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HomeMy WebLinkAbout20190515 Ver 4_ePCN Application_20230217DWR 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: 4/22/2022 BIMS # Assigned * Version#* 20190515 4 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 - (704) 663-1699 Andrew Pitner:andrew.pitner@ncdenr.gov Information for Initial Review la. Name of project: Nolen Farm - Horsley Property la. Who is the Primary Contact?* Aliisa Harjuniemi 1b. Primary Contact Email: * lc. Primary Contact Phone: * aliisa@cws-inc.net (980)259-1222 Date Submitted 2/17/2023 Nearest Body of Water Catawba Creek Basin Catawba Water Classification Class C Site Coordinates Latitude: 35.179224° A. Processing Information Longitude: -81.11926° 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 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 Please provide the date of the previous submission.* 4/12/2022 1b. 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): Id. 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 lh. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? * Yes No 2. Owner Information 2a. Name(s) on recorded deed: Andrew and Beth Horsley 2b. Deed book and page no.: 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 18 Circle Drive Address Line 2 City State / Province / Region Belmont NC Postal / Zip Code Country 28012 USA 2e. Telephone Number: 2f. Fax Number: (630)363-6401 2g. Email Address:* cwerner@suncrestreal.com 3. Applicant Information (if different from owner) 3a. Name: Casey Werner 3b. Business Name: Suncrest Real Estate & Land 3c. Address Street Address 2701 East Camelback Road #180 Address Line 2 City Phoenix Postal / Zip Code 85016 3d. Telephone Number: (630)363-6401 3f. Email Address: * cwerner@suncrestreal.com 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: (980)259-1222 4f. Email Address: * aliisa@cws-inc.net State / Province / Region AZ Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: C. Project Information and Prior Project History O 1. Project Information Ib. Subdivision name: (if appropriate) lc. Nearest municipality / town: Gastonia 2. Project Identification 2a. Property Identification Number: 212362 and 214193 2b. Property size: 20 2c. Project Address Street Address Northwest of the Airport Road and Union Road intersection Address Line 2 City Gastonia Postal / Zip Code 28056 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Catawba Creek 3b. Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011502 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 project area consists of undeveloped forest and a sewer line Right -of -Way. Surrounding land use consists of forested area and residential development. The adjoining properties are currently being developed for single-family subdivisions. On -site elevations range from 690-740 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, woody wetlands, and a powerline Right -of -Way (Figure 3). According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Gaston County (Figure 4) and the NRCS Published Soil Survey for Gaston County (Figure 5), on -site soils consist of four different soil types. None of the on -site soils are listed on the Web Soil Survey as being hydric or as containing hydric inclusions. A review of the NWI GIS layer depicts one potential riverine system and a freshwater pond in the central portion of the project limits (Figure 6). The entirety of the Nolan Farm - Horsley Property is located within the Area of Minimal Flood Hazard zone (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). The proposed project neighbors the Presley Site that is currently under construction (SAW-2018-01806, DWR#19-0515). The cumulative impacts between these projects are below Nationwide Permit and mitigation thresholds. The previously authorized permanent impacts for the Presley Site totaled 147 If of stream impacts and 0.03 acre of wetland impacts. Due to minor changes to the site plan, the new proposed wetland impacts total 0.041 acre (0.011 ac. increase). 4f. List the total estimated acreage of all existing wetlands on the property: 0.56 acres of wetland, 1.17 acre open water 4g. List the total estimated linear feet of all existing streams on the property: 806 If intermittent stream 4h. Explain the purpose of the proposed project: * The purpose of this project is to develop the property into a residential development. This project will provide housing for Gastonia, North Carolina to meet the growing demand for housing due to population growth. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Under NWP29, the proposed impacts total 0.041 acre of wetland impacts (W1). The proposed impacts are due to fill for a road and a lot, required to make the development financially feasible. The proposed site plan is included as Attachment D. Typical construction equipment such as a track hoe will be used. Typical heavy equipment will be used in grading operations (bulldozers, excavators, dump trucks, graders, etc.). After grading fork lifts will be used for loading materials and access. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: No O Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-00247 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: CWS Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Preliminary Jurisdictional Determination dated February 23, 2022 is included as Attachment C. 6. Future Project Plans 6a. Is this a phased project? * Yes O No 6b. If yes, explain. The proposed project neighbors the Presley Site that is currently under construction (SAW-2018-01806, DWR#19-0515). The cumulative impacts between these projects are below Nationwide Permit and mitigation thresholds. The permanent impacts for the Presley Site totaled 147 If of stream impacts. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers U 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W! Fill P Headwater Forest Wetland AA Yes Corps 0.041 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.041 2i. Comments: Proposed impacts total 0.041 acre of permanent wetland impacts. E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.041 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 impacts have been limited to one minor wetland impact. The current plan proposes 60 lots, while an alternative plan that avoids the wetland would only yield 48 lots. The alternative site plan is included as Attachment E. Without impacting the wetland, there would be a 20% reduction in the number of residential lots, which for a small site like this would not allow the project to move forward from a financial perspective. Since this is at the very tip of the wetland and the permanent fill area is relatively minor (0.041 acre), Suncrest Real Estate & Land respectfully request authorization for this impact. All other wetlands and streams on this site will be avoided. 1b. 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 impacts total 0.041 acre and are cumulatively below the 0.1 acre threshold. F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 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 adjacent to NC Riparial 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. Gastonia Comments: Stormwater Plan will be provided upon request. 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 additional cumulative impacts in 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 sewerlines will tie into existing sewer infrastructure. 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 is included as Attachment F. 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? * A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on January 18, 2022 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service. The search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. In their response letter dated February 15, 2022, SHPO states that they are not aware of any historic resources that would be affected by this project (Attachment G). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA panels 3710356200J and 45091C0090E 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 Horsley Property_Cover Letter and Attachments.pdf 10.61 MB File must be PDF or KMZ Comments Signature O 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 Olheira9fammemw Date 2/17/2023 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) Date: February 17, 2023 To: Ms. Krystynka Stygar U.S. Army Corps of Engineers, Charlotte Regulatory Office Mr. Andrew Pitner NCDWR, 401 & Buffer Permitting Unit Subject: Permit Modification - Nationwide Permit No. 29 Nolen Farm - Horsley Property (SAW-2022-00247) Gastonia, North Carolina CWS Project No. 2021-0140 Dear Ms. Stygar and Mr. Pitner, The Nolen Farm - Horsley Property site is approximately 20 acres in extent and is located northwest of the Airport Road and Union Road intersection in Gastonia, North Carolina (Figures 1 and 2, Attachment A). Suncrest Real Estate & Land 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). CWS is submitting a Modification Request to Nationwide Permit No. 29 to the U.S. Army Corps of Engineers for proposed impacts to the jurisdictional waters of the U.S. associated with developing the property into a residential development. The proposed project neighbors the Presley Site that is currently under construction (SAW-2018-01806, DWR#19-0515). The cumulative impacts between these projects are below Nationwide Permit and mitigation thresholds. ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-8 Attachment B - Agent Authorization Form Attachment C - PJD & NWR 29 Verification (SAW-2022-00247) and 401 WQC (DWR #19-0515 V3) Attachment D - Proposed Impacts Attachment E - Alternative Site Plan Attachment F - Protected Species Assessment Attachment G - SHPO Letter Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Megan Bollero, WPIT Project Scientist ,/;,.4 '): /. � Aliisa Harjuniemi, PWS Senior Project Manager Nolen Farm - Horsley Property Attachments February 17, 2023 CWS Project No. 2021-0140 ATTACHMENT A: Figures 1-8 Tennessee n Georgia South Carolina a a R,106 R ry FIkdV@,�df�i �� �Ptlt Virginia REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2020. v� SCALE: DATE: 1 inch = 5,000 feet 10/21/2021 CWS PROJECT NO: DRAWN BY: 2021-0140 ALH COORDINATES: CHECKED BY: 35.179224,-81.11926 AVH w 9-a e C. am rr�a N 6 O F e n r 4 a U n i on µ nW ►A d9 Ni) fi TF, CARc7L+NA 'Qa H CAR-,) ;NA x 7 a Y a6 0 Legend Project Limits (20 ac.) �Fk r 5,000 2,500 0 5,000 Feet Ch FIGURE NO. Vicinity Map Nolen Farm - Horsley Property C A R❑ L 1 N A Gaston County V,IETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\Preliminary Wetland Investigation\ArcGIS\Figure1_Vicinity.mxd D.N Sch U EPS�"P4U,IFTtYOOD U++ - F .. �� �'°�' •mom , "A eels : EI em sch [T ORc i y- a-1 t` ba v0F9 tVaR7H CAROLINA - - Legend i 4M1» pF•I Project Limits (20 ac.) 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BELMONT, NC (2019). SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 10/21/2021 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2021-0140 ALH Nolen Farm - Horsley Property COORDINATES: CHECKED BY: GAR ❑ L I N A Gaston County 2 35.1792241-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\Preliminary Wetland Investigation\ArcGIS\Figure2_Topo.mxd G:\Shared drives\Consulting Team Dwe\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\JD\ArcGIS\Figure3_Aerial.mxd 9Kay"M.■ WeD,. Va B VaDI ApB -\ Ce ApB y CeB2 D2 LdB2 •�4' -w 411" 0 7J_� i VVfj �- Z cT l � 7�w � VVnB Ld B2\ Wn D i✓ 1 n I, � r2P AN_ 4eB2 - eB LdB2 CeD2 e CeD� Np aB WbA CeB2 NgMF W aD I [IV j4�eD CeB2 �( Va CeB2 HeB VaB qp CeB2 B VaD �O dB PaE e \ Wo LdB2 B LdB2 I a Wo WnD L In C WnD ApB CeB2 aB e — L�2 CeB2 J LdB2 e 2 A �� dB He - ■ HeB CeB2 Legend Soil Unit Name and Description Hydric lCoverage (%) CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No 44.4 CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No 38.3 PaE Pacolet sandy loam, 15 to 25 percent slopes No 11.8 W Water N/A 5.5 Total Coverage 100 Z In + vaD Project Limits (20 ac.) W Ch V g CeB Roads CeB 2VaD - 2,000 1,000 0 2,000 Feet REFERENCE : USDA-NRCS WEB SOIL SURVEY OF GASTON COUNTY, NC, DATED 2021. Ldg2 W B SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 2,000 feet 12/6/2021 y CWS PROJECT NO: DRAWN BY: of Gaston County 2021-0140 ALH Nolen Farm - Horsley Property COORDINATES: CHECKED BY: GAR ❑ L I N A Gaston County 4 35.179224,-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Dwe\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\JDWrcGIS\Figure4_Current.mxd 11, ,, P Li I + ' Ap8 ,T FaE .' L �. l� i kF f aC is _ van n Wn13�.� _ Fe let �� Cos Gap O } 3E Ra r R Cf6 ,x+r Gaq? cantlip" � ��• 1 CEft2 CH i V3B / fnd2 �p ceBP WkF aB7 t �rra; crr CrUY Y Wn9 R 402 Gail? A* Cos : V10 Union New Hope Road COB � Ca84 .. �:. F5, r�� CaB1 CeD? r AP8' lJ' ceez Vag y / t.3•I � � 1 `� I V. H,es f I � �e02 Va6 f t* r;_.e32 4 �� -�. , �, fj$� �Au'B I J ?i� 8 � J 1 A J2 r R ri w Union Road B APB- % [(3 4 �- hAB..•a82 PaF ~' C-D7. u CVD2 B2 V i 7 C42 } Va8 ~ 2 f • � Lied] � �__ 3:•: v Airport Roads v�p ti ae G� Wilson Farm Road GAR2 POE P Coal Ges2 Vag Er•�2 - GnB 2 I 002 cP Va .e8 Cry I - GaD2 ���� C4132 1 He Crag � '�t}� / •`�8 -� P e L M _ CeB7 eelIL r Soil Unit Name and Description Hydric V4 1 1 c+t+a CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No ` 6 n8 Legend CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No vab `` �f Ga3ar PaE Pacolet sandy loam, 15 to 25 percent slopes No ' ( W Water N/A so2 Project Limits (20 ac.) � c R 2,000 1,000 0 2,000 Feet REFERENCE. USDA-NRCS PUBLISHED SOIL SURVEY OF GASTON COUNTY, NC, SHEETS 7 AND 8, DATED 1989. ;- SCALE: DATE: USDA-NRCS Published Soil Survey FIGURE NO. 1 inch = 2,096 feet 11/22/2021 Y CWS PROJECT NO: DRAWN BY: Is of Gaston County 2021-0140 ALH Nolen Farm - Horsley Property COORDINATES: CHECKED BY: GAR ❑ L I N A Gaston County 5 35.179224,-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\JD\ArcGIS\Figure3_Historic.mxd ¢p0�' 0 S� I OLK PINE CT STONE PINE DR CT C, 7</� �F��T I N I Legend o Project Limits (20 ac.) -n Roads National Wetland Inventory 0 Freshwater Pond - Riverine REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND 000 rJ00 0 000 Feet WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021. BACKGROUND LAYER(S) , PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2021. SCALE: 1 inch = 1,000 feet DATE: 11/24/2021 National Wetland Inventory FIGURE NO. CWS PROJECT NO: DRAWN BY: 2021-0140 ALH Nolen Farm - Horsley Property 6 COORDINATES: CHECKED BY: CAR ❑ L I N A Gaston County 35.179224,-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\JDWrcGIS\Figure6_NWl.mxd G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\JD\ArcGIS\Figure7_FEMA.mxd Pond A 1.17 acres Wetland AA 0.55 acre 0 v �1 S CP 4 -1.4 Intermittent Stream A 806 If Legend QProject Limits (20 ac.) — — Intermittent Stream ® Forested Wetland co Freshwater Pond 1 Roads Tax Parcels i ODP Data Point A SCP Stream Classification Point Indicates Flow REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON '(O f Photo Location and Direction COUNTY GIS DEPARTMENT, DATED 2021. 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 NOVEMBER 23, 2021. JURISDICTIONAL FEATURES WERE 200 100 0 200 Feet FIELD VERIFIED BY THE USACE ON FEBRUARY 22, 2022 (SAW-2022-00247). SCALE: 1 inch = 200 feet DATE: 2/23/2022 Jurisdictional Boundaries FIGURE NO. CWS PROJECT NO: DRAWN BY: 2021-0140 ALH Nolen Farm - Horsley Property 8 COORDINATES: CHECKED BY: CAR ❑ L I N A Gaston County 35.179224,-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\JDV\rcGIS\Figure8_JD(REVISED).mxd Nolen Farm - Horsley Property Attachments February 17, 2023 CWS Project No. 2021-0140 ATTACHMENT B: Agent Authorization Form DocuSign Envelope ID: 37354C95-7644-4F40-85AB-441 EC5FA75F0 U.S. Army Corps of Engineers — Wilmington District - Regulatory Division AGENT AUTHORIZATION I. PROJECT/SITE INFORMATION Site Name: Nolen Farm - Horsley Property Property Identification Number(s): 212362 and 214193 I, the undersigned, Casey Werner ,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. OocuSigned by: &M w� CCC BBF05AB4ED... Signaiure 4/12/2022 Date 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 ajurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 Nolen Farm - Horsley Property Attachments February 17, 2023 CWS Project No. 2021-0140 ATTACHMENT C: PJD & NWR 29 Verification (SAW-2022-00247) and 401 WQC (DWR #19-0515_V3) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00247County: GastonU.S.G.S. Quad: NC -Belmont GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Suncrest Real Estate & Land Casey Werner Address: 2701 EastCamelbackRoad#180 Phoenix, AZ 85016 Telephone Number: 630-363-6401 E-mail: cwerner(asuncrestraLcom Size (acres) 20 Nearest Town Gastonia Nearest Waterway Catawba Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude:35.179224 Longitude:-81.11926 Location description: Project is located No rthwest of the intersection of Union Road and Airport Ro ad in Gastonia, Gaston CouM,North Carolina. PIN(s): 212362 and 214193 Description of projects area and activity: This verification authorizes: 1) Permanent fill of 0.03 acres to WetlandAA for Fill. Applicable Law(s): N Section 404 (Clean WaterAct, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29: Residential Subdivisions 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 attached Conditions, your application signed and dated 4/12/2022, and the enclosed plans Presley-HorsleyPropein dated 3/11/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work o rder, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general penni authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basisto modify, suspendorrevoke 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 919-807-6300) to determine Section401 requirements. For activities occurringwithin the twenty coastalcounties subjectto regulation under the Coastal Area Management Act (CAMA), prior to beginningwork you must contactthe N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. 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 of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Krystynka B Stygar at 252-545-0507or krystynka.b.stygarkusace.army.mil. Corps Regulatory Official: Date: 4/28/2022 ExpirationDate of Verification: 3/14/2026 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: Address: Telephone Number: E-mail: Property Owner: Address: Telephone Number: Carolina Wetland Services Aliisa Harjunemi 550 E. Westinghouse Blvd Charlotte, NC 27273 757-576-6433 aliisan.cws-inc.net COMPANY NAME AndrewandBeth Horsley 18 Circle Drive Belmont, NC 28012 63 0-3 63 -6401 Action ID Number: SAW-2022-00247 County: Gaston Permittee: Suncrest Real Estate & Land, Casey Werner Project Name: Nolen-Horsely Project Date Verification Issued: 4/28/2022 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 krystynka.b.stygar@usace.army.mil 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 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00247County: Gaston U.S.G.S. Quad: NC -Belmont NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Suncrest Real Estate & Land Casey Werner Address: 2701 EastCamelbackRoad# 180 BiltmorePark,AZ 85016 Telephone Number: 630-363-6401 E-mail: cwernerksuncrestreal.co m Size (acres) 20 Nearest Waterway Catawba Creek USGS HUC 03050101 Nearest Town Gastonia RiverBasin Santee Coordinates Latitude:35.179224 Longitude:-81.11926 Location description: Project is located Northwest of the intersection of Union Road and Airport road in Gastonia, Gaston CouM,North Carolina. PIN(s): 212362 and 214193 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 mapdated 2/23/2022. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands thatwould 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, you may request an approved JD, which is an appealable action, by contactingthe Corps district for 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 anenforceable 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-2022-00247 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 determinationmay 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, 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 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 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: Basis For Determination: See the preliminary jurisdictional determination form dated 02/23/2022. D. Remarks: See approximate jurisdictional features on map, "Nolen Farm- Horsley Property " 0212312022 E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limitsof 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 administrativeappeal under Corps regulations at33CFRPart 331. 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 RFAto 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, andthat it has been received by the Division Office within 60 days of the 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 th Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: _ )A40 Date of JD: 02/23/2022 Expiration Date of JD: Not applic able SAW-2022-00247 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: Carolina Wetland Services Megan Bollero Address: 550 E Westinghouse Blvd Charlotte, NC 27273 Telephone Number: 757-576-6433 E-mail: megankcws-inc.net Property Owner: COMPANY NAME Andrew and Beth Ho rslev Address: 18 Circle Drive Belmont. NC 28012 Telephone Number: 630-363-6401 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL JL Applicant: Suncrest Real Estate& Land, Casev Werner I File Number:SAW-2022-00247 I Date:02/23/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B 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 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 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 under the 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 denial of a perm it under the Corps of Engineers Administrative AppealProcess by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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 contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FORAPPEAL OROBJECTIONS: (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 appealis limited to a review of the administrative record, the Corps memorandum forthe record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record. However, you may provide additionalinformation 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 appealprocess you 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: (404) 562-5136; FAX(404) 562-5138 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, 8430 University Executive park Drive, Suite 615, Charlotte, North Carolina 28262 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/23/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Suncrest Real Estate & Land, Casey Werner, 2701 East Camelback Road 4180, Biltmore Park, AZ 85016 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Nolen Farm -Horsley Property, SAW-2022-00247 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located Northwest of the intersection of Union Road and Airport road in Gastonia, Gaston County, North Carolina. PIN(s): 212362 and 214193 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Gastonia Center coordinates of site (lat/long in degree decimalformat): Latitude: 35.179224 Longitude: -81.11926 Universal Transverse Mercator: Name of nearestwaterbody: Catawba Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): February 22, 2022 TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic (decimal (decimal amountof resources(i.e.,wetland authority to degrees) degrees) aquatic vs. non -wetland which the aquatic resources in waters) resource"may reviewarea be" subject (i.e., (acreage and Section 404or linear feet, if Section 10/404) applicable Wetland AA 35.178306 -81.119104 0.55 acre Wetland Section 404 Stream A 35.180135 -81.118854 806 LF Non -wetland waters Section 404 Pond A 35.179006 -81.118823 1.17 acre Non -wetland waters Section 404 1. The Corps of Engineers believes that there may bejurisdiction al 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 subjectpermit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative 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 AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "maybe" 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: CWSfor SuncrestRealty&Land ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: El U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ®U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, USGS Topo Map dated 2019 ® Natural Resources Conservation Service Soil Survey. Citation: Figure 4 & 5 dated 2021 and 1989 ®Nationalwetlands inventory map(s). Cite name: Figure 6, National Wetland Inventory, Dated 2021 ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 7, FEMA NFHL Map, Dated 2007 & 2009 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date): Figure3,Dated2021 or ® Other (Name & Date): Photographs 1-5 dated November 23, 2021 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): NCDEO Stream Form 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. 4P )9K Signature and date of Regulatory staff member completing PJD 02/23/2022 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable)' ' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ��Wm\ \ \� r) Legend QProject Limits (20 ac.) / - — — Intermittent Stream ® Forested Wetland oFreshwater Pond Roads Tax Parcels ODP Data Point A SCP Stream Classification Point < Indicates Flow Q REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON N Photo Location and Direction COUNTY GIS DEPARTMENT, DATED 2021. 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 NOVEMBER 23, 2021. JURISDICTIONAL FEATURES WERE 200 100 0 200 Feet FIELD VERIFIED BYTHE USACE ON FEBRUARY 22, 2022 (SAW-2022-00247). SCALE: DATE: FIGURE NO. 1 inch = 200 feet 2/23/2022 Jurisdictional Boundaries CWS PROJECT NO: DRAWN BY: 2021-0140 ALH Nolen Farm - Horsley Property COORDINATES: CHECKED BY: CAR ❑ L I N A Gaston County 8 35.179224,-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\JDWrcGIS\Figure8_JD(REVISED).mxd ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 24, 2022 DWR # 19-0515 V3 Gaston County Suncrest Real Estate & Land Attn: Casey Werner 2701 East Camelback Rd. #180 Phoenix, AZ 85016 sent via email to: cwerner@suncrestreal.com Subject: Approval of Individual 401 Water Quality Certification - Modification Nolen Farm Project Dear Casey Werner: Attached hereto is a copy of Certification No. WQC005107 issued to Casey Werner and Suncrest Real Estate & Land, dated August 24, 2022. 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 Water Quality 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)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000 Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 2 of 11 This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Mooresville Regional Office within 24 hours (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. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. 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.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 3 of 11 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you have any questions or concerns. Sincerely, CA DocuSigned by: �w H pal, ,. for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc: Aliisa Harjuniemi, Carolina Wetland Services, aliisa@cws-inc.net Krysta Stygar, USACE Regulatory Field Office, krystynka.b.stygar@usace.army.mil Todd Bowers, EPA, Bowers.todd@Epa.gov DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINQ 919.7()7.9()()() oawu�em m ����m.i o�si� Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 4 of 11 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005107 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Casey Werner and Suncrest Real Estate & Land, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on June 30, 2022, and by Public Notice issued by the U. S. Army Corps of Engineers on July 1, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands - HF Fill 0.03 (acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: Stormwater Management: The applicant may provide documentation that the project will not impair water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater management plan. Any high density project and/or project that exceeds density thresholds must provide a stormwater management plan for the entire project, for review and approval including all forms and pertinent items that complies with the high density development requirements. Low density development shall meet all condition for stormwater management required by the state and be reviewed if required. The plan may be approved by the Division, State Stormwater Program or a local delegated authority. The plan shall consider the impact of the volume and velocity of discharge and runoff to the receiving stream and adjacent riparian areas to prevent scouring and erosions of the features. Citation: 15A NCAC 02U .1017, 15A NAC 02H .1003 (2)(a), 15 NCAC 028 .0614 (8), 15A NCAC 028 . 0607(h) 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. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 5 of 11 and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 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 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. Citation: 15A NCAC 02H .0506 (b)(3) and (c)(3) Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction of erosion on areas not related to ongoing construction, shortens basin holding times, increases turbidity of discharge and creates a greater potential of bypass discharge. 3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. Citation: 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. The permittee shall report to the DWR 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. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 6 of 11 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO2B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 7 of 11 adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 8 of 11 minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 10. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 9 of 11 12. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 10 of 11 15. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 16. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 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. 17. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT OAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� Suncrest Real Estate & Land DWR# 20190515 V3 Individual Certification #WQC005107 Page 11 of 11 This, the 24th day of August 2022 CA DocuSigned by: �w H pay ` for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ North Carolina Department of Environmental Quality I Division of Water Resources D ()7.9()()() R- ow512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NQ NORTH CAROLI7 .om �� m.io.si� 919. Nolen Farm - Horsley Property Attachments February 17, 2023 CWS Project No. 2021-0140 ATTACHMENT D: Proposed Impacts INTERMITTENT STREAM NO IMPACT \� EXISTING WETLAND +0.041 AC OF WETLAND' ,� TO BE REMOVED. \/0' `\��' ,�\+43,570 CF OF WETLAND TO BE FILLED EXISTING POND" EPHEMERAL STREAM B TO BE FILLED 1µ'I \,/,' \�/�'\\•� INTERMITTENT STREAM A NO IMPACT PROPERTY LINE ` �'/ `\ BMP #13rA 17 Ito I I I1It It (D ColeJenest&Stone BOLTON & MENK,INC. /\\` 'IIIIIII III/ I I 1 I __\•' ` �\ \`.. \� �\`�\\\ \ _`_ _ � „ � I III � I I\\\ _�� — \ \ \\ \ \ \`_\�� ��-� �/ \` •/^�\ \� /_.\\\\� \� 777 Ilk s �•� '/ �\��— --- __ —� _\`��::'.H'N,'"a:Pe'I:'.'•da'S'''?'i.Y'•.,"�:::: jl�i5«i::..; .�Yl.ei[E�! \\ \ GENERAL NOTES: N1) STREAM BEDS ARE NOT TO BE / DISTURBED FOR AN REASON OUTSIDE OF PERMITTED DISTURBED LIMITS `2) SILT FENCE TO BE INSTALLED PRIOR TO WALL CONSTRUCTION TO PREVENT ACCIDENTAL DISTURBANCE 0 ��� = II II II II II II II I II_ II II II II I �. YARDLEY STREET ,i 1 V "II 1� % jl II I �I r' /Ir I �I "II I II II II jl II I II II II II II II II II I I I I II I II j Ij 1 II II f- II II II I I I I- I 1_1 1 I 1 11-_I __ �I�,_i�-I� I SCALE: 1 "=200' z NOLEN FARM PHASE IV 0 100' 200' 400' WETLANDS IMPACT GASTONIA NORTH CAROLINA 2/7/2023 EftTIRG POND II 1 EXISTI%G WETLAND 1 1 1\ _\�:� \ `��� �` �\ •� \+0 641`, yAC OF WETLAND ..;�i� `\ T0 �E kEMOVED \ \ `�43,5ti� OF WETLAND M BE CID \ EP4�,EMtRAL, 'S F4M B ,B� ::�:: \ _ \\ `TO BE FJ1_LEIT.� v� 1 1BB i TTD F_B_A_NK _ ____ _ --- ____ �__ ____---___� _ ` : : ;: i . 13 1NIER�IJTT S7RE.�M A / it ------ ----------------------- ---- - -- -- -� �Op ��`' �f; \t - - __- NO IN1eAT `\\ _ __ _ _\ �@L ----- _______ -- �`� \ '.: :� - PRO RTY LIN\\� ------------ i ----- - - - - - - - - - - - - - - --- --__ - - - - - - - - - - - - - - - - - - - - - \ �S ` \\ ` \ :I -- - - - - - - - - - - - --------------- `�\\ `\\ \`` \ �` �\ \\ \\ \ \p,• \ .:. `. 720 (D ColeJenest&Stone BOLTON & NENK,INC. - r \ \ --- --- - - ------- / �710� ,73 / j/ SCALE: 1 "=50' z NOLEN FARM PHASE IV 0 25' 50' 100, WETLANDS IMPACT GASTONIA NORTH CAROLINA 2/7/2023 Nolen Farm - Horsley Property Attachments February 17, 2023 CWS Project No. 2021-0140 ATTACHMENT E: Alternative Site Plan -- - - -- —r Ij81a z,{T m l I I I I\ / I .B off' 46„64.5Si.00N_ -- = �8a�z7r, �B$'9t`,M..9Z.zay M \ .?;z'z�\ �vX10, o.lav _ \ ` \ \ 1 \\ \ \ � I ` � .8L'8L9 M..£L,99.00N , I_ a\`Z/T r \O n r. 1. . . . 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AREA I/1J111 I\ \ ``\ \ 1 `\\°\ `.-�\\\ /.�`� ` --- y \- r - — — -- - _ - -- __ __-__- ---` \ \ \. r� \ \ \\ SITE LOPE ±20.OAC = - -----' -- -- __ --- --- - \ \ \` 1. \\ TOTAL UNITS: AREA 48.86 AC H _ _ �` ------- I \_ \ I � `� � / ` `-- � � ^-;x-------_ - `-� ---------- -- \ i � \ `i \ LOT DIMENSIONS: 30'Wx 100'L ------- ��/,/� \ 7 `\ --- i = _- \ _ - -/ / ` °--------------------- \ \ \ \`� ` ,\ a ^ \ m\1 PAD DIMENSIONS: 24'W x 75'L —._._. \� / / _ ---_'� ' \ ��� `: /� ` < - - - �\ `.>� \`� -__ \ -1 \ ° SETBACKS: S FRONT ,--- -\��� , `� �`°1_- 3'SIDE IIIr\°'' /// - \� �\ ,/ ymm _ \ _ / `� \� r `\ / \� \ `-- ";T \ \ \T- ],- ice: 20' BACK %� `�, \�`,�`-C , PARCEL ID: 214193 J8 Ai\ \ ==`^�. --_� _ _/[\ `a ` 212362 ColeJenest & Stone PRESLEY - HORSLEY PROPERTY SUNCREST REAL ESTATE & LAND SITE PLAN WITH HORSLEY SURVEY m Project No. 4661 Issued03.11.22 SCALE: V=30' 0 15' 30' 60' -- -/ "- _ _- - ��4'/r''r I i tll�i I i r � ;''� ------ � � � \` \``\ \ `\ \ \ \ \ •' l '' \ �� i i ' — —' _---' _--- _ '- — / _ /' _ ' ,', ii ,''�' f Iera .4Z Zq Vie. 612 \�\ \ ` 1 I \ Cl.—N Qorya \ \ I �TTg _ I / oll-bN�weo13n3a,- - A3,lS3asi-' -- // \I\ 1`I\\\\ le°soh zsl ;e°soh lsl I I DI ;�; ;III ;II; I�1_�_/NI IIIIIII 111111 I \Ip\ Iq �I `Ip `Ip 111 Ill I I SFr III III SIj11 1I—i i I 11 r T. 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I 1 hull\ \\ IIII III IIII \� _ —> ---- —y____________ --__ -___ : — — —=—j11//lllj �\`I \ I\�\ \\\• `—\--_'�—=—=�-i—r_=_______ A _OT 8e.`\ \\ \I _ --_ice _- ----- — ` ^\ \ -- \ , \/' __ �� Jam/ ''b cr'3•so\ ,�; dal v@vdN4k aN\�`�\_� r� iJ%;9053UO\�\\ 'I ^ I, `^ t�, 6 � � �/ �-..�� a 1 ` �+.\ � \ \�`\ ,\unr' //_, ` ��\ \ d �\\ / �•,.� > � Ii 1 I I � i 1 � rl� l n ��_ I I � / /„' — �� \�`r / /�/' / LOT 82 d -_ \, \ \ ^\\ \P11/ \ \ `\\ \ \` _ \ l III I /I - \1 / \\e.oao sr Zi'S"}`'� \ `\ \ \\\\y�/ I \\ ••' ``�!/ \{-/-II�� Ij1�1I/ / e \ \ . ,I e 000 SFSC0A21 Mlol3W; Ilil r oms 3,v` .I aAb k�l�6wi1 9 j/N i IIII __ \ � \ \ ll/` _^\ \ l \ /\ \^` _ / , , II// I IIII I /' `,\ ``\ --/ ,� �\ 9oG-g �•�\'�'� % l —I' I, /\`w''�/'=' r \ nsc�e 131011 ',S/1 /'I � _ ' 1. ,% / -[or NQ(arLdy390a \:� ) /�/// l r--^ \ \ \ mom_ I / / / / / I / / / / / /, / /, / _J ' /9r \, I /__ .''y2 \ / •jg'`� v \I^— / `\vaaN'W93113 \ qs �z�ea`✓,\//�/// ! \` :/ \ ON IJb 11'W.0 \ \\ — �mF , ," J,/ _i 6 /i//i/ \ \ \ moo• \ \ ' _ \ _ ' / r I \�2J�J`°�' \ ` �.\ ` \ sa3rvnnD�w IMSv3.N3loN\Y,3 X` -\\\ /iCOi 5\ ``OrJ4 `; : 99�F/ 'i3,�\ or o- � \\ f ,\ / / / / I IA I I`�/'Il`. ``3 ';lV \.`8.8059R �`. ✓7 / \ \\`\\`�i . \ \ ��' � �\.\ �\ i/r / ,// / /��'/,/ j / I /' i'. • -- {.�: ox s�\`. /'� j'/ //'>• /soaag�,l�`Q 1 \\ Ir 11— —�'' I /__—_____ \ \ _ / I Lars h / \\l r, ' .' / /:' L0r z84 r a.000 SF ,/ SITE SUMMARY: LOT %✓. \\ ' e,co'�''\� \\\;a"�\�\`\\\\\\ _^\ /� i/ %''//i/ SITE AREA±20.0 AC '_ DEVELOPED AREA±5.86 AC r; TOTAL UNITS: 48 LOT DIMENSIONS: 30'Wx 1001 IT ageSF \ \\ ',.� \��\ _� \i '\ \ \ / II III ' / /'//i / / •" rr X.L--' >� % �:, \ \\\\\ / �j,J I / \ , 1 \ III �' ✓, ;, Cor 39� 9,18x S_— \�\`!;'. PAD DIMENSIONS: 24'Wx75'L SETBACKS: 3' SRONT DE �: ' \\II ♦ \ ' / — — �// 1 /I1 �_-�'/ �/' - _ > 395 , — / ,r-. '\v`.. 20' BACK Ae , .I l %,- _ ' -- ao2_� 'C PARCEL ID: 214193 P �\ \.J, L9°oc°g ,✓/r J =---- `\ \ \ I`�` I ! _='y%/p/ / '' j.' .'/ ,r/'.� - \ y-: - _ . _ 4_,'�rR i -� �ti �\r' 212362 �.. r ColeJenest PRESLEY - HORSLEY PROPERTY SITE PLAN WITH HORSLEY SURVEY m 81 Stone SUNCREST REAL ESTATE & LAND : Project No. 4661 Issued03.11.22 SCALEV=50' 0 25' 1' 100' Nolen Farm - Horsley Property Attachments February 17, 2023 CWS Project No. 2021-0140 ATTACHMENT F: Protected Species Assessment CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) December 7, 2021 Casey Werner, PE Suncrest Real Estate & Land 2701 East Camelback Rd #180 Biltmore Park, Phoenix, Arizona 85016 Subject: Protected Species Habitat Assessment Report Nolen Farm - Horsley Property Gastonia, North Carolina CWS Project No. 2021-0100 Dear Mr. Werner, Suncrest Real Estate & Land has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the Nolen Farm - Horsley Property. The Nolen Farm - Horsley Property is approximately 20 acres in extent and is located northwest of the Airport Road and Union Road intersection in Gastonia, 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 Gaston County' and Information for Planning and Consultation (IPAC) database2. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer' on November 23, 2021 tc 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 USFWS' and NCNHP' 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 United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 23, 2021. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/gaston.html 2 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac/ 3 North Carolina Natural Heritage Data Explorer. Accessed November 23, 2021. https:Hncnhde.natureserve.org/ ° 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-carolina-optimal-survey-windows-for-at-risk-and-listed-plants.pdf Accessed November 23, 2021. e 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 Nolen Farm - Horsley Property Protected Species Assessment Report December 7, 2021 CWS Project No. 2021-0140 Gaston County6 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, WPIT' and Arnie Hoy, WPIT conducted a pedestrian habitat assessment of the project area on November 23, 2021. 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)'. Results Based on the NCNHP data explorer review, there are no current occurrences of federally protected species within the project limits or within a one -mile radius of the project limits (Attachment A). The USFWS lists four federally protected species for Gaston County (Table 1). 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 Nolen Farm - Horsley Property, Gaston County, NC. Major Group Scientific Name Common Name Federal Status* Record Status Helianthus Schweinitz's Plant E Current schweinitzii sunflower Hexastylis Dwarf -flowered Plant T Current naniflora heartleaf Myotis Northern -long-eared Animal T Current septentrionalis bat Haliaeetus Animal Bald eagle BGPA Current leucocephalus * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act Three terrestrial community types were identified within the project area during the field survey. These community types consist of undeveloped forest, woody wetlands, and sewer line Right -of -Way (Figure 3). Of the identified on -site community types, the forested areas and sewer line Right -of -Way are considered potential habitat for federally threatened or endangered species that could potentially occur within the project limits. A brief description of each species habitat requirements and determination of effect findings are listed below by species. United States Department of Agriculture, 2021. Web Soil Survey of Gaston County, North Carolina. Accessed 11/23/2021. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_ leg.php Page 2 of 6 Nolen Farm - Horsley Property Protected Species Assessment Report December 7, 2021 CWS Project No. 2021-0140 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 199V 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 NCNHP data record review revealed that there are no current occurrences for this species within a one -mile radius of the project. A desktop review of the site was conducted on November 23, 2021, and determined that the Cecil and Pacolet soil series that have known Schweinitz's sunflower populations are found within the project limits. The sewer line Right -of -Way within the project limits are too frequently maintained to be supportive habitat (Photographs 1 and 2). The majority of the site is forested which does not provide adequate sunlight to support Schweinitz's sunflower (Photograph 3). No individuals of this species were observed. This assessment was completed outside the optimal survey window for this species. Due to the lack of potential habitat, CWS concludes that the project will have no effect on the Schweinitz's sunflower. Dwarf -flowered heartleaf (Hexastvlis 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 rather 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 developed lands; areas converted to pasture, orchards, and tree plantations; roadside rights -of -way; and on upland slopes surrounding man-made ponds or lakes." Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project. The desktop 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/frl852.pdf. 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-guides.aspx Page 3 of 6 Nolen Farm - Horsley Property Protected Species Assessment Report December 7, 2021 CWS Project No. 2021-0140 review and field survey assessment determined that the Pacolet soil series associated with the dwarf -flowered heartleaf is found in the north -central portion near Stream A, which could be potential habitat (Figure 3; Photograph 3). However, species commonly associated with the dwarf -flowered heartleaf, such as mountain -laurel (Kalmia latifolia), were not observed on -site. No individuals of the Hexastylis genus were observed within this area. Due to lack of observation, CWS concludes that the project will have no effect on the dwarf -flowered heartleaf. Northern Iona -eared bat (M, otv is septentrionalis) The northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests and woodlots containing live trees and/or dead snags greater than three inches diameter at breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions such as culverts greater than 48-inch in diameter." The NLEB was listed as Threatened (T) on April 2, 2015. The forested areas within the property are potential habitats for the NLEB. No culverts greater than 48-inch were observed within the study area. The Nolen Farm - Horsley Property is within range of the NLEB 12. However, there are no known hibernaculum within 0.25 miles from a site and no known occupied maternity roost within 150 feet. In accordance with the final 4(d) rule (effective as of February 16, 2016), any incidental take that may result from associated activities is exempt under the 4(d) rule. Therefore, the project as proposed is exempt under the 4(d) rule. Bald ea,lclee (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act,13 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 23, 2021 using 2021 color aerials. The on -site freshwater pond is potentially large enough and sufficiently open to be considered a potential feeding source. According to the NCNHP database, there are no current occurrences of this species within 1.0 mile of the project study area. 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 observations, CWS concludes that this project will have no effect on this species. United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule. https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf 12 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf 13 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 4 of 6 Nolen Farm - Horsley Property Protected Species Assessment Report December 7, 2021 CWS Project No. 2021-0140 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 supportive habitat was observed for Schweinitz's sunflower or dwarf -flowered heartleaf. Suitable habitat was observed for bald eagle, but no bald eagles or bald eagle nests were observed within the study area at the time of the site visit. CWS has concluded that activities within the project area will not directly or indirectly jeopardize the continued existence of Schweinitz's sunflower, dwarf -flowered heartleaf, or bald eagle. Based on the project area location, no tree removal activities will occur within a 150-foot radius of a known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take on NLEB that may result from associated activities is exempt under the 4(d) rule and notifications will follow the SLOPES agreement14 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 No Effect Hexastylis naniflora Dwarf -flowered heartleaf T No Effect Myotis septentrionalis Northern -long-eared bat T Exempt Haliaeetus leucocephalus Bald eagle BGPA No Effect * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act 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. Should the lead federal agency agree with CWS's initial findings of no effect, then no USFWS consultation is required to comply with Section 7 of the Endangered Species Act. Should the lead federal agency's determination of effect differ from the findings of CWS, formal or informal consultation with USFWS may be required. 14 http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.htmI Page 5 of 6 Nolen Farm - Horsley Property Protected Species Assessment Report December 7, 2021 CWS Project No. 2021-0140 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 megan@cws-inc.net should you have any questions or comments regarding this report. Sincerely, IQr' B,&,- 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 Gaston County Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-4) Page 6 of 6 D.N Sch U,IFTtYOOD U++ - F .. �� �'°�' •mom , "A eels : EI em sch [T ORc i y- a-1 t` ba v0F9 tVaR7H CAROLINA - - Legend i 4M1» pF•I Project Limits (20 ac.) 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BELMONT, NC (2019). SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 11/22/2021 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2021-0140 ALH Nolen Farm - Horsley Property COORDINATES: CHECKED BY: GAR ❑ L I N A Gaston County 35.1792241-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolen Farm - Horsley Property\PETS\ArcGIS\Figure1_Topo.mxd 9Kay"M.■ WeD,. Va B VaDI ApB -\ Ce ApB y CeB2 D2 LdB2 •�4' -w 411" 0 7J_� i VVfj �- Z cT l � 7�w � VVnB Ld B2\ Wn D i✓ 1 n I, � r2P AN_ 4eB2 - eB LdB2 CeD2 e CeD� Np aB WbA CeB2 NgMF W aD I [IV j4�eD CeB2 �( Va CeB2 HeB VaB qp CeB2 B VaD �O dB PaE e \ Wo LdB2 B LdB2 I a Wo WnD L In C WnD ApB CeB2 aB e — L�2 CeB2 J LdB2 e 2 A �� dB He - ■ HeB CeB2 Legend Soil Unit Name and Description Hydric lCoverage (%) CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No 44.4 CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No 38.3 PaE Pacolet sandy loam, 15 to 25 percent slopes No 11.8 W Water N/A 5.5 Total Coverage 100 Z In + vaD Project Limits (20 ac.) W Ch V g CeB Roads CeB 2VaD - 2,000 1,000 0 2,000 Feet REFERENCE : USDA-NRCS WEB SOIL SURVEY OF GASTON COUNTY, NC, DATED 2021. Ldg2 W B SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 2,000 feet 12/6/2021 y CWS PROJECT NO: DRAWN BY: of Gaston County 2021-0140 ALH Nolen Farm - Horsley Property COORDINATES: CHECKED BY: GAR ❑ L I N A Gaston County 2 35.179224,-81.11926 AVH WETLAND SERVICES Gastonia, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\PETS\ArcGIS\Figure2_Current.mxd G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0140 Nolan Farm Horsley Property\PETS\ArcGIS\Figure3_Aerial.mxd Nolen Farm - Horsley Property Attachments December 7, 2021 CWS Project No. 2021-0140 ATTAC H M E N T A: NCNHP Data Review Report Roy Cooper, Governor III� ■■ME INC DEPARTMENT OF vio■p NATURAL AND CULTURAL RESOURCES ■ ■G■ November 23, 2021 Arnie Hoy Carolina Wetland Services 550 East Westinghouse Blvd Charlotte, NC 28273 RE: Nolan Farm; 2021-0140 Dear Arnie Hoy: D_ Reid Wilson, Secretary Misty Buchanan De" Director, Natural Heritage Program N CN H DE-16405 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: httos://www.fws.ciov/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 rodney.butler(�ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N JONES STREET. R ALEIGH- NC 27803 • 1rSI HAIL SFNVK:E c.£r�TEP. PAL DGH, Nz 27G99 pFC J19.707.9120 • FAX 919,70_ gSV1 \ 2 3 / \ E e ) z \ \ '0 \ n % 5§ / �\ 0 2\ a _ (_ \ \/ (D E cm5{ ° 7» [ ©3 6 c e= (s g Ee CD ® \ /> / \U \\ \ gg 2c 2 Z\ 4 \� -C% a 7 \/LO 0 t e ± \{ mEg =%o%/ 4 >G t / ® ^ m u / / \ c(: E y m 2 u 2\ Cl- < g CD C CD \ 0z \ \ �\ u 4* 0 2 \^ / \ q >3 9 \ \ J 0 \ Z ± 0 D \/ \ // \ e \ ( \ \\ \ o c} ± % O //\/ \{ » 0 \_ 1 \ \{ \ \ 0 E c\ \ � c\ _/ J \ » \ 2 O > ( { \ co° \/ E \ \ � 0 \ D E ° e % tj \ .\{\ //E cmy c G \ m / m 0 / 2 u 0 / 2 \ \ = 4 f \ \ \ \ \ s� %j / t \ 1 ƒ \ \ ( 3 Z \ - Co \ \ / / / / / \ \ _ E L co U- c co 0 z 6 a It co r i w z U z m L n, 0 o a N m a7 N Co O tu 9 a m E z W,, u Nolen Farm - Horsley Property Attachments December 7, 2021 CWS Project No. 2021-0140 ATTACHMENT B: Photopage (Photographs 1-4) Nolen Farm - Horsley Property Attachment B: Photopage December 7, 2021 CWS Project No. 2021-0140 Photograph 1. View of unsuitable habitat for Schweinitz's sunflower and dwarf -flowered heartleaf, facing southeast. Photograph 2. View of unsuitable habitat for Schweinitz's sunflower and dwarf -flowered heartleaf, facing northwest. Photopage 1 of 2 .u-`,fix. ( x_iB3 3.• _a2.;•x -. . ` r of :f � rj is 'p� � �' f '�,p. - `-• I�' '4[' ► .r , , ;'�.: ��.: � • e _ �.-'/- y •-,�/w. ma's 1/ ' �!: _/ •� !' µ+_ '� pjs IV; .,;�""• r -- may'. '-r,r ! - ,-. ems'.-• __���'.l'_+ � .t. . - r � � � y -_. .•.�-`- Y� ` ri' _ y��-�•�^=:';,-' � - -- � -. �-mow - _ ._ - x.� _ ,� . Nolen Farm - Horsley Property Attachments February 17, 2023 CWS Project No. 2021-0140 ATTACHMENT G: SHPO Letter North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson February 15, 2022 Megan Bollero, WPIT Project Scientist Carolina Wetland Services Inc. 550 E Westinghouse Boulevard Charlotte, NC 28273 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. me _ an e,cws-inc.net Re: Construct Nolen Farm residential subdivision, northwest of Airport Road and Union Road intersection, Gastonia, Gaston County, ER 22-0200 Dear Ms. Bollero: Thank you for your letter of January 18, 2022, regarding the above -referenced undertaking. 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. (1� Sincerely, « 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: (919) 807-6570/807-6599