20211836 Ver 2_Belk Residential Project Information Package Compressed_20230518

May 18, 2023

US Army Corps of Engineers NC Division of Water Resources
Asheville Regulatory Field Office 401 and Buffer Permitting Unit
Attn: Krysta Stygar Attn: Stephanie Goss
8430 University Executive Park Drive, Suite 611 1617 Mail Service Center
Charlotte, North Carolina 28262 Raleigh, North Carolina 27699-1617

Re: Belk Residential) - +/- 220.84 acres
120 Belk Road Mooresville, NC 28115
Nationwide Permit 29 Application
Action ID SAW 2021-00263 / DWR Project #: 21-1836

Krysta/Stephanie:

Atlas Environmental Inc. (Atlas) is submitting the enclosed nationwide permit 29 modification package on
behalf of the applicant, George Harvey with Caballero Holdings, LLC, for unavoidable impacts to potential
Waters of the United States at the Belk Residential project review area. Atlas Environmental completed a
stream and wetland delineation on November 6, 2020 and was issued a preliminary jurisdictional
determination on April 2, 2021. The existing preliminary jurisdictional determination is included in this
package along with correspondence with the North Carolina Historic Preservation Office and the United
States Fish and Wildlife Service Office.

The purpose of the project is for the construction of 443 single family dwellings on 220.84 acres. Two
wetlands will be impacted, one will be affected by a road crossing and the other will be affected by the
building of an amenity site consisting of a clubhouse, pool, and mail. These wetlands were permitted
under the previous action ID: SAW 2021-00263. Access to the dwellings requires five road crossings.
Like the previous permit, two of the road crossings are bottomless culverts and three are corrugated
culverts have changed and the linear footage of impacts have
been reduced.

Impact S1 is approximately 91 linear feet (0.010 acres) and is located on CH 200. Impact S2 is also
located on CH 200 and is approximately 98 linear feet (0.019 acres). The last impact, Impact S3 is
located on CH 400 and is approximately 84 linear feet (0.014 acres). All impacts occur on perennial
streams and total 272 linear feet and 0.049 acres. Construction and engineering techniques are being
applied to further minimize impacts from the development to the aquatic resources with the construction
of headwalls at the upper and lower extents of all culverts.

Due to cumulative impacts being less than the wetland mitigation thresholds no mitigation is being
proposed for wetlands. Stream impacts do exceed mitigation thresholds and DMS will provide the
updated invoice once the MRTF and 401 have been received.

Thank you for your attention to the enclosed request. Please contact me if you need any additional
information.

Best regards,

Layla Tallent, Botanist
[e-mail]

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

Belk Residential
Multiple, See Parcel Reports
Caballero Holdings, LLC / Gee Harvey
3840 Windermere Parkway, Suite 402
Cumming, GA 30041
unknown
[e-mail]
120 Belk Road
Mooresville, NC 28115
Belk Residential

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NC FIRM # P-1713
, NC 28115 ph(865) 816-4557470 N. Broad St. Mooresville
4
Army Corps Stream Crossings - lengths2/14/23PC
Comments - Town of Mooresville8/9/22PC3
6/23/22PC2
Comments - Town of Mooresville
4/20/22PC1
Comment- Town, Duke, County
REVISIONDATEBYNO.
C ALL RIGHTS ARE RESERVED. ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR PERMISSION, IS EXPRESSLY PROHIBITED.C ALL RIGHTS ARE RESERVED. ANY POSSESSION,
REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR PERMISSION, IS EXPRESSLY PROHIBITED.
WALLWALLWALLWALLWALLWALLWALLWALLWALLWALLWALLWALLWALLWALL
833.211834.229853.050
824.95824.03820.02
844.902844.739857.252
820.09823.27822.01
WALLWALLWALLWALLWALLWALL
830.945829.192
828.85820.85

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2021-00263 County: Iredell U.S.G.S. Quad: NC- Shepherds
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Caballero Holdings, LLC
Gee Harvey
Address: 3840 Windermere Parkway Suite 402
Cumming, GA 30041
E-mail:[e-mail]
Size (acres) 221.54 Nearest Town Mooresville
Nearest Waterway Cornelius Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.63013
Longitude: -80.83370
Location description: Project contains multiple parcels near the location of 120 Belk Road, Mooresville, Iredell County, North
Carolina. PIN(s): 4659407004, 4658495222, 4658585819, 4658573750, 4659702086, 4658792995, 4659705097, 4659705175,
4659704103
Indicate Which of the Following Apply:
A ȁ 0±¤«¨¬¨­ ±¸ $¤³¤±¬¨­ ³¨®­
There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the 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 4/1/2021. 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 all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the 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 recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a 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 described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the 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 waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). 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 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 your 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 delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2021-00263
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 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 on DATE. 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 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/propertywhich are subject to the
permit requirements of Section 404 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 not to exceed five years from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the 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 of the 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
regarding this determination and/or theCorps regulatory program, please contact Krystynka B Stygarat 252-545-0507or
[e-mail].
C.Basis For Determination: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 04/02/2021included in the file.
D. Remarks: See Delineation map dated 04/01/2021.
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 of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you 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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
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, and that 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 an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Date of JD: 4/2/2021 Expiration Date of JD:Not applicable

SAW-2021-00263
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy Furnished:
Property Owners:
Mitchell & Melanie P Belk
120 Belk Road
Mooresville, NC 28115

Mitchell B Belk
1830 Charlotte Hwy
Mooresville, NC 28115

Susan McCarter & Daphne G Neel
312 Wood Duck Place
Mooresville, NC 28117

Thomas Carriker E III ETAL
145 Shinnville Road
Mooresville, NC 28115

Jennifer M Holt
108 Mills Plantation Circle
Troutman, NC 28166

Jennifer O Meadows
108 Mills Plantation Circle
Troutman, NC 28166

Agent: Atlas Environmental Inc.
Jennifer Robertson
Address: 338 S. Sharon Amity Road, # 411
Charlotte, NC 28211
Telephone Number: [phone]
E-mail: [e-mail]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL

Applicant: Caballero Holdings, LLC, Gee Harvey File Number: SAW-2021-00263 Date:4/2/2021
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

PRELIMINARY JURISDICTIONAL DETERMINATIONE

SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
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 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 appeal the 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 appeal the declined 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.

C: PERMIT DENIAL: You may appeal the 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 accept or 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 appeal the 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 your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has 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/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Krystynka B Stygar
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]

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 appeal process. 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, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD: 4/2/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Caballero Holdings, LLC, Gee Harvey, 3840
Windermere Parkway Suite 402, Cumming, GA 30041
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Belk Residential, SAW-2021-
00263
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project contains multiple parcels
near the location of 120 Belk Road, Mooresville, Iredell County, North Carolina. PIN(s): 4659407004,
4658495222, 4658585819, 4658573750, 4659702086, 4658792995, 4659705097, 4659705175, 4659704103
(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: 35.63013 Longitude: -80.83370
Universal Transverse Mercator:
NAD 83
Name of nearest waterbody: Cornelius Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):

Office (Desk) Determination. Date:
Field Determination. Date(s): April 1, 2021
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION

Site Number Latitude Longitude Estimated Type of aquatic Geographic
(decimal (decimal amount of resources (i.e., wetland authority to
degrees) degrees) aquatic vs. non-wetland waters) which the
resources in aquatic resource
review area “may be” subject
(acreage and (i.e., Section 404
linear feet, if or Section
applicable 10/404)
Cornelius Creek 35.62685 -80.83998 2855 LF Non-wetland water Section 404
CH 100 35.6300 -80.83878 3429 LF Non-wetland water Section 404
CH 200 35.62870 -80.83612 3678 LF Non-wetland water Section 404
CH 200 A35.631480 -80.83141 31 LF Non-wetland water Section 404
CH 300 35.63235 -80.83173 856 LF Non-wetland water Section 404
CH 500 35.62581 -80.83211 1141 LF Non-wetland water Section 404
CH 600 35.62439 -80.83146 362 LF Non-wetland water Section 404
WL 100035.63058 -80.83855 0.011 Acres WetlandSection 404
WL 200035.62967 -80.83500 0.026 Acres WetlandSection 404
WL 210035.63009 -80.83379 0.002 Acres WetlandSection 404
WL 220035.63059 -80.83328 0.041 Acres WetlandSection 404
WL 230035.63123 -80.83138 0.014 Acres WetlandSection 404
WL 240035.63140 -80.83061 0.739 Acres WetlandSection 404
WL 300035.63289 -80.83162 0.001 Acres WetlandSection 404
WL 500035.62639 -80.83259 0.005 Acres WetlandSection 404
Pond 1 35.63140 -80.83061 0.164 Acres Non-wetland Water 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 optionto 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 orother 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 determinationof
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permitauthorization, 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 or judicial compliance or enforcement action, orinanyadministrative
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 termsandconditionscontainedtherein),orindividualpermit
denial can be administrativelyappealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, itbecomes 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) C hecked items are included in the administrative

record and are appropriately cited:
Maps,plans,plotsorplatsubmittedbyoronbehalfofthePJDrequestor:
Map:Atlas Environmental for Caballero Holdings, LLC
Datasheetsprepared/submittedbyoronbehalfofthePJDrequestor.Datasheets:
Officeconcurswithdatasheets/delineationreport.
Officedoesnotconcurwithdatasheets/delineationreport.Rationale:
Datasheetspreparedbythe Corps:
Corpsnavigablewaters'study:
U.S.GeologicalSurveyHydrologicAtlas:
USGSNHDdata:
USGS 8 and12digitHUCmaps:
U.S.GeologicalSurveymap(s).Citescale & quadname:Shepard & Mooresville Quad
NaturalResourcesConservationServiceSoilSurvey.Citation:GIS Database, Web Soil Survey accessed
10/29/2020
Nationalwetlandsinventorymap(s).Citename:GIS Database
State/localwetlandinventorymap(s):
FEMA/FIRMmaps:
100-yearFloodplainElevationis:(NationalGeodeticVerticalDatumof1929)
Photographs: Aerial(Name& Date):Aerials
or Other(Name & Date):November 6, 2020 Site photographs
Previousdetermination(s). File no.anddate ofresponseletter:
Otherinformation(pleasespecify):aquatic Resource Sketch Map dated 11/16/2020, Lidar Map, NCSAM
Forms , Site Visit conducted 04/01/2021
IMPORTANT NOTE:Theinformation recordedonthisform hasnotnecessarilybeenverifiedbytheCorps
andshouldnotberelieduponforlaterjurisdictionaldeterminations.

SignatureanddateofRegulatorySignatureanddateofpersonrequestingPJD
staffmembercompletingPJD (REQUIRED,unlessobtainingthesignatureis
1
4/2/2021
impracticable)
1
DistrictsmayestablishtimeframesforrequestertoreturnsignedPJDforms.Iftherequesterdoesnotrespondwithintheestablished
timeframe,thedistrictmaypresumeconcurrenceandnoadditionalfollowup is necessarypriortofinalizinganaction.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00263 County: Iredell U.S.G.S. Quad: NC-Shepherds
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:Caballero Holdings, LLC
GeorgeHarvey
Address:3840 Windermere Parkway, Suite 402
Cumming, GA30041
E-mail:[e-mail]
Size (acres)221.54 Nearest Town Mooresville
Nearest Waterway Cornelius Creek River Basin Santee
USGS HUC 03050101 CoordinatesLatitude: 35.632213
Longitude: -80.826312
Location description:Project contains multiple parcels near the location of 120 Belk Road, Mooresville, Iredell County, North
Carolina. PIN(s): 4659407004, 4658495222, 4658585819, 4658573750, 4659702086, 4658792995, 4659705097, 4659705175,
4659704103.
Description of projects area and activity: This verification authorizes:
1)Permanent fill of 0.023 acres to WL 2000 for Fill.
2)Permanent fill of 0.068 acres to CH 400 for fill.
3)Permanent fill of 113 LF / 0.015 acres to CH 100 for Culvert
4)Permanent fill of 111 LF/ 0.013 acres to CH 200 for Culvert
5)Permanent fill of none to CH 200and CH 100forBottomless culvert (no impacts)
6)Permanent fill of 102 LF/ 0.017 acres to CH 400 for Culvert.
Applicable Law(s): Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization:NWP 29: Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 12/2/2021, and the enclosed plans Sheperds Farmdated 5/10/2021. Any violation
of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Krystynka B Stygarat 252-545-0507or [e-mail].
Corps Regulatory Official: _____________________________________________________Date: 1/28/2022
Expiration Date of Verification: 3/15/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy Furnished:
Property Owners:
Mitchell & Melanie P Belk
120 Belk Road
Mooresville, NC 28115
Mitchell B Belk
1830 Charlotte Highway
Mooresville, NC 28115
Susan McCarter & Daphne G Neel
312 Wood Duck Place
Mooresville, NC 28117
Thomas Carriker E III ETAL
145 Shinnville Road
Mooresville, NC 28117
Jennifer M. Holt
108 Mills Plantation Circle
Troutman, NC 28166
Jennifer O Medaws
108 Mills Planation Circle
Troutman, NC 28166
Agent: Atlas Environmental, Inc
Jennifer Robertson
Address: 338 S. Sharon Amity Road # 411
Charlotte, NC 28211
Telephone Number: 704-512-1206
E-mail: [e-mail]

SAW-2021-00263
SPECIAL CONDITIONS

a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.

b. R equest that prior to its demolition interior photographs of the structure ID0754/1836
Charlotte Highway, be taken and sent to us for filing in the survey record. Your time and efforts would be much
appreciated. We would be happy to provide any additional assistance you may need and documentation to be
provided to NC SHPO office.

Action ID Number:SAW-2021-00263County:Iredell
Permittee: Caballero Holdings, LLC, George Harvey
Project Name: Belk Residential
Date Verification Issued: 1/28/2022
Project Manager: Krystynka B Stygar
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
[e-mail]

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form

Permittee:Caballero Holdings, LLC, George Harvey Action ID:SAW-2021-00263
Project Name: Belk Residential County: Iredell

Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee’s responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.

Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.

Permitted Impacts and Compensatory Mitigation Requirements:

Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
WarmCool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
326
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.

Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050101, Catawba River Basin
Stream Mitigation (credits)Wetland Mitigation(credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
652

Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).

Section to be completed by the Mitigation Sponsor

Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.

Mitigation Sponsor Name:

Name of Sponsor’s Authorized Representative:

Page 1 of 2Form Version 10 June 2020_updated

CESAW-RG (File Number, SAW-2021-00263)

Signature of Sponsor’s Authorized RepresentativeDate of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
Once this document has been signed by the Mitigation Sponsorand the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
Construction within jurisdictional areas authorized by the permit identified on page oneof this formcan begin only after
the Districtis in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the Districthas received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records forboth the permit and the Bank/ILF Instrument. It is the Permittee’s responsibility to ensure that the District
Project Manager (address below) is provided witha signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case-by-case approval from the DistrictProject Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the Districtadministrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDEQ Division of Mitigation Services, confirming they arewilling and
able to accept the applicant’s compensatory mitigation responsibility, dated 12/3/2021 was included with the
preconstruction notification.
This form is not valid unless signed below by the DistrictProject Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
DistrictProject Manager at the address below, 3)the Bank Manager listed in RIBITS, and 4)the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by emailto [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager:Krystynka B Stygar
USACE Field Office:Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email:[e-mail]
1/28/2022
USACE Project Manager SignatureDate of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
July 22, 2021
Jennifer Robertson
Atlas Environmental
338 South Sharon Amity Road #411
Charlotte, North Carolina 28211
[e-mail]
Subject:Belk Road Residential Development; Iredell County, North Carolina
Dear Jennifer Robertson:
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
email correspondence dated June 18, 2021wherein 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
(16U.S.C. 661-667e); the National Environmental Policy Act (42U.S.C.§4321 etseq.); and
section7 of the Endangered Species Act of 1973, as amended (16U.S.C. 1531-1543) (Act).
Project Description
According to the information provided,the Applicant proposes to construct an undisclosed
residentialdevelopment on approximately 221acres in Mooresville, North Carolina which will
require authorization from the U.S. Army Corps of Engineers for impacts to Waters of the
United States. Based on the information provided and aerial imagery, onsite habitats are
dominated by successional mixed forest and undeveloped open space,but also containforested
riparian and wetland habitats (Cornelius Creek and its unnamed tributaries), maintained road
rights of way, and transitional edge habitats. No project design plans or a description of impacts
to onsite habitats have been 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, we encourage the Applicant to avoid
any associated tree clearing activities during this animal’s maternity roosting season from
May 15 –August 15.

Table 4.1.1 of your report indicates that suitable habitat is present onsite for dwarf-flowered
heartleaf and that surveys for this species were conducted on October 16, 2020. Provided that
targeted botanical surveys of all potential habitats for dwarf-flowered heartleaf in the action area
1
were conducted at that timeand no members of the genus Hexastylis(except H. arifolia)were
detected, we would concur with a may affect, not likely affect determination for this species
from the appropriate action agency.

Your correspondence indicates that H. arifolia was observed onsite and references photographs
of these observations (section 3.3.2), but no images depicting this species were included in your
biological evaluation. Please provide the images referenced above to this office for our review.

Aerial imagery suggests that suitable nesting habitat may be present onsite for bald eagle
(Haliaeetus leucocephalus), but this federally protected species was not considered in your
evaluation. The bald eagle has been removed from the federal list of endangered and threatened
species due to its recovery. However, this species is afforded legal protection by the Bald and
Golden Eagle Protection Act (16 U.S.C. 668 668d) and the Migratory Bird Treaty Act (16 U.S.C.
703 712). The Bald and Golden Eagle Protection Act, enacted in 1940, and amended several
times, prohibits anyone without a permit issued by the Secretary of the Interior from “taking”
bald eagles, including their parts, nests, or eggs. “Take” includes pursue, shoot, shoot at, poison,
wound, kill, capture, trap, collect, molest or disturb (16 U.S.C. 668c; 50 CFR 22.3). “Disturb”
means “To agitate or bother a bald or golden eagle to the degree that interferes with or interrupts
normal breeding, feeding, or sheltering habits, causing injury, death, or nest abandonment.” In
addition to immediate impacts, these definitions also cover impacts that result from human
induced alterations initiated around a previously used nest site during a time when eagles are not
present if, upon an eagle’s return, such alterations agitate or bother the eagle to a degree that
interferes with or interrupts normal breeding, feeding, or sheltering habits and causes injury,
death, or nest abandonment.

If any active nests are located within a half mile of the project site, we request that work at the
site be restricted from mid-January through July in order to prevent adverse impacts to the bald
eagle. This will prevent disturbance of the eagles from the egg laying period until the young
fledge, which encompasses their most vulnerable times.

In accordance with the Act, it is the responsibility of the appropriate federal agency or its
designated representative to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated.

Erosion and Sediment Control

1
Members of the genus Hexastylis can be positively identified year-round. However, floristic
measurements are required to diagnose at least eight species in the Virginica group, including dwarf-
flowered heartleaf (Gaddy, 1987). Leaf morphology alone cannot be used to differentiate dwarf-flowered
heartleaf from its congeners in the Virginica group.
2

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.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-21-343.

Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

References
Gaddy, L. L. (1987). A review of the taxonomy and biogeography of Hexastylis
(Aristolochiaceae). Castanea, 186-196.
3

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
July 29, 2021
Austin Baggarley [e-mail]
Atlas Environmental, Inc.
338 South Sharon Amity Road, #411
Charlotte, NC 28211

Re: Construct Belk Residential development, 120 Belk Road Mooresville, Iredell County, ER 21-1622

Dear Mr. Baggarley:

Thank you for your email of June 18, 2021, regarding the above-referenced undertaking. We have reviewed
your submission and offer the following comments. We apologize for the delay and any inconvenience it may
have caused.

We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.

However, we would like to request that prior to its demolition interior photographs of the structure ID0754/1836
Charlotte Highway, be taken and sent to us for filing in the survey record. Your time and efforts would be much
appreciated. We would be happy to provide any additional assistance you may need.

There are no known archaeological sites within the proposed project area. Based on our knowledge of the area,
it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of
Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation
be conducted in connection with this project.

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 [e-mail]. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,

Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

May 18, 2023
George Harvey
Caballero Holdings, LLC
3840 Windermere Parkway, Suite 400
Cumming, GA 30041 Expiration of Acceptance: 11/18/2023
Project: Shepherd's Farm County: Iredell

The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please notethat this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies todetermine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certificationwithin this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
.
impact amounts shown below
River Basin Impact Location
ImpactTypeImpact Quantity
(8-digit HUC)
Catawba03050101Warm Stream273
Catawba03050101Riparian Wetland0.121
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,

FORJames. B Stanfill
Deputy Director
cc: Jennifer Robertson, agent