that no bald eagles or nests were observed during surveys. Based on negative
results of visual surveys conducted on October 20, 2021, and given the information provided, we agree
that the project is not likely to disturb nesting bald eagles.
Bog turtle is federally listed as threatened (due to similarity of appearance) and is not subject to section 7
consultation, therefore, an effects determination is not necessary. However, it is a species of concern for
our office, and we appreciate the project proponent Is consideration of bog turtle when evaluating the
action area for impacts to federally listed species and their habitats. If bog turtle or suitable habitat is
identified on future projects within the proposed action area or proposed activities will impact hydrology
of suitable habitat (i.e. changing drainage patterns to/from wetlands), we recommend coordinating the
project with the U.S. Fish and Wildlife Service (Service) and the NC Wildlife Resources Commission
(NCWRC).
The review request states that suitable habitat for dwarf -flowered heartleaf is present on site; however, no
plants in the Hexastylis genus expected to occur in Gaston County were observed during surveys.
Because species in the Hexastylis genus are evergreen, the Service's Asheville Ecological Services Field
Office will accept genus -level surveys for Hexastylis spp. outside of the optimal survey window for
dwarf -flowered heartleaf. Based on negative results of visual surveys for the Hexastylis genus conducted
on October 20, 2021, and given the information provided, we would concur with a "may affect, not likely
to adversely affect" (NLAA) determination from the lead federal action agency for this species.
Based on the information provided, suitable summer roosting habitat for northern long-eared bat (NLEB)
may be present on the site. However, the final 4(d) rule (effective as of February 16, 2016), exempts
incidental take of NLEB associated with activities that occur greater than 0.25 miles from a known
hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season
(June 1— July 31). The proposed development would occur at a location where any incidental take that
may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage
the project proponent to avoid any associated tree clearing activities during the NLEB active season from
April 1 — October 15.
The review request states that suitable habitat for Schweinitz's sunflower is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on
October 20, 2021, and given the information provided, we would concur with a NLAA determination
from the lead federal action agency for this species.
The proposed project is in a county that has potential or known occurrence records of at -risk (ARS) and
candidate (CAN) species. Below is a list of these species known from Mecklenburg County and for
which we have concerns.
Species
Status'
Little brown bat
M otis luci u us
ARS
Monarch butterfly
Danaus plexippus
CAN
Tricolored bat
Perim otis sub avus
ARS
'ARS = at -risk species and CAN = candidate species.
Little brown bat and tricolored bat are ARS and monarch butterfly is a CAN. ARS and CAN are not
legally protected under the Act and are not subject to any of its provisions, including section 7, unless
they are formally proposed or listed as endangered or threatened. While lead federal agencies are not
prohibited from jeopardizing the continued existence of an ARS, CAN, or proposed species until the
species becomes listed, the prohibition against jeopardy and taking a listed species under section 9 of the
Act applies as soon as the listing becomes effective, regardless of the stage of completion of the proposed

Ms. Cometti — ECS
action. We are including these species in our response to give you advance notification and request your
assistance in protecting them. Although not required, we recommend that the presence/absence of these
species be addressed in future biological assessments and biological evaluations prepared for similar
projects. Additionally, we encourage you to coordinate projects with the NCWRC on behalf of these
species.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if. (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2) the identified action is subsequently modified in a manner that was
not considered in this review, or (3) a new species is listed or critical habitat is determined that may be
affected by the identified action.
Fish and Wildlife Resource Recommendations
We are also concerned about the potential effects the proposed project could have on other natural
resources. We offer the following general recommendations for the benefit of fish and wildlife resources:
Equipment Use in Riparian Areas and In -Stream. Equipment should be operated from the
streambank. If in -stream work is necessary, stone causeways, work bridges, or mats (designed
for the specific location and type of equipment) should be used. Work pads on streambanks or
approaches to in -stream work areas should minimize disturbance to woody vegetation.
Equipment operated in riparian areas and in/near aquatic resources should be inspected daily and
maintained regularly to prevent contamination of surface waters from leaking fuels, lubricants,
hydraulic fluids, or other toxic materials. Construction staging, toxic material storage, and
equipment maintenance, including refueling, should occur outside of the riparian area. The
project proponent should report any toxic material spills in riparian areas and/or aquatic resources
to the Service within 24 hours.
Erosion and Sedimentation Control. Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization, water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
to effectively reduce erosion and sedimentation impacts, best management practices specific to
the extent and type of construction should be designed and installed prior to land -disturbing
activities and should be maintained throughout construction. Natural fiber matting (coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly, preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. For
maximum benefits to water quality and bank stabilization, riparian areas should be forested;
however, if the areas are maintained in grass, they should not be mowed. The Service can
provide information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources.
• Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development
contributes to the increased quantity and decreased quality of stormwater entering project area
waterways. Additionally, increased development outside the floodplain increases stormwater
flows already caused by the lack of or loss of riparian buffers and floodplain development.

Ms. Cometti — ECS
4
Recent studies' have shown that areas of 10 percent to 20 percent impervious surface (such as
roofs, roads, and parking lots) double the amount of stormwater runoff compared to natural cover
and decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent
impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75
percent impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is
decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is
essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater
runoff) to receiving waters. According to the Environmental Protection Agency, this
nonpoint-source pollution is one of the major threats to water quality in the United States, posing
one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in
human populations from exposure through drinking water and contact recreational.
Increased stormwater runoff also directly damages aquatic and riparian habitat, causing
streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater
recharge, resulting in even lower than expected stream flows during drought periods, which can
induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any
additional impacts to habitat quality within the watershed, we recommend that all new
developments, regardless of the percentage of impervious surface area created, implement
stormwater retention and treatment measures designed to replicate and maintain the hydrograph at
the preconstruction condition.
We recommend the use of low impact development techniques,2 such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining
and treating stormwater runoff rather than the more traditional measures, such as large retention
ponds, etc. These designs often cost less to install and significantly reduce environmental
impacts from development.
Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to
reaching any natural stream or wetland area. Detention structures should be designed to allow for
the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges;
thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of
stormwater control measures is to protect streams and wetlands, no stormwater control measures
or best management practices should be installed within any stream (perennial or intermittent) or
wetland.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be
used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store
heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within
the concrete.
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices.
GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN-0-934213-59-3.
2We recommend visiting the Environmental Protection Agency's Web site (ht62://www.fga.goL/polluted-runoff-
nonpoint-sourcepollution/urban-runo(f--low-impact-development) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.

Ms. Cometti — ECS
Use of any of the proposed stormwater collection devices described above will dramatically
decrease the quantity and increase the quality of stormwater runoff.
Pollinators. Pollinators, such as most bees, some birds and bats, and other insects, including
moths and butterflies, play a crucial role in the reproduction of flowering plants and production of
most fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops are
pollinated by these types of fauna. A recent study of the status of pollinators in North America
by the National Academy of Sciences found that populations of honey bees (which are not native
to North America) and many wild pollinators are declining. Declines in wild pollinators are a
result of disease and the loss, degradation, and fragmentation of habitat. Because loss of habitat
and diminished native food sources have decreased the populations and diversity of pollinators
throughout the country, we recommend that development projects be sited in areas that are
previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature
forests, streams, or wetlands.
We have records of rare species in the area, including monarch butterfly, a federal candidate for
listing.' Monarch butterflies east of the Rocky Mountains used to number in the hundreds of
millions but the population has declined by approximately 80 percent. Loss of habitat due to
genetically modified crops, overuse of herbicides and insecticides, urban, suburban and
agricultural development, disease, climate change, and overwintering site degradation are the
leading causes of monarch decline. Adults use a wide variety of flowering plants throughout
migration for nectar and breeding. However, milkweed plants (Asclepias spp.) are essential to
monarch breeding as these are the only genus of plants that can host monarchs in their larval
form. For a regional and seasonal list of plants important to monarch butterflies, please visit the
Xerces Society website at: http: //www.xerces. org/monarch-nectar plants/.
Although the provisions of section 7 of the Act do not currently apply to candidate species or
other non -listed pollinators, we would greatly appreciate your assistance in determining if
monarch butterflies or suitable habitat for the species is present on the proposed project site. If
individuals or suitable habitat is present, impacts should be avoided. More specific information
about monarch butterfly can be found at the Service website dedicated to the species at:
https: //www.fws.govlsavethemonarchl.
To reduce development impacts to monarch butterflies and other pollinators and/or to increase the
habitat and species diversity within the project area, we recommend the following measures be
incorporated into project designs:
Throughout the site, avoid non-native seed mixes and plants. Instead, sow native seed mixes
and plant species that are beneficial to pollinators.
a. Avoid seed mixes and plants that have been pre-treated with insecticides, such as
neonictinoids.
b. Taller -growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer
'"Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological
vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet
been issued because this action is precluded at present by other listing activity. Development and publication of
proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as
other affected parties to give consideration to these taxa in environmental planning" (Federal Register, February 28,
1996). Taxa formerly considered as "Category 1" are now considered as "candidates."

Ms. Cometti — ECS
0
2
4
months. Taller plants, not mowed during the summer, would provide benefits to
pollinators, habitat for ground-nesting/feeding birds, and cover for small mammals.
c. Native low-growing/groundcover species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the
amount of maintenance, such as mowing and herbicide treatment.
d. Using a seed mix that includes milkweed species is especially beneficial for monarch
butterflies. The following website provides additional information and a
comprehensive list of native plant species that benefit pollinators:
http://www.xerces.orglpollinator-resource-centerlmid-atlantic. We also offer our
assistance with developing seed mixes that can be used in conjunction with fast
growing erosion control seed mixes for overall soil stability and pollinator benefits.
e. Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
Mowing and grounds maintenance, including pesticide use, should be scheduled to not
interfere with monarch breeding or nectaring at project sites that occur along the migration
route. To reduce harm, we advise mowing in the fall or winter when flowers are not in bloom.
Provide nesting sites for pollinator species. Different pollinators have different needs for
nesting sites. Therefore, we recommend project designs include a diverse array of habitats to
accommodate varied pollinators. For example:
a. Hummingbirds typically nest in trees or shrubs.
b. Many butterflies lay eggs on specific host plants.
c. Most bees nest in the ground and in wood or dry plant stems.
d. For additional information and actions that can be taken to benefit pollinators, please
visit the following website: https://www.fws.gov/pollinators/.
Minimize effects of outdoor light pollution. Recent studies indicate that artificial lighting
disrupts the natural reproduction and feeding patterns of nocturnal pollinators such as beetles
and moths. This disruption results in a decrease of pollination rates in plants and a decrease in
the health and diversity of nocturnal pollinators. When developing an outdoor lighting plan or
installing any outdoor lighting devices, we recommend the following measures be considered
to minimize potential adverse effects of outdoor lighting:
a. Decrease the number of light fixtures, as practicable, to meet lighting objectives.
b. Install lighting only in areas that need illumination for safety (e.g. paths, roads, etc.).
Avoid lighting landscape features such as trees, shrubs, or building facades.
c. Install fully shielded lights that direct light downward.
d. Use only low-pressure sodium (LPS), high-pressure sodium (HPS), or light emitting
diode (LED) light sources that emit "warm" light. "Warm" light sources are those
that contain low amounts of blue light in their spectrum. Choosing light sources with a
color temperature of no more than 3,000 Kelvins will minimize the effects of blue
light exposure.
e. For additional information and actions that can be taken to reduce outdoor light
pollution, please visit the following website: https://www.darksky.org/our-
work/lighting/lighting for-citizens/lighting-basics/.
Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic
ecosystems. They accomplish the following:
o Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from
reaching streams.
o Enhance the in -stream processing of both point- and nonpoint-source pollutants.
o Act as "sponges" by absorbing runoff (which reduces the severity of floods) and by
allowing runoff to infiltrate and recharge groundwater levels (which maintains stream
flows during dry periods).

Ms. Cometti — ECS
7
o Catch and help prevent excess woody debris from entering the stream and creating
logjams.
o Stabilize stream banks and maintain natural channel morphology.
o Provide coarse woody debris for habitat structure and most of the dissolved organic
carbon and other nutrients necessary for the aquatic food web.
o Maintain air and water temperatures around the stream.
Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100-year floodplain, whichever is greater])
should be created and/or maintained adjacent to all aquatic areas. Within the watersheds
supporting federally listed aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation. These buffers should extend a
minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from
the banks of all intermittent streams (or the full extent of the 100-year floodplain, whichever is
greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission,
etc.), and other infrastructure that requires maintenance, cleared rights -of -way and/or compromise
the functions and values of the forested buffers should not occur within these riparian areas.
• Stream Crossings. Bridges or spanning structures should be used for all permanent roadway
crossings of streams and associated wetlands. Structures should span the channel and the
floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic
and terrestrial organisms, and eliminate the need to place fill in streams, wetlands, and
floodplains.
Bridges should be designed and constructed so that no piers or bents are placed in the stream,
approaches and abutments do not constrict the stream channel, and the crossing is perpendicular
to the stream. Spanning some or all of the floodplain allows stream access to the floodplain,
dissipates energy during high flows, and provides terrestrial wildlife passage. When bank
stabilization is necessary, we recommend that the use of riprap be minimized and that a
riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in
the floodplain is necessary, floodplain culverts should be added through the fill to allow the
stream access to the floodplain during high flows.
If bridges are not possible and culverts are the only option, we suggest using bottomless culverts.
Bottomless culverts preserve the natural stream substrate, create less disturbance during
construction, and provide a more natural post -construction channel. Culverts should be of
sufficient size to leave natural stream functions and habitats at the crossing site unimpeded.
Culvert installation and presence should not change water depth, volume (flow), or velocity levels
that permit aquatic organism passage; and accommodate the movement of debris and bed material
during bankfull events. Widening the stream channel must be avoided.
• Utility Line Crossings. In the interest of reducing impacts to natural resources, utility crossings
(i.e., sewer, gas, and water lines) should be kept to a minimum, and all utility infrastructure
(including manholes) should be kept out of riparian buffer areas. If a utility crossing is necessary,
we recommend that you first consider the use of directional boring. Directional boring under
streams significantly minimizes impacts to aquatic resources and riparian buffers.
If directional boring cannot be used and trenching is determined to be the only viable method,
every effort should be made to ensure that impacts to in -stream features are minimized and
stabilized upon completion of the project. Our past experiences with open -trench crossings
indicate that this technique increases the likelihood for future lateral movement of the stream

Ms. Cometti — ECS
(which could undercut or erode around the utility line), and the correction of such problems could
result in costly future maintenance and devastating impacts to natural resources. Therefore, as
much work as possible should be accomplished in the dry, and the amount of disturbance should
not exceed what can be successfully stabilized by the end of the workday. In -stream work should
avoid the spring fish spawning season and should consider forecasted high flow events.
Regardless of the crossing method, all utility lines should cross streams perpendicularly. We
strongly encourage that a qualified biologist monitor the work area until the work is complete in
order to identify any additional impact -minimization measures. The Service may be available to
assist you in this effort.
To determine if any maintenance is required, the work site should be monitored at least every 3
months during the first 24 months and annually thereafter. Moreover, we recommend the
development of a riparian monitoring and maintenance program that would outline procedures for
the prompt stabilization of streambanks near the utility crossing (should any streambank erosion
or destabilization occur) throughout the life of this project.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at rebekah [e-mail], if you have any questions. In any future correspondence concerning
this project, please reference Log Number 4-2-22-322.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
February 6, 2023
Jacob Sinclair, P.G., PWS
Atlas Environmental Inc.
P.O. Box 17323
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
j sinclairgatlasenvi.com
Asheville NC 28806
Re: Construct Oaks at Belmont industrial development, Oaks Parkway, Belmont, Gaston County,
ER 21-3212
Dear Mr. Sinclair:
Thank you for your letter of January 4, 2023, transmitting the utility line review information, for the above
reference project. We have reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review(cr�,ncdcr. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
(2_� %akdL -&&L�
Ramona Bartos, Deputy
(� State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00086 County: Gaston U.S.G.S. Quad: NC -Mount Holly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Crow Holdings
Chris Urquhart
4064 Colony Road, Suite 405
Charlotte, NC 28211
704-236-2440
curquha rkcrowholdings.com
2.894 Nearest Town Belmont
South Fo rk Catawba River River Ba sinSantee
03050102 Coordinates Latitude:35.267353
Longitude:-81.056749
Location description: Projectis located at2021 The Oaks Parkway, near Belmont, Gaston County,North Carolina. PIN:
306476
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 12/14/2022. Therefore this preliminary jurisdiction
determ ination maybe 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 allwaters andwetlands that would be affected in anyway 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, youmay request an approved JD,
which is an appealable action, by contactingthe Corps districtfor further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period notto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2023-00086
will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe 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, pre sent on the above described project area/property which are subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&gsace.army.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the property exhibits criteria for waters of the U.S. as defined in 33 CFR
328, the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual:
Eastern Piedmont and Mountains v2.0: See the preliminary jurisdictional determination form dated
1/27/2023.
D. Remarks: See approximate aquatic resources on map, "Oaks Commerce Utility Line-1211412022 "
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above
If you object to this determination, you may request an a dministrative appeal under Corps regulations at 3 3 CFR Part 3 3 1. Enclosed
you will find a Notification ofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, and that it has been receivedby the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
* *It is not necessary to submit anRFAform to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
61
Date of JD: 1/27/2023 ExpirationDate of JD: Not applicable

SAW-2023-00086
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:
Atlas Environmental, Inc
Jennifer Robertson
Address:
338 South Sharon Amity Road, # 411
Charlotte, NC 28211
Telephone Number:
704-512-1206
E-mail:
jrobertson(a atlasenvi,com
Property Owner: DMGRoadWorksLLC
Address: 14600 SW 136th Street
Miami, FL 33186

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
JL
Applicant: Crow HoLdinps, Chris Urquhart File Number: SAW-2023-00086 I Date: 1/27/2023
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.miUMissions/CivilWorks/Regulatory Pro aamandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain term sand 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 yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluatingyour 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 appealthe 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 yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept orappealthe approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe 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 yourreasons forappealingthe decision or your objections to an initial
profferedpermit in clear concise statements. You may attach additional information to thisform to clarify where yourreasonsor
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record,the Corpsmemorandum forthe
record of the a ppea I conference ormeeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellantnorthe Corpsmay add newinformation oranalysesto 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/orthe
If you only have questions regarding the appealprocessyou may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Krystynka B Stygar
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Cha rlottc, No rth Carolina 28262
PHONE: [phone]; FAX[phone]
EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate m all site investi 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: Krystynka B Stygar, 69 Darlington Avenue, Wilmington, North
Carolina28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic,Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 01/13/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Crow Holdings, Chris Urquhart, 4064
Colony Road, Suite 405, Charlotte, NC 28211
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Oaks Commerce Center -
Utility Line, SAW-2023-00086
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 2021 The Oaks
Parkway, near Belmont, Gaston County, North Carolina. PIN: 306476
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Belmont
Center coordinates of site (lat/long in degree decimalformat): Latitude:35.267353 Longitude:-81.056749
Universal Transverse Mercator:
Name of nearestwaterbody: South Fork Catawba
Riverouth Fork Catawba River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: January 27,2023
❑Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amountof
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section404
reviewarea
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
CH 100
35.267780
-81.057840
426 LF
Non -wetland
Section 404
wate rs
1. The Corps of Engineers believes that there may bejurisdictional 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 AID for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subjectpermit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative orjudicial 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 affectedby the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 2, Parcel Map 12/12/2022
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑ Office concurs with data sheets/delineation report.
El Office doesnotconcurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
El Corps navigable waters' study:
®U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
® USGS 8 and 12 digit HUC maps: Figure 7,12/12/2022
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, December 12, 2022, Figure 5, 12/12/2022
® Natural Resources Conservation Service Soil Survey. Citation: Figure 13a,12/12/2022
®Nationalwetlands inventory map(s). Cite name: Figure 11, 12/12/2022
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 8, 12/12/2022
❑ 100-yearFloodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
®Other information (please specify): Lidar, Figure 9 12/12/2022, APT Took, Wetter than normal conditions
12/12/2022
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns
and should not be relied upon for later jurisdictional determinations.
/A�� c5*Gil.
Sig a ut re and d of Regulatory
staff member completing PJD
1/27/2023
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respondwithin the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action_

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