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HomeMy WebLinkAbout20230394 Ver 1_ePCN Application_20230313Angela Petros From: Angela Petros Sent: Wednesday, December 21, 2022 7:58 AM To: 401 PreFile Subject: Brantley NWP 29 Pre -Application To Whom It May Concern, Atlas will be submitting an NWP 29 application for the Brantley project. This project is in Mooresville (Iredell County). This project is a Residential project. Prestige Corporate Development is the applicant. Angela Petros ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 965-1219 mobile www.atlasenvi.com Offices in Asheville and Charlotte ENVIRONMENTAL 1 Preliminary ORM Data Entry Fields for New Actions SAW-2022-01196 Prepare file folder n 1. Project Name [PCN Form A2a]: Brantley BEGIN DATE [Received Date]: Assign Action ID Number in ORM pi 2. Work Type: Private pi Institutional pi Government pi Commercial pi 3. Project Description / Purpose [PCN Form B3d and B3e]: The project purpose is for the construction of a residential subdivision. 4. Property Owner / Applicant [PCN Form A3 or A4]: Owner: Sandra B Johnson & Gary W Bowles Applicant: Prestige Corporate Development, LLC Attn: Alex Bonda 5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertsont 6. Related Action ID Number(s) [PCN Form B5b]: SAW-2022-01 196 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 110 Summer Pines Lane Mooresville, NC 28115 Lat: 35.554029° Long: -80.779661 ° 8. Project Location - Tax Parcel ID [PCN Form B1a]: 4676111321, 4676113855, and 4676016658 9. Project Location — County [PCN Form A2b]: Iredell 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mooresville 11. Project Information — Nearest Waterbody [PCN Form B2a]: Rocky River, Class C, Index #: 13-17 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Rocky, 03040105 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29/18 n Regional General Permit # n Jurisdictional Determination Request Pre -Application Request Unauthorized Activity n Compliance n No Permit Required Revised 20150602 US Army Corps of Engineers Charlotte Regulatory Field Office Attn: Krystynka B. Stygar 8430 University Executive Park Drive, Suite 611 Charlotte, NC 28262 Re: Brantley 110 Summer Pines Lane Mooresville, NC 28115 Nationwide Permit 29/18 Verification Request Krysta and Paul, March 13, 2023 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Paul Wojoski 1617 Mail Service Center Raleigh, NC 227699-1617 The applicant, Alex Bonda of Prestige Corporate Development, LLC, is requesting approval of the enclosed Nationwide Permit 29/18 verification for unavoidable impacts to potential Waters of the United States. The delineation occurred on January 19, 2023 and the preliminary jurisdictional determination was issued on August 08, 2022. The surrounding area consists predominantly of residential homes and commercial development. The land use of the review area is mostly cleared with forested areas within the Eastern region of the review area. At the time of the site visit, seven structures were observed within the review area including the R E Brantley House, a vacant mobile home, four outbuildings, and a well house. The project purpose is for the construction of a residential subdivision including 57 units. Unavoidable impacts to potential waters of the United States include one permanent wetland impact and two permanent stream impacts. Impact S1 (91 LF, 0.007 acre) is to channel CH 300 and is a permanent stream impact for a road crossing to gain access to the Northern and Eastern sections of the review area. This impact will be permitted under NWP 29. Impact S2 (12 LF, 0.001 acre, 1.20 Cu/Yds) is to channel CH 200 and is associated with a fill slope located within the FEMA 100-year floodplain. This impact will be permitted under NWP 18. Impact W1 (0.005 acre, 3.96 Cu/Yds) is to wetland WL 2000 and is for the construction of a walking trail located within the FEMA 100-year floodplain. This impact will be permitted under NWP 18. The project has been designed and engineered to avoid and minimize impacts to the greatest extent possible. The proposed impact at S1 includes the construction of retaining walls at the upper and lower limits of the impact and has also been designed at a relatively straight section of channel to further minimize the linear footage of impacts. The construction of the downstream headwall is also avoiding impacts to ATLASEnvironmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 (m) / 828-712-9205 (m) / 980-819-7780 (o) / 980-819-7876 (f) www.atlasenvi.com / Offices in Asheville, Charlotte, and Raleigh AS elEaK I-RONMENTAL wetland WL 3200. Impact S2 and W1 are proposed to an herbaceous wetland located in a field and to a short intermittent channel below a spring box. Enclosed are the necessary permit documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, JULUIJ J11 ILIQ1I r .V ., PWS Senior Environmental Specialist Atlas Environmental Inc. ATLASEnvironmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 (m) / 828-712-9205 (m) / 980-819-7780 (o) / 980-819-7876 (f) www.atlasenvi.com / Offices in Asheville, Charlotte, and Raleigh 'fLAS NVIRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Brantley Project Name: Property Owner of Record: Contact Name: Address: Address: Phone/Fax Number: Email Address: Project Address: Project Address: Tax PIN: Signature: Date: Sandra B Johnson & Gary W Bowles Alex Bonda 21000 Torrence Chapel Road, Suite 100 Cornelius, NC 28031 803.979.7172 Alex.Bonda@pcdlIc.net 110 Summer Pines Lane Mooresville, NC 28115 4676111321, 4676113855, 4676016658 05/19/2022 Environmental Inc. 338 5. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (a) / 828-712-9205 (m) irobertson@atlasenyl.com www.atlasenvl.com 1/20/22, 11:04 AM Property Data Iredell County Property Data Parcel Number: 4676111321.000 Inquiry Date: 1/20/2022 Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, the County does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. rroperty reap Owner/Property Info Tax Account Number: 80062329 Old Parcel Number: 0301E00000A079 Owner Name: JOHNSON SANDRA B+GARY W BOWLES Mailing Address: 123 E WATERLYNN RD MOORESVILLE NC 28117 Property Location: CODDLE CREEK HWY Lot Number: Null Legal Description: WHITE SR1146 Township Code: 03 City Code:o0 Neighborhood Code: 03012 Value Information - Current Year Property Record Card (PRC) Building Value: o Other Building Features: o Land Value: 105880 Tax Assessed Value: 10588o Deferred: o Land Information - Register of Deeds Online Search web3.mobile311.com/IredellReport/report.aspx?PIN=4676111321.000 1/2 1/20/22, 11:04 AM Property Data Date Recorded Document Type Deed Book Deed Page Plat Book & Page Land Area Land Type Zoning 20180304 WB 26 RA Tax Information Exemption Tax Code 1 Tax Code 2 Tax Code 3 Tax Code 4 Tax Code 5 Null C ADVLTAX Null FRO6ADVLTAX SCO3ADVLTAX Null Current Zoning Contact Info. Iredell County 704.878.3118 Harmony 704.878.3118 Love Valley 704.878.3118 City of Statesville 704.878.3575 Town of Troutman 704.528.7600 Town of Mooresville 704.662.7040 Village of Davidson 704.892.7591 web3.mobile311.com/IredellReport/report.aspx?PIN=4676111321.000 2/2 1/20/22, 11:06 AM Property Data Iredell County Property Data Parcel Number: 4676113855.000 Inquiry Date: 1/20/2022 Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, the County does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. rroperty reap 105 .• 107 103. • • • 1s�da1 106 102 106 } - ` J tI f a il 110 1 1 .• i & 129 • Owner/Property Info Tax Account Number: 80062329 Old Parcel Number: 0301E00000A153 Owner Name: JOHNSON SANDRA B+GARY W BOWLES Mailing Address: 123 E WATERLYNN RD MOORESVILLE NC 28117 Property Location: SUMMER PINES LN Lot Number: Legal Description: SR1146 lion Township Code: 03 City Code: Null Neighborhood Code: 03012 Value Information - Current Year Property Record Card (PRC) Building Value: 44620 Other Building Features: 2450 Land Value: 105050 Tax Assessed Value: 152120 Deferred: 0 Land Information - Register of Deeds Online Search web3.mobile311.com/IredellReport/report.aspx?PI N=4676113855.000 1/2 1/20/22, 11:06 AM Property Data Date Recorded Document Type Deed Book Deed Page Plat Book & Page Land Area Land Type Zoning 20180304 WB 26 RA Tax Information Exemption Tax Code 1 Tax Code 2 Tax Code 3 Tax Code 4 Tax Code 5 Null C ADVLTAX Null FRO6ADVLTAX SCO3ADVLTAX Null Current Zoning Contact Info. Iredell County 704.878.3118 Harmony 704.878.3118 Love Valley 704.878.3118 City of Statesville 704.878.3575 Town of Troutman 704.528.7600 Town of Mooresville 704.662.7040 Village of Davidson 704.892.7591 web3.mobile311.com/IredellReport/report.aspx?PIN=4676113855.000 2/2 1/20/22, 11:07 AM Property Data Iredell County Property Data Parcel Number: 4676016658.000 Inquiry Date: 1/20/2022 Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, the County does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. rroperty reap 127 • Owner/Property Info Tax Account Number: 80062329 Old Parcel Number: Owner Name: JOHNSON SANDRA B+GARY W BOWLES Mailing Address: 123 E WATERLYNN RD MOORESVILLE NC 28117 Property Location: SUMMER PINES LN Lot Number: Legal Description: BOWLES SR1146 Township Code: 03 City Code: Null Neighborhood Code: 03012 Value Information - Current Year Property Record Card (PRC) Building Value: 5070 Other Building Features: 23400 Land Value: 164830 Tax Assessed Value: 193300 Deferred: o Land Information - Register of Deeds Online Search web3.mobile311.com/IredellReport/report.aspx?PI N=4676016658.000 107 1.03 • bay 106: TG' • Yk 102 • rti tP 106 1/2 1/20/22, 11:07 AM Property Data Date Recorded Document Type Deed Book Deed Page Plat Book & Page Land Area Land Type Zoning 20180304 WB 26 RA Tax Information Exemption Tax Code 1 Tax Code 2 Tax Code 3 Tax Code 4 Tax Code 5 Null C ADVLTAX Null FRO6ADVLTAX SCO3ADVLTAX Null Current Zoning Contact Info. Iredell County 704.878.3118 Harmony 704.878.3118 Love Valley 704.878.3118 City of Statesville 704.878.3575 Town of Troutman 704.528.7600 Town of Mooresville 704.662.7040 Village of Davidson 704.892.7591 web3.mobile311.com/IredellReport/report.aspx?PIN=4676016658.000 2/2 Legend O Review Area Streets Iredell Co. Parcels 2 Ft Contours Delineation Perennial Intermittent Wetland ONMENTAL Aquatic Resource Sketch Mitt‘° ommiL Detail 1: Page 3 Detail Page 5 Detail 2 Page 4 Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Coordinates: 35.554029, -80.779661 Date: June 22, 2022 Page 1 of 5 Figure: la DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process? * Yes No Is this project a public transportation project?* Yes No Change only If needed. Pre -Filing Meeting Date Request was submitted on: 12/21/2022 BIMS # Assigned * Version#* 20230394 1 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: Brantley la. Who is the Primary Contact?* Alex Bonda 1b. Primary Contact Email: * lc. Primary Contact Phone: * alex.bonda@pcdllc.net (804)979-7172 Date Submitted 3/13/2023 Nearest Body of Water Rocky River Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: 35.554029 A. Processing Information Longitude: -80.779661 Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Iredell Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 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): NWP 18 ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. 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 Id. 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: Sandra B Johnson & Gary W Bowles 2b. Deed book and page no.: 19E / 26 (all 3 parcels) 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 123 E Waterlynn Rd Address Line 2 City State / Province / Region Mooresville North Carolina Postal / Zip Code Country 28117 United States Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)634-0798 2g. Email Address:* alex.bonda@pcdlIc.net 3. Applicant Information (if different from owner) 3a. Name: Alex Bonda 3b. Business Name: Prestige Corporate Development, LLC 3c. Address Street Address 7224 Jameson Way Address Line 2 City State / Province / Region Stanley North Carolina Postal / Zip Code Country 28164 United States 3d. Telephone Number: 3e. Fax Number: (804)979-7172 3f. Email Address:* alex.bonda@pcdlIc.net 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental Inc. 4c. Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 City State / Province / Region Charlotte North Carolina Postal / Zip Code Country 28211 United States 4d. Telephone Number: 4e. Fax Number: (704)512-1206 4f. Email Address:* jrobertson@atlasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Brantley Subdivision lc. Nearest municipality / town: Mooresville 2. Project Identification 2a. Property Identification Number: 4676111321,4676113855,4676016658 2b. Property size: 23.56 2c. Project Address Street Address 110 Summer Pines Lane Address Line 2 City State / Province / Region Mooresville North Carolina Postal / Zip Code Country 28115 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Rocky River 3b. Water Resources Classification of nearest receiving water: * Class C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050102 4. Project Description and History 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 land use of the review area is predominantly cleared with forested areas located within the Eastern region of the review area. At the time of the site visit, seven structures were observed within the review area including the R E Brantley House, a vacant mobile home, four outbuildings, and a well house. The surrounding area consists predominantly of residential homes and commercial development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.175 4g. List the total estimated linear feet of all existing streams on the property: 1,891 4h. Explain the purpose of the proposed project: * The project purpose is for the construction of a residential development 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed development will include the construction of a residential subdivision including 57 lots, roadways, stormwater treatment, utilities, and additional necessary infrastructure. The project will require mechanized land clearing for grading and earth moving for preparation of the lots and additional construction. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: January 19 and June 21, 2023 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-2022-01196 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Atlas Staff Atlas Environemtal 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD issued: 08/08/2022 6. Future Project Plans 6a. Is this a phased project? * Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Walking Path P Seep WL 2000 No Both 0.005 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.005 2g. Total Permanent Wetland Impact 0.005 2i. Comments: Impact W1 is being permitted under NWP 18 due to being located with the FEMA 100-year floodplain. The calculated fill volume is - 3.96 cubic yards. 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* SI Road Crossing Permanent Culvert CH 300 Perennial Both 3 Average (feet) 91 (linear feet) S2 Fill Slope Permanent Fill CH 200 Intermittent Both 4 Average (feet) 12 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 103 3i. Total stream and ditch impacts: 103 3i. Total temporary stream impacts: 0 3j. Comments: S1 is being permitted under NWP 29 S2 is being permitted under NWP 18 due to being located within a FEMA 100-Year floodplain. The calculated volume of fill is - 1.20 Cu/Yds. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has been designed and engineered to avoid and minimize impacts to the greatest extent possible including the size and positioning of the lots, roads, and stormwater control measures. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A retaining wall is being constructed at both the upper and lower limits of impact S1 which is drastically reducing the impact area and length. Additionally, the impact location was chosen due to being a relatively straight section of channel. The downstream retaining wall is also avoiding impacts to WL 3200 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 impacts are under the mitigation threshold. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The proposed impacts/project area is not adjacent to State protected riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II HWQ or ORW Comments: Coastal Counties Other No Program Identified The proposed development includes the construction of three stormwater control measures. The Post -Construction Stormwater Permitting Map indicates "No Stormwater Program" and that the site is located a unincorporated area, no program was identified. G. Supplementary Information O 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. This is a single and complete project which will not result in additional development. 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. Project is connecting to existing sanitary sewer 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC, NHP and field assessment 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? * Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? * NC HPO Buffer map, see attached NC HPO comment letters 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: The project engineer is coordinating all FEMA requirements 8c. What source(s) did you use to make the floodplain determination? * FEMA NFHL google earth.kml layer Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Brantley ePCN attachments Compressed.pdf 6.4MB 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: Jacob Sinclair Signature Try y Siiir/iu'G Date 3/13/2023 Aquatic Resource Sketch Map • Legend O Review Area l� Iredell Co. Parcels Streets NC One Map Aerial Imagery Delineation Perennial Intermittent Wetland Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Page 2 of 5 Figure: 1 b Coordinates: 35.554029, -80.779661 Date: June 22, 2022 Potential Non Wetland CH 100: — 431 LF, 0.062 Ac. Legend O Review Area Iredell Co. Parcels Streets 2 Ft Contours Delineation Perennial Intermittent Wetland Aquatic Resource Sketch Map Potential Non Wetland CH 200: — 68 LF, 0.004 Ac. Potential Wetland WL 2000: 0.037 Ac. 0 50 100 150 200 Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Page 3 of 5 Detail: 1 Figure: lc Coordinates: 35.554029, -80.779661 Date: June 22, 2022 Aquatic Resource Sketch Map Legend O Review Area Streets Iredell Co. Parcels 2 Ft Contours Delineation Perennial Intermittent Wetland Potential Wetland WL 3100: 0.003 Ac. Potential Wetland WL 3300: 0.011 Ac. Potential Non Wetland CH 300: — 1335 LF, 0.096 Ac. Potential Wetland WL 3000: 0.121 Ac. Potential Wetland WL 3200: 0.005 Ac. 0 50 100 150 200 Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Page 4of5 Detail: 2 Figure: 1 d Coordinates: 35.554029, -80.779661 Date: June 22, 2022 Aquatic Resource Sketch M Legend O Review Area Streets Iredell Co. Parcels 2 Ft Contours Delineation Perennial Intermittent Wetland P CH 300 Continued Potential Non Wetland CH 400: — 57 LF, 0.003 Ac. 0 50 100 150 200 Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Page 5 of 5 Detail: 3 Figure: 1 e Coordinates: 35.554029, -80.779661 Date: June 22, 2022 SHEET INDEX 1. COVER SHEET '2. WATER DISTRIBUTION PLAN 3. SEWER TRUNK (EX MH TO MH 5) 4. FORDINGBRIDGE LANE (MH 5 TO MH 8) 5. VENTNOR WAY (MH 8 TO MH 9) WINTERS OAK LANE (MH 9 TO MH 10) 6. BROMYARD TRAIL (MH 3 TO MH 14) VENTNOR WAY (MH 13 TO MH 15) 7. WATER SPECIFICATIONS 8. WATER DETAILS 9. SEWER SPECIFICATIONS 10. SEWER DETAILS 11. SEWER DETAILS G-4.0 Water and/or Sanitary Sewer Notes: 1. The most current edition of the Town of Mooresville Land Development Design Standards will govern all water and sanitary sewer construction. 2. Water meters, and sewer clean outs shall be located at the right-of-way line. 3. Water and sewer connections shall be beside each other at the center of each lot. Connections are to be spaced not more than 30" center to center and have 2" x 2" stakes placed on each side. Stakes shall be flagged or painted for visibility. 4. Water and sewer connections (including meter boxes, cleanouts and service lines) may not be located in driveways. 5. Hydrants shall be placed preferably at lot lines a minimum of one foot behind the curb, within the planting strip. 6. Field construction materials tests by an independent testing lab are to be made as directed by the Town Inspector at no expense to the Town. NOW OR FORMERLy in'ONA D. mxd�s ZONING (MOORESVILLE) NOTE NEWEL 50 0-1.0 - 0 ARE INTERRED .FOR PLUM FRNSTE 1311015g1RUCTURE REWIRED TO BE OOLT TO TO. STYI01ROS. THESE NOTES 00 HOT HbtOSMtY ,PREY TO OPoKs, S. PFARI9C LOTS, 09 PRWRTE WATER R10 SERER. 4.: WCN I SH4.I. RE N R..ip0ONICE N. THE MOST RECENT TO. OF ae.ere Ira00: I Cor .wra resporelb*e for I0,F1F0 HI m,n1n0u1i1111e pnee 1031111040a151111e.un 161.meim Nmol ENC. 3b3N to .rlelmemf .1J se.:.W in uwrdua 701h FIN clvr r1.w.nr 737111e L.l1a.+1,37,-0.0, 37EDENR 3 .wH1..pn . Nwu1Ne 1.n,r sr.!, e,1p01..1, run.. ,.1w*1Nx b5 mere.. Eq..•.1.. r RANO ,M.uNi Iw.,,,.e.d .:1hh1 e. Add -or., ememars.hJl he prmx ,L fewixd .M Lined aced.& e.d molded 1mm,d1My NNE 1 1r.I ¢a..u..1,,.,xrnno.. II a, ewe RER I.WI SQUARE TEES, T_ Lc [ Scple 1.114x11...1.;ylyl...Nal • «,1,10r11.d xnaa I IN1 %d1•>133-13 ofSJr.50rmvlr., Wewor: oe..0 WI^- - I Ih er.y,tppl ,qpp... Int...t•Wlwpl nlµwl TT InhI,e0. 1. rb ofrnm.l ...INN 1111 SRN. 151 Tb Ornr W e rl.io1 rp ud I s 071w N.yw 13T ryn 1.17. mew,. al. min i... 6.4ebo•.n..0 be gy,nwElrrf. TN.....TN......r 5. Erronn flmlxreplmce by the Es.a me LW.•per•rhls.pemWWI 17111nl,IS. be 1npml,hle Fx m11um0e111,1 Nr 0.1011m e1 OS prminl. aac.,,0,1 .111111c Tryon R. The Cm11.,0 m.11R,e a copy or 111e ypolef NTw r tree.. erem.hmenl WTuexnu n Ihej0b a. prig b bsa.ml2 a, ••rk ..1161n 77ED3Tl 11yhl.,r-.. 01174.7s r,.,<r„e.,..,1.. x�,.1,w rr1.a. free. F..N11wIm • ,lr mher opcnum. ,m11elu1 000 mama dull beelpole ofb.ns asp.... by n a, M1bo.o_a1r11amenrg1. ,aRring hlpn,or RlRS 'Amend, wviNble For eiafll laps. Fr a 1e.urof by me Toro Igo. rh.l be fenced « p e1 x1Rl,deo..c1f111 m,1.31. • TGWR OF MOORESIn e R RENEFLAL .TER GENERAL NOTES RRodI.dORARPIo. Re..a DESIGN COMPANY. YARBROUGH WILLIAMS & HOULE. INC. PLANS PREPARED BY: VINCENT G KEENE ADDRESS: P.O. BOX 1198, PINEVILLE, N.C. 28134 PHONE, (704)556-1990 FAX, (704)556-0505 EMAIL. VINCEK@Y-WH.COM DATE DESIGN COMPLETED. AUGUST 4 2022 SURVEY COMPANY: YARBROUGH-WILLIAMS & HOULE, INC. SURVEYED BY: JOSEPH EARL WHALEY ADDRESS: P.O. BOX 1198. PINEVILLE, N.C. 28134 PHONE. (704) 556-1990 FAX. (704) 556-0505 EMAIL. JOEW@Y-WH.COM DATE SURVEY COMPLETED: AUGUST 4, 2022 OWNER. PRESTIGE CORPORATE DEVELOPMENT, LLC DEVELOPER: PRESTIGE CORPORATE DEVELOPMENT, LLC CONTACT: TOMMY LEPPERT ADDRESS: 21000 TORRENCE CHAPEL ROAD, SUITE 100, CORNELIUS, NC, 28031 PHONE 704-751-7110 EMAIL. TOMMY.LEPPERT@PCDLLC.NET CONTRACTOR: INSPECTOR: TOWN OF MOORESVILLE WATER AND SEWER DISTRICT ENGINEERING DEPARTMENT SANITARY SEWER AND WATER DISTRIBUTION TO SERVE inin A NTrTfllf MT FFir NOW OR FORMERLY 3'e,-9 kkk DEED: 77B-866. I ll I I LI A EAST sn4 NOW OR FORMER, 7/ «R*000NERATN *01oo / / RA ONI EXISTING 12" n'1aw 1���� / "T°aR o> I / ON c (IRRORW. COVN 1° / "'MAN.' R,a�oeR & NA abN ;I oo / RA ZON G n'PwELL COUNTY) / 1 / DELL COUNTY,// RR, NOWOR FORMERLY JOHNSMN, VICTOR A Ill xA zON c)mcOOcw, Co°Nr,9 w.41111116.. F \\ Far II I I 100 'I I / 1)/ o /o / / // / GRAPHIC SCALE a 100 200 IN FEET ) 1 inch = 100 ft. NOW OR FORMERLY DEED, 14£19-1177 ZNNeoDu3 RA OG Econ"rr) I =.8"WATERMAIN H EET 2 13 LF. 2" WATERMAIN E SHEET 2 DEED. 2826-670 UN,' 4670132033.000 9N1Na ORE... COUNTY) RA ZONING' (Rmeu. COONTAO 400 (Detail 1: Page 2 \ N 1 W- -E / SUMMARY OF SEWER MAINS 512E LENGTH 8" 3,019.50 SUMMARY OF WATER MAINS SIZE LENGTH R" 2,499.00 21' 83 SUMMARY OF STORM DRAIN SIZE LENGTH 15" 1791 18" 1590 24" 3481 35" 45 60" 105 SUMMARY OF ROAD CENTERLINE BROMYARD TRAIL 777 FORLIN08RIDGE LANE 841 VENTNOR WAY 882 WINTERS OAKS LANE 190 TOTAL 2,690.00 Town of Mooresville, North Carolina Plan Approval for Roadway, Drainage, Water & Sewer Director or Engineering Date Fire Department Date Planning Department Date Town of Mooresville, North Carolina As -Built Certification certify that these plans (including roadway,water, sewer, and drainage) lad haveinlet measurements verification andbm a nis nd the information contained u on these plans is accurate to the best of my knowledge. Seal Professional Engineer or Professional Land Surveyor Date NECESSARY TO INSURE SAFE Td THE PUBLIC.. 3). ALL PAVEMENT CUTS. CONCRETE OR ASPHALT. ARE TO BE REPLACED ACCORDING TO Know what's below. SOUTH CAROLINA STANDARDS OF TRANSPORTATION AND LCWsD CBI( before you dig. sP South Carolina One -Call Center TRENCHING s PART 1926 SUBPART P. Dial 811 WWW.SC811.ORG oR As AHHEr1DED. PROJECT INFORMATION PARCEL #. 46 ]6-11-0635 DEED BOOK/PAGE D 8. 2921 PG. 1351 SITE ADDRESS CODDLE CREEK HIGHWAY (NC HIGHWAY P3) ZONING'. RD (R-3 UNDER 2008 ORDINANCE) 'SITE IS GRANDFATHERED UNDER 2008 ORDINANCE GROSS SITE AREA. 21 870 AC. PROPOSED USE'. SINGLE FAMILY RESIDENTIAL SERVICE PROVIDERS WATER-TOWNOF MOORESVILLE SEWER -TOWN OF MOORESVILLE TRASH -TOWN OF MOORESVILLE APPROVALS (SEALS) NCPLS(REcSUR000 IVEYED BY1g Pry' NCPE(REC050 DRAWINGS) SUMMARY OF SEWER MAINS AND MANHOLES SIZE LENGTH 8" 3,019.50± L.F. (2,916.50' PVC, 103' DIP) NUMBER OF MANHOLES: 15 SUMMARY OF WATER MAINS & HYDRANTS SIZE LENGTH 8" 2,499 L.F. (2,195 PVC, 304' DIP) 2" 83 L.F. PVC TOTAL NO. FIRE HYDRANTS: 2 TOTAL NO. LOTS SERVED: 57 PRESTIGE CORPORATE DEVELOPMENT 0,\\IIIII/////y 2N CAR ,��i ae.EsYoii:w'. a m E,DoRm> a C x SHEET TITLE Sewer and Water Cover Sheet PROJECT BRANTLEY TOWN OF MOORESVILLE, IREDELL COUNTY NC FOR: PRESTIGE CORPORATE DEVELOPMENT DRAWING NO. 1090 5HT 1 OF 1 1 5HT5 Page 1 of 3 Date: March 07, 2023 Updated: N/A For: Prestige Corporate Development LLC Attn: Alex Bonda JLR JTS 1" = 20' age 2 of 3 Detail 1 Impact S2: NWP 18 CH 200: 0.001 Ac, 1.20 Cu/Yds Impact W1: NWP 18 WL 2000: 0.005 Ac, 3.96 Cu/Yds Page 3 of 3 Detail 2 RAS RONMENTAL E N < CO O • U O Z CT) N U) O coo �_c rr)O 35.554029, —80.779661 Coordimates Date: March 07, 2023 Updated: N/A For: Prestige Corporate Development LLC Attn: Alex Bonda JLR JTS 1" = 20' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01196 County: Iredell U.S.G.S. Quad: NC -Mooresville NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Prestige Corporate Development, LLC Alex Bonda Address: 21000 Torrence ChapelRo ad Suite 100 Cornelius, NC 28031 Telephone Number: 804-979-7172 E-mail: alex.bonda@pcdllc.net Size (acres) 23.56 Nearest Town Mooresville Nearest Waterway Rocky River River Ba sin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude:35.554029 Longitude: -80.779661 Location description: Project is a combination of parcels, near the physical address of 110 Summer Pines Lane, near Moo resville, Iredell County, North Carolina. PIN(s):> Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters on the 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 been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/22/2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictionalwaters 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, y ou m ay request an approved JD, which is an appealable action, by contacting the 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 CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommendthatyouhave the waters on y our project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above de scribed project area/property subjectto the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above de scribed project area/property subjectto the permit requirements of Section 404 ofthe Clean Water Act (CWA) (33 USC § 1344). Unless there isa change in the law or our published regulations, this determination m ay be relied upon for a periodnotto exceed five years from the date of this notification. ❑ We recommend 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 consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on y our project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed 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-2022-01196 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a periodnotto exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five y ears from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above de scribed 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 may be relied upon for a period notto exceed five years from the date of this notification. ❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalManagementin Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fillmaterialwithin waters of the US, including wetlands, without a Department ofthe Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regardingthis determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or kry stynka.b.sty gar(Ousac e.a rmy.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, and the 1987 Wetland Delineation Manual, and/or Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0.: See the preliminary jurisdictional determination form dated 8/8/2022. D. Remarks: see approximate aquatic resources on map, `Brantley- 06/22/2022 " E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions ofthe Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA program s, you should request a certified wetland determination from the local office of the Natural Re sources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at33 CFR Part331. Enclosed you will find a NotificationofAppealProcess (NAP) fact sheet and Request forAppeal(RFA) form. Ifyourequest to appeal this determination you m ust submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, FloorM9 Atlanta, Georgia 30303-8803 AND PH I L I P.A. SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit anRFAform to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 8/8/2022 Expiration Date ofJD: Not applicable SAW-2022-01196 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental, Inc Jennifer Robertson Address: 338 S. Sharon Amity # 411 Charlotte. NC 28211 Telephone Number: 704-512-1206 E-mail: jrobertsonnatlasenvi.com Property Owner: COMPANY NAME Sandra Johnson Address: 123 EastWaterlynnRoad Mooresville. NC 28117 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Prestige Co rpo ra te Des, elopment, LLC, Alex File Number:SAW-2022-01196 Date: 8/8/2022 Bonda Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D 0 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional inform ation may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appealthe permit, including its terms and conditions, and approved 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 your right to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address allof your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued a s previously written. After evaluating your objections, the district engineer will send you a proffered permit for y our reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may acceptor appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appealthe declined permit under the Corps of Engineers Administrative AppealProcess by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appealthe denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to 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 conta cting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe y our rea sons for appealing the decision or your obj ections to an initial proffered permit in clear concise statements. You may attach additionalinformation to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appealconference or meeting, and any supplemental information that the review officer ha s determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide 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/or the appealprocess you may contact: District Engineer, Wilmington Regulatory Division Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appealprocess you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX(404) 562-5138 EMAIL: PHILIP.A.SHANNIN@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 in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive Park Drive, Suite 615, Charlotte, North Carolina 28262 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Co mmander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 8/8/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Prestige Corporate Development, LLC, Alex Bonda, 21000 Torrence Chapel Road Suite 100, Cornelius, NC 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Brantley, SAW-2022-01196 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is a combination of parcels, near the physical address of 110 Summer Pines Lane, near Mooresville, Iredell County, North Carolina. PIN(s):> (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Iredell City: Mooresville Center coordinates of site (lat/long in degree decimal format): Latitude: 35.554029 Longitude: -80.779661 Universal Transverse Mercator: Name of nearestwaterbody: Rocky River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: Z Field Determination. Date(s): January 19,2022, DUNE 21 2022 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources(i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject(i.e., Section 404or Section 10/404) CH 100 35.55495 -80.78076 431 LF Non -wetland waters Section 404 CH 200 35.55453 -80.78067 68 LF Non -wetland waters Section 404 CH 300 35.55457 -80.77846 1335 LF Non -wetland waters Section 404 CH 400 35.55531 -80.77666 57 LF Non -wetland waters Section 404 W L 2000 35.55455 -80.78055 0.035 acres Wetland Section 404 W L 3000 35.55399 -80.77913 0.121 acres Wetland Section 404 W L 3100 35.55485 -80.77828 0.003 acres Wetland Section 404 W L 3200 35.55494 -80.77805 0.005 acres Wetland Section 404 W L 3300 35.55490 -80.77812 0.011 acres Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by 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: Z Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: AtlasEnvironmentalforPrestigeDevelopmentLLC Z Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Z Office concurs with data sheets/delineation report. ❑ Office doesnotconcurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: Z U.S. Geological Survey Hydrologic Atlas: Figure 6, 01/06/2022 Z USGS NHD data: Figure 10, 01/06/2022 Z USGS 8 and 12 digit HUC maps: Figures,14, 01/06/2022 ZU.S. Geological Survey map(s). Cite scale & quad name: Mooresville Quad- NC: Figure 4 Z Natural Resources Conservation Service Soil Survey. Citation: Figure 13a : 01/06/2022 ZNationalwetlands inventory map(s). Cite name: Figure 11, 01/06/2022 ❑ State/local wetland inventory map(s): FEMA/FIRM maps: Figure 8, 01/06/2022 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) Z Photographs: Z Aerial (Name & Date): Figure 7,Aeria101/06/2022 or Z Other (Name & Date): Aquatic Resource Sketch Map Figure lc ❑ Previous determination(s). File no. and date of response letter: Z Other information (please specify): Figure 2: GIS Parcels (NC OneMap), Lidar, Figure 9 : 01/06/2022 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff membercompletingPJD 8/8/2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 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. Legend O Review Area Streets Iredell Co. Parcels 2 Ft Contours Delineation Perennial Intermittent Wetland ONMENTAL Page 1 of 5 Figure: Aquatic Resource Sketch Mitt‘° ommiL Detail 1: Page 3 Detail Page 5 Detail 2 Page 4 Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Coordinates: 35.554029, -80.779661 Date: June 22, 2022 Potential Non Wetland CH 100: — 431 LF, 0.062 Ac. Legend O Review Area Iredell Co. Parcels Streets 2 Ft Contours Delineation Perennial Intermittent Wetland Aquatic Resource Sketch Map Potential Non Wetland CH 200: — 68 LF, 0.004 Ac. Potential Wetland WL 2000: 0.035 Ac. oft 0 50 100 150 200 Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Page 3 of 5 Detail: 1 Figure: Coordinates: 35.554029, -80.779661 Date: June 22, 2022 Aquatic Resource Sketch Map Legend O Review Area Streets Iredell Co. Parcels 2 Ft Contours Delineation Perennial Intermittent Wetland Potential Wetland WL 3100: 0.003 Ac. Potential Wetland WL 3300: 0.011 Ac. Potential Non Wetland CH 300: — 1335 LF, 0.096 Ac. Potential Wetland WL 3000: 0.121 Ac. Potential Wetland WL 3200: 0.005 Ac. 0 50 100 150 200 Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Page 4of5 Detail: 2 Figure: Coordinates: 35.554029, -80.779661 Date: June 22, 2022 Aquatic Resource Sketch M Legend O Review Area Streets Iredell Co. Parcels 2 Ft Contours Delineation Perennial Intermittent Wetland P CH 300 Continued Potential Non Wetland CH 400: — 57 LF, 0.003 Ac. 0 50 100 150 200 Ft Project Name: Brantley Location: 110 Summer Pines Lane Mooresville, NC 28115 For: Prestige Corporate Development, LLC Attn: Mr. Alex Bonda Page 5 of 5 Detail: 3 Figure: Coordinates: 35.554029, -80.779661 Date: June 22, 2022 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. September 19, 2022 Jennifer Robertson Atlas Environmental 338 South Sharon Amity Road Charlotte, NC 28211 jrobertson@atlasenvi.com RE: Construct Brantley residential development, 110 Summer Pines Lane, Mooresville, Iredell County, ER 22-2001 Dear Ms. Robertson: Thank you for the August 10, 2022, letter concerning the above -referenced undertaking. We have reviewed the information provided and offer the following comments. While we agree with the finding offered in your letter that no historic properties including archaeological sites will be affected, we recommend that in future submittals you more clearly state your findings and provide additional information about the structures that will be affected. We would especially request that a site and floorplan with photographs keyed to them be provided for any structure that may be slated for demolition. In this case the R. E. Brantley House (ID053), while in poor condition, merited additional photographs of the interior to better determine its condition and integrity. As for the William Hardy Williford House (ID0889), it appears to be so far removed from the proposed development site and with substantial intervening development that it does not warrant inclusion in the review. Please know that we do review our GIS for each project submitted to us and note properties of interest within the Area of Potential Effect for the project in case they may have been overlooked. Given the several development projects that your firm appears to be involved with, we would recommend that you take advantage of the upcoming workshops that are being planned for consultants doing Section 106 and planning work in North Carolina. Please watch for an announcement at: https://archaeology.ncdcr.gov/programs/environmental-review The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 ER 22-2001, September 19, Page 2 of 2 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 environmentalreview@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 1.p.r Ramona Bartos, Deputy 1) State Historic Preservation Officer cc: Layla Tallent, Atlas Environmental ltallent@atlasenvi.com Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. December 8, 2022 Layla Tallent ATLAS Environmental 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 ltallent@atlasenvi.com Re: Construct Brantley residential development, 110 Summer Pines Lane, Mooresville, Iredell County, ER 22-2001 Dear Ms. Tallent: Thank you for your email of November 8, 2022, transmitting the additional photographs of the R. E. Brantley House (ID0538) interior. We will provide these to the Survey Branch for their records. 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@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, kr.,r Ramona Bartos, Deputy I) 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) 814-6570/814-6898 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 June 22, 2022 David Rabon Atlas Environmental, Inc. 338 South Amity Road #441 Charlotte, North Carolina 28211 drabon@atlasenvi.com Subject: Brantley Residential Development; Iredell County, North Carolina Dear David Rabon: f us. 1 FISH &WILDLIFE SERVICE The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated May 23, 2022, wherein you solicit our comments regarding project - mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the Applicant proposes to construct a residential development and appurtenances on approximately 23.5 partially forested acres in Mooresville, North Carolina. The information provided suggests that the proposed project will require authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the United States. No project design plans or a description of impacts to onsite habitats have been prepared or provided at this time. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species. Although not required at this time, we encourage the Applicant to avoid any associated tree clearing activities during this animal's pup season, maternity roosting season (May 15 — August 15) and/or active season (April 1 — October 15). If adhered to, a tree clearing moratorium would also support our concurrence with a "may affect, not likely to adversely affect" determination from the action agency for this animal. Please note that on March 23, 2022, the Service published a proposal to reclassify the northern long-eared bat (NLEB) as endangered under the Act. The U.S. District Court for the District of Columbia has ordered the Service to complete a new final listing determination for the NLEB by November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened, faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across the continent. The proposed reclassification, if finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only to threatened species. Depending on the type of effects a project has on NLEB, the change in the species' status may trigger the need to re -initiate consultation for any actions that are not completed and for which the Federal action agency retains discretion once the new listing determination becomes effective (anticipated to occur by December 30, 2022). If your project may result in incidental take of NLEB after the new listing goes into effect this will need to be addressed in an updated consultation that includes an Incidental Take Statement. If your project may require re -initiation of consultation, please contact our office for additional guidance. Additional information about this animal including its proposed reclassification can be found here: https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis The information provided indicates that suitable habitat is not present within the action area for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii), and targeted botanical surveys were not conducted for this plant. Suitable habitat for this plant includes maintained roadsides, utility rights of way, open woodlands, disturbed or maintained open areas, cedar barrens, and/or transitional habitats. This species typically occurs in areas where natural disturbance or management regime reduces competition from other plant species. This plant does not typically occur where dense understory vegetation is established (especially exotic or invasive plant species). If suitable habitat is not present within the action area for this species, we would not object to a "no effect" determination from the action agency. Your correspondence indicates that suitable habitat is present onsite for the federally threatened dwarf -flowered heartleaf (Hexastylis nanflora) and that surveys for this plant were conducted on January 19, 2022. Members of the genus Hexastylis can be diagnosed year round by characteristic evergreen leaves. However, floristic measurements are required to diagnose at least eight species in the Virginica group of Hexastylis, including dwarf flowered heartleaf. Provided that no members of the genus Hexastylis, were detected during targeted botanical surveys conducted on January 19, 2022, we believe that the probability for inadvertent loss of this plant species is insignificant and discountable and we would concur with "may affect, not likely to adversely affect" determinations from the action agency. Botanical survey results are valid for two years for the purposes of consultation under the Act: https://www.fws.gov/story/2022-03/north-carolinas-federally-threatened-endangered-and-risk-plant- species Based on the information provided, suitable habitats do not occur onsite for any other federally protected species, and we require no further information at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. 2 Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Impervious Surfaces and Low -Impact Development Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new development, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-22-537. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 3