20230511 Ver 1_ePCN Application_20230405

Jennifer Robertson
From: Jennifer Robertson
Sent: Thursday, May 12, 2022 10:03 AM
To: 401 PreFile
Subject: Myers NWP 29 Pre-Application Notice
To Whom It May Concern,
Atlas will be submitting a NWP 29 application for the Myers project. Please allow this email to serve as the 30
day pre-application notice. The project is located in Terrell (Catawba County) and involves residential
construction. BBC Villas LLC is the applicant.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NIC 28211
[phone] office
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ONMENTAL

Preliminary ORM Data Entry Fields for New Actions
SAW-2022-01781 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORMFI
1. Project Name [PCN Form A2a]: Myers
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description/ Purpose [PCN Form 133d and 133e]:
The project purpose is for the construction of 17 residential lots.
4. Property Owner/Applicant [PCN Form A3 or A4]: Owner: BBC Villas LLC
Applicant: Steve Bailey of BBC Villas LLC
5. Agent/Consultant [PCN Form A5—or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form 135b]: None Known
7. Project Location -Coordinates,Street Address, and/or Location Description [PCN Form 131b]:
9118 Sherrills Ford Road Terrell, NC 28682
35.5925730 / -80.9796190
8. Project Location -Tax Parcel ID [PCN Form 131a]: 4617-0916-8528
9. Project Location—County [PCN Form A21b]: Catawba
10. Project Location—Nearest Municipality or Town [PCN Form A2c]: Terrell
11. Project Information—Nearest Waterbody [PCN Form 132a]: Beaverdam Creek, Class WS-IV,B;CA , Index#: 11-94
12. Watershed/8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Catawba, 03050101
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10&404 ❑
Regulatory Action Type:
Standard Permit Pre-Application Request
✓ Nationwide Permit# 29 ❑ Unauthorized Activity
❑ Regional General Permit# 0 Compliance
❑ Jurisdictional Determination Request ❑ No Permit Required
Revised 20150602

_q"
TLAS
VIRONMENTAL
April 5, 2023
US Army Corps of Engineers NC Division of Water Resources
Charlotte Regulatory Field Office 401 and Buffer Permitting Unit
Attn: Ms. Krysta Stygar Attn: Mr. Paul Wojoski
8430 University Executive Park Drive, Suite 611 1617 Mail Service Center
Charlotte, NC 28262 Raleigh, North Carolina 27699-1617
Re: Myers +/- 5.57 acres
9118 Sherrills Ford Road Terrell, NC 28682
Nationwide Permit 29 Application
Action ID: SAW-2022-01781 / DWR Project#: unknown
Krysta/Paul:
Atlas Environmental Inc is submitting the enclosed package on behalf of Steve Bailey of BBC Villas LLC
for the approval of a Nationwide Permit 29 verification for unavoidable impacts to Waters of the United
States. Atlas Environmental completed a stream and wetland delineation on May 20, 2022, and July 13,
2022. A preliminary jurisdictional determination was submitted for the Myers project, and the JD was
issued on March 09, 2023. The Myers project is Phase 2 for the Villas at Sherrills Ford subdivision. There
is one intermittent stream within the review area.
The project purpose is for the construction of 17 residential units and associated infrastructure. The
development is a phased project. The Connor project is phase 1 for the subdivision. The impacts are
cumulative and will require a total of 198 LF, 0.011 acre of stream impacts. The Myers project will require
two permanent unavoidable impacts to Waters of the United States. Impact S1 consists of 12 linear feet
(0.001 acre) at the upper intermittent section of CH 100. Impact S2 consists of 60 linear feet(0.003
acre) of the upper intermittent section of CH 100 for a total of 72 linear feet(0.004 acre)of stream
impacts. No mitigation will be required for this project as there are no wetland impacts and stream
impacts are less than 0.02 acre.
The site has been designed and engineered to avoid and minimize impacts to the greatest extent
possible. More than 80% of the streams on site are being avoided for phase 1 and phase 2 of the
subdivision. Impact S1 (12 LF, 0.001 acre) is necessary to fill for grading on the upper intermittent section
of CH 100. Impact S2 (60 LF, 0.003 acre) is a necessary permanent riprap impact to prevent erosion to
CH 100 from the three stormwater outlets that will be flowing into CH 100.
Enclosed are the necessary permit application documents and additional information. Thank you for your
attention to the enclosed request. Please contact me if you need any additional information.
Best regards,
CDAW � up"
Cassie P Griffin, Environmental Specialist
cgriffin _atlasenvi.com
ATLAS Environmental, Inc.
338 S.Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206(o)/828-712-9205(m)
www.atlasenvi.com/Offices in Asheville and Charlotte

-"141
TLAS
1/IRONMENTAL
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams —Compliance and Permitting Unit
Attn: Mr. Paul Wojoski, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on-site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name: Myers
Property Owner of Record: BBC Villas LLC
Contact Name: Steve Bailey
Address:
9118 Sherrills Ford Road
Address: Terrell, NC 28682
Phone/Fax Number: 803-979-7172
Email Address: [e-mail]
Project Address: 9118 Sherrills Ford Road
Project Address: Terrell, NC 28682
Tax PIN: 4617-0916-8528
Signature:
Date: 7/19/2022
ATLAS Environmental Inc.
338 S.Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206(o)/828-712-9205(m)
[e-mail]
www.atlasenvi.com

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ENVIRONMENTAL For: BBC Villas LLC Attn: Mr. Steve Bailey
Page 2 of 2 Figure: 113 Coordinates: 35.5925730, -80.9796190 Date: May 24, 2022

ENT opT U.S. IS
FISHSERVI DLIFE
Cd United States Department of the Interior
4, o
FISH AND WILDLIFE SERVICE
�gRCH 31�ga9 Asheville Field Office '
160 Zillicoa Street Suite B
Asheville,North Carolina 28801
June 16, 2022
Ms Layla Tallent
Atlas Environmental, Inc.
338 S. Sharon Amity Road,#411
Charlotte,North Carolina 28211
Subject: Myers Residential Development in Terrell, Catawba County,North Carolina.
Dear Ms. Tallent:
On May 31,2022,we received(via email)your information requesting our review of the subject project.
We received an updated review request on June 15,2022. We have reviewed the information that you
presented for this request and the following comments are provided in accordance with the provisions of
the National Environmental Policy Act(42 U.S.C.§ 4321 et seq.)and section 7 of the Endangered Species
Act of 1973, as amended(16 U.S.C. 1531 - 1543) (Act).
Proiect Description
According to the information provided,BBC Villas,LLC proposes to construct a residential development
and associated infrastructure on approximately 5.6 acres at 9118 Sherrills Ford Road in Terrell, Catawba
County,North Carolina.
Federally Listed Species
An assessment of suitable habitat and/or presence/absence species surveys for five species were
conducted by environmental specialist with Atlas Environmental,Inc. on May 20, 2022. The findings
were compiled and included in the review requests submitted to our office on May 31 and June 16,2022.
The following species and their associated habitats were evaluated.
Species Status'
Bog turtle Glyptemys muhlenbergii T(S/A),ARS
Dwarf-flowered heartleaf Hexastylis naniflora T
Monarch Danaus plexippus CAN
Northern long-eared bat Myotis septentrionalis T,PE
Schweinitz's sunflower Helianthus schweinitzii E
'E=endangered,PE=proposed endangered, T=threatened, T(S/A)_
threatened due to similarity of appearance, and CAN=candidate
species.
The review request states that no suitable habitat is present for dwarf-flowered heartleaf or Schweinitz's
sunflower. Based on the information provided,we agree with the assessment that no suitable habitat is
present for these species. As such, section 7 consultation is not required for these species.

Bog turtle is federally listed as threatened(due to similarity of appearance) and is not subject to section 7
consultation,therefore, an effects determination is not necessary. However, it is a species of concern for
our office, and we appreciate the project proponent's consideration of bog turtle when evaluating the
action area for impacts to federally listed species and their habitats. If bog turtle or suitable habitat is
identified on future projects within the proposed action area or proposed activities will impact hydrology
of suitable habitat(i.e. changing drainage patterns to/from wetlands),we recommend coordinating the
project with the U.S. Fish and Wildlife Service(Service) and the NC Wildlife Resources Commission.
Monarch butterfly is a candidate species, and we appreciate the project proponent's consideration of
monarch butterfly when evaluating the action area for impacts to federally listed species and their
habitats. The species is not subject to section 7 consultation, and a determination of effects is not
necessary. General recommendations for pollinators can be provided and would be protective of monarch
butterfly should the project proponent like to implement them in the future.
Suitable summer roosting habitat for northern long-eared bat(NLEB)may present at the site. The 4(d)
rule exempts incidental take of NLEB associated with activities that occur greater than 0.25 mile from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup
season(June 1 —July 31). The proposed project occurs at a location where any incidental take that may
result from associated activities is exempt under the 4(d)rule.Although not required,we encourage the
project proponent to avoid any associated tree clearing activities during the NLEB active season from
April 1 —October 15.
On March 23, 2022,the Service published a proposal to reclassify 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.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if (1)new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2)the identified action is subsequently modified in a manner that was
not considered in this review,or(3)a new species is listed or critical habitat is determined that may be
affected by the identified action.
Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
• Erosion and Sedimentation Control. Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization,water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
to effectively reduce erosion and sedimentation impacts,best management practices specific to
the extent and type of construction should be designed and installed prior to land-disturbing
2

activities and should be maintained throughout construction. Natural fiber matting(coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly,preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. For
maximum benefits to water quality and bank stabilization,riparian areas should be forested;
however,if the areas are maintained in grass,they should not be mowed. The Service can
provide information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources.
• Impervious Surfaces/Stormwater/Low Impact Development(LID). Increased development
contributes to the increased quantity and decreased quality of stormwater entering project area
waterways. Additionally, increased development outside the floodplain increases stormwater
flows already caused by the lack of or loss of riparian buffers and floodplain development.
Recent studies' have shown that areas of 10 percent to 20 percent impervious surface (such as
roofs,roads,and parking lots)double the amount of stormwater runoff compared to natural cover
and decrease deep infiltration(groundwater recharge)by 16 percent. At 35—50 percent
impervious surface,runoff triples, and deep infiltration is decreased by 40 percent. Above 75
percent impervious surface,runoff is 5.5 times higher than natural cover, and deep infiltration is
decreased by 80 percent. Additionally,the adequate treatment of stormwater at project sites is
essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect
pathogens,metals, sediment, and chemical pollutants and quickly transmit them(via stormwater
runoff)to receiving waters. According to the Environmental Protection Agency,this
nonpoint-source pollution is one of the major threats to water quality in the United States,posing
one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in
human populations from exposure through drinking water and contact recreational.
Increased stormwater runoff also directly damages aquatic and riparian habitat, causing
streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater
recharge,resulting in even lower than expected stream flows during drought periods,which can
induce potentially catastrophic effects for fish,mussels, and other aquatic life. To avoid any
additional impacts to habitat quality within the watershed,we recommend that all new
developments,regardless of the percentage of impervious surface area created, implement
stormwater retention and treatment measures designed to replicate and maintain the hydrograph at
the preconstruction condition.
We recommend the use of low impact development techniques,2 such as reduced road widths,
grassed swales in place of curb and gutter,rain gardens, and wetland retention areas, for retaining
and treating stormwater runoff rather than the more traditional measures, such as large retention
ponds, etc. These designs often cost less to install and significantly reduce environmental
impacts from development.
'Federal Interagency Stream Restoration Working Group(15 federal agencies of the United States Government).
Published October 1998,Revised August 2001. Stream Corridor Restoration: Principles,Processes,and Practices.
GPO Item No.0120-A; SuDocs No.A 57.6/2:EN 3/PT.653. ISBN-0-934213-59-3.
ZWe recommend visiting the Environmental Protection Agency's Web site(http://www.epa.gov/polluted-runoff
nonpoint-source pollution/urban-runoff-low-impact-development)for additional information and fact sheets
regarding the implementation of low-impact-development techniques.
3

Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to
reaching any natural stream or wetland area. Detention structures should be designed to allow for
the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges;
thermal spikes; and sediment,nutrient, and chemical discharges. Also,because the purpose of
stormwater control measures is to protect streams and wetlands,no stormwater control measures
or best management practices should be installed within any stream(perennial or intermittent) or
wetland.
We also recommend that consideration be given to the use of pervious materials (i.e.,pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be
used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store
heat and allow the cooler soil below to cool the pavement. Additionally,pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within
the concrete.
Use of any of the proposed stormwater collection devices described above will dramatically
decrease the quantity and increase the quality of stormwater runoff.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at [e-mail], if you have any questions. In any future correspondence concerning
this project,please reference Log Number 4-2-22-382.
Sincerely,
- -original signed- -
Janet Mizzi
Field Supervisor
4

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 jrobertson(cr�,atlasenvi.com
Atlas Environmental
338 South Sharon Amity Road
Charlotte,NC 28211
RE: Construct Myers Residential Subdivision, 9118 Sherrills Ford Road, Terrell,
Catawba County, ER 22-1530
Dear Ms. Robertson:
Thank you for the May 24, 2022, email from Ms. Tallent that provided the additional information that we
requested for the above-referenced undertaking. We have reviewed the information and offer the following
comments.
While the subject location is shown within the National Register-listed Terrell Historic District(CT0378), a
close examination of the information provided on our GIS would indicate that the Terrell NRHD has been
determined no longer eligible for listing in the National Register of Historic Places (NRHP). This is due to the
intensive development that has occurred within the district in the last several years. The only property that is
still considered historic is the T. F. Connor House,which is individually eligible for listing in the NRHP and on
which the Historic Preservation Foundation of North Carolina(PNC)holds preservation covenants.
Given the ineligibility of the Terrell Historic District and the information provided about the buildings located
on the subject property,we have determined that the proposed Myers residential subdivision will not affect any
historic properties.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579
or environmental.review(cr�,ncdcr.gov. In all future communication concerning this project,please cite the above
referenced tracking number.
Sincerely,
�✓Ramona Bartos,Deputy
U State Historic Preservation Officer
Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:[phone]-6898

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.SAW-2022-01781 County:CatawbaU.S.G.S.Quad:NC-Lake Norman North
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: BBC Villas,LLC
Steve Bailey
Address: 7224 Jameson Wav
Stanly,NC 28164
Telephone Number: 704-607-5059
E-mail: steve(&pcdllc.net
Size(acres) 5.57 Nearest Town Sherrills Ford
Nearest Waterway BeaverdamCreek RiverBasin Santee
USGS HUC 03050101 Coordinates Latitude:35.592573
Longitude:-80.979619
Location description:Project is located at 9118 Sherrills Ford Road,Terrell,Catawba County,North Carolina.PIN:4617-
0916-8528
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters onthe above described projectarea/property,that maybe 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 verifiedby the Corps to be sufficiently accurate and reliable.The approximate boundaries
of these waters are shown on the enclosed delineation map dated DATE.Therefore this preliminary jurisdiction determination
maybe used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of
impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made onthe basis of a
preliminary JD will treat allwaters andwetlands thatwould be affected in anywayby the permitted activity onthe site as if they
are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process(Reference 33 CFR Part 331).However,youmayrequestanapproved JD,which is an appealable
action,by contacting the Corps district for further instruction.
❑ There appear to be waters onthe above described project area/property,that maybe subject to Section 404 ofthe 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 determinationis merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area,which is not sufficiently accurate andreliable to support an enforceable
permit decision.We recommendthat you have the waters onyourprojectarea/propertydelineated.As the Corps may not be able
to accomplish this wetland delineation in a timely manner,you maywish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United States within theabove described project area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act(RHA)(33 USC§403)and Section 404 ofthe Clean WaterAct
(CWA)(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 describedproject area/property subjectto thepermit requirements of Section 404 ofthe Clean
Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our pub fished regulations,this determination maybe
relied upon fora periodnotto exceedfiveyears from the date ofthis notification.
❑We recommend you have the waters on your project area/property delineated. As the Corps maynotbe 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 yourproject area/property have been delineated and the delineation has beenverifiedby the Corps.The
approximate boundaries of these waters are shown onthe enclosed delineationmap datedDATE.We strongly suggest youhave
this delineation surveyed. Upon completion,this survey should be reviewed and verified bythe Corps. Once verified,this survey

SAW-2022-01781
will provide an accurate depiction of all areas subject to CWAj urisdiction on yourproperty which,provided there is no change in
the law or our published regulations,may be relied upon for a period not to exceed five years.
❑The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE.Unless there is a change in the law or our published regulations,this determination maybe relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subjectto the
permit requirements of Section404 of the Clean WaterAct(33 USC 1344). Unless there is a change in the law orourpublished
regulations,this determination maybe relied upon for a periodnotto exceed five years from the date ofthis notification.
❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
You should contact the Division ofCoastal Management in Morehead City,NC,at(252)80 8-2 808 to determine their
requirements.
Placementof dredged or fill material within waters of the US,including wetlands,without a Department ofthe Army permit may
constitute a violation of Section301 of the CleanWaterAct(33 USC§ 1311). Placementof dredged or fill material,construction or
placementof structures,orwork within navigable waters ofthe United States without a Department of the Annypermit may
constitute a violationof Sections 9 and/or 10 of the Rivers andHarbors Act(33 USC§401 and/or403).If you have anyquestions
regardingthis determination and/ortheCorps regulatory program,please contact KrystynkaB Stygar at252-545-0507 or
kry sty nka.b.stygarkgsace.army.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,the 1987 Wetland Delineation Manual, and/or the
Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0.: See the
preliminary jurisdictional determination form dated 03/09/2023.
D. Remarks: See approximate aquatic resources on map, "Myers—May 24, 2022"
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetla nd determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information(This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination,you may request an administrative appeal under Corps regulations at 3 3 CFR Part 3 3 1. Enclosed
you will find a Notification ofApp eal Process(NAP)fact sheet and Request for Appeal(RFA)form. Ifyou request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr.Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW,Floor M9
Atlanta,Georgia 30303-8803
AND
PHILIP.A.SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,thatit meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form,it must be received at the above address byNot applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: /1 _—�
Date of JD:03/09/2023 Expiration Date ofJD:Not applicable

SAW-2022-01781
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/Pp=l 36:4:0
Copy furnished:
Agent: Atlas Environmental,Inc
Jennifer Robertson
Address: 338 S.Sharon Amity Road,#411
Charlotte,NC 28211
Telephone Number: 704-512-1206
E-mail: jrobertsonkatlasenvi.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:BBC Villas,LLC,Steve Bailey File Number: SAW-2022-01781 Date:03/09/2023
Attached is: See Section below
INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
PROFFERED PERMIT(Standard Permit or Letter of permission) B
❑ PERMITDENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
❑X PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I- The following identifies yourrights and options regarding an administrative appeal of the above decision.
Additional informationmaybefoundatorhttl2://www.usace.army.mil/Missions/CivilWorks/Re 1,gu ato yProaramandPennits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appealthe permit,including its terms and conditions,and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit(Standard orLOP)because of certain terms and conditions therein,you may request
that the permit be modified accordingly.You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will
forfeit yourright to appealthe permit in the future. Upon receipt ofyourletter, the district engineer will evaluate your
objections and may:(a)modify the permit to address allof yourconcems,(b)modify the permit to address some of your
objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appealthe permit,including its terms and conditions,and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit underthe Corps of Engineers Administrative Appeal Process by
completing Section 11 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 appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD(which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasons for appealingthe decision or your obj ections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum forthe
record of the appeal conference ormeeting,and any supplemental information that the review officerhas determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However,you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/orthe If you only have questions regarding the appealprocess you may
appealprocess you may contact: also contact:
District Engineer,Wilmington Regulatory Division MR.PHILIP A.SHANNIN
Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office CESAD-PDS-O
U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9
8430 University Executive Park Drive,Suite 615 ATLANTA,GEORGIA 303 03-8803
Charlotte,North Carolina 28262
PHONE:[phone];FAX[phone]
EMAIL:PHILIP.A.SHANNIN(c�,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 investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn:Krystynka B Stygar,8430 University Executive parkDrive,Suite
615,Charlotte,North Carolina 28262
For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative
Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 1 OM15,Atlanta,Georgia 30303-8801
Phone:[phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 03/09/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: BBC Villas,LLC, Steve Bailey, 7224
Jameson Way, Stanly,NC 28164
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Myers, SAW-2022-01781
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 9118 Sherrills
Ford Road, Terrell, Catawba County,North Carolina. PIN:4617-0916-8528
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County:Catawba City: Sherrills Ford
Center coordinates of site (lat/long in degree decimal format):Latitude:35.592573 Longitude:-80.979619
Universal Transverse Mercator:
Name of nearest waterbody:Beaverdam Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑Office(Desk) Determination. Date:
©Field Determination. Date(s): March 7, 2023
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE"SUBJECT TO
REGULATORY JURISDICTION
Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to
(decimal (decimal amountof resources(i.e., which the aquatic
degrees) degrees) aquatic wetland vs. resource"may be"
resources in non-wetland subject(i.e.,Section 404
reviewarea waters) or Section10/404)
(acreage and
linear feet,if
applicable
CH 100 35.592650 -80.977811 12 Linear Feet Non-wetland Section 404
waters
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 (NWT) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non-reporting NWT 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 NWT 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:
®Maps,plans,plots or plat submitted by or on behalf of the PJD requestor:
Map:Topo,USGS Topo,Lidar,WSS,NWL NHD,HUC 12,HUC 8,Aerial,Parcel
Man
®Data sheets prepared/submitted by or on behalf of the PJD requestor.Datasheets:
❑Office concurs with data sheets/delineation report.
❑Office does not concurwith data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters' study:
©U.S. Geological Survey Hydrologic Atlas: FWS
©USGS NHD data:
®USGS 8 and 12 digit HUC maps:
©U.S. Geological Survey map(s).Cite scale&quad name:Lake Norman North
©Natural Resources Conservation Service Soil Survey. Citation:GIS Database
©Nationa I wetlands inventory map(s). Cite name:GIS Database
❑State/local wetland inventory map(s):
®FEMA/FIRM maps:
❑100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date): 2018Aerial
or ® Other(Name& Date): Site Photographs, 05/20/2022
©Previous determination(s). File no. and date of response letter:
❑Other information(please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns
and should not be relied upon for later jurisdictional determinations.
Si ature and d e ofRegulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtainingthe signature is
03/09/2023 impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms.If the requester does not respondwithin the established
time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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