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
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107
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106
102
106
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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
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•
bay
106:
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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