20230971 Ver 1_Locust Elm St_UpdatedPCN_Binder_20230706

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2019 - 2037 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Crossroads (Locust - Elm St.)
2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN for a residential development
4. Property Owner / Applicant [PCN Form A3 or A4]: Jon Burgess - D R Horton (Applicant)
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 135b]: DWR #20-0621
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.2519,-80.4106
Oakboro, NC
s. Project Location - Tax Parcel ID [PCN Form I31a]: 557504806640, 557402793292
9. Project Location — County [PCN Form A2b]: Stanly
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Oakboro
11. Project Information — Nearest Waterbody [PCN Form 132a]: Island Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 - Rocky
Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 29
❑ Regional General Permit #
Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
July 6, 2023
Ms. Krysta Stygar
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Mr. Andrew Pitner
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wojoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street, Asheville, NC 28801
Subject: SAW-2019-02037; Pre -Construction Notification for NWP 29 for the Crossroads —
Locust Elm St. Site, Locust, Stanly County, NC.
Ms. Stygar and Mr. Pitner, Wojoski, and Hamstead,
Enclosed is a request for Nationwide Permit 9 29 for the approximately 123.5-acre site known as
the Crossroads / Locust — Elm St. site located on the northeast and southwest sides of Elm Street;
approximately 0.9 miles east of the intersection of Elm Street and S. Central Avenue. The site is
a proposed low -impact residential development and consists of nine streams, fifteen wetlands
and one open water pond. The site was field -verified by the USACE (Bryan Roden -Reynolds) on
1/9/20. Please refer to the Jurisdictional Determination section and attached Notice of
Jurisdictional Determination (SAW-2019-02037) for information on onsite surface waters.
In May of 2020, NWP 29 was previously verified by USACE and NCDEQ. Following the
commencement of construction, additional minor impacts were required. As shown on the
attached exhibits, the project included permanent impacts to two streams and two wetlands for
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetiands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PM 283
Asheville, NC 28805

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
road crossing access to the proposed residential areas and one temporary stream impact for utility
installation. The road crossings have been narrowed to the minimum possible extent. Rip rap
placed within the stream, located at the upstream and downstream sides of each crossing, was
designed to minimize impacts but provide appropriate energy dissipation per local ordinance
recommendations (HEC-14 guidelines). All installed rip rap has been placed at pre -construction
streambed elevations.
Overall impacts to site surface waters associated with the proposed development were limited
through site selection location, design, location/orientation of the proposed lots and access
routes. The total loss to Waters of the US are limited to 130 linear feet (0.018 AC) of stream
impacts and 0.07 acres of wetland impacts. Impacts not indicated on the previous application
include the installation of additional rip rap and an extension to the previously proposed culvert.
These additional impacts were installed to provide additional protection from scour along the
roadway embankment and to accommodate the width of the roadway right-of-way.
The applicant has demonstrated substantial avoidance and minimization efforts in which 98.2%
of the original 7,248 linear feet of stream channel and 92.4% of the original 0.921 acres of
wetlands onsite will be avoided. Due to the limited amount of anticipated impacts to site surface
waters, no mitigation is proposed for the development.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area prior to commencement of construction in 2020
and we believe that there will be no effect on listed species or their critical habitat as designated
under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the terrestrial species evaluation. Thank you for your consideration and please contact
me if you have any questions, [phone] or email at [e-mail].
Sincerely,
Heath Caldwell, PWS
Environmental Scientist
Kelsey Strausbaugh
Environmental Scientist
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 2
[e-mail]

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Permit Application

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Crossroads - Locust Elm St.
2b.
County:
Stanly
2c.
Nearest municipality / town:
Oakboro
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Please refer to Tax Parcel Map
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
707 Elm Street
3e.
City, state, zip:
Locust, NC 28097
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Developer
4b.
Name:
Jon Burgess
4c.
Business name
(if applicable):
D.R. Horton
4d.
Street address:
8025 Arrowridge Blvd
4e.
City, state, zip:
Charlotte, NC 28273
4f.
Telephone no.:
704.574.8545
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Heath Caldwell
5b.
Business name
(if applicable):
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28227
5e.
Telephone no.:
704.999.5279
5f.
Fax no.:
5g.
Email address:
heath. [e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
557504806640, 557402793292
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.2519 Longitude:-80.4106
1 c.
Property size:
123.5 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Island Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
03040105
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Following commencement of construction, majority of the site has been converted to lots for residential developments, including roadways and utility
installations. The remaining surrounding forested area consists of mixed pine and hardwood forest that is disturbed throughout.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.851
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,118
3d. Explain the purpose of the proposed project:
The residential development includes installed permanent impacts to two streams and two wetlands for road crossing access and utility installation.
3e. Describe the overall project in detail, including the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments: Verification received 1/9/2020 SAW-2019-02037
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Preliminary Jurisdictional Determination request was submitted on 10/16/19 (SAW-2019-02037) and was field verified by Bryan Roden Reynolds on
1/9/20. The updates to the JD and the site verification have been included in the Jurisdictional Determination and Approvals sections, respectively.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
Installation of proposed impacts required additional impacts above what was previously permitted. Additional rip -rap was
placed due to the orientation of the stream at the base of the retaining wall at Impact 2 for stabilization purposes. The pipe at
Impact 2 was lengthened to accommodate the right of way/roadway requirements at the crossing.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
All phases are included in this application.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.04
W2 P
Fill
Headwater Wetland
Yes
Corps
0.03
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.07
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
Stream S
PER
Corps
6
55
S2 P
Fill
Stream S
PER
Corps
6
41
S3 P
Culvert
Stream A
PER
Corps
6
75
S4 P
Fill
Stream A
PER
Corps
6
47
S5 T
Excavation
Stream A
PER
Corps
6
40
S6
Choose one
3h. Total stream and tributary impacts
218
3i. Comments:
Riprap used for streambank stabilization upstream and downstream of each crossing was installed at pre -construction streambed elevations and
should not contribute to a loss of Waters of the US. Total loss to Waters of the US for the proposed project includes 130 LF of stream impacts.
Temporary stream impact on S5 is for open cut utility installation. All impacts are currently installed.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the on site streams and wetlands, opportunities to completely avoid these areas were limited. Impacts to site surface waters
associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access
routes. Rip rap placed within the stream, located at the upstream and downstream sides of each crossing, was designed to minimize impacts but
provide appropriate energy dissipation per HEC-14 guidelines. All installed rip rap was placed at pre -construction streambed elevations.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques used implemented approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving
conveyances.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
23 89 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
Storm water on the site will be handled by facilities shown on the attached plans.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Locust
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Locust
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
[]Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑X Yes ❑ No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Installation of proposed impacts required additional impacts above what was previously permitted. Additional rip -rap was placed due to the orientation
of the stream at the base of the retaining wall at Impact 2 for stabilization purposes. The length of the pipe at Impact 2 was extended to accommodate
the
width of the roadway/right of way at this crossing.
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater
generated on the site will be transported to the nearest treatment facility via sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A Threatened/Endangered species assessment was conducted prior to commencement of construction in 2020 in which no species were identified.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: http://gis.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
https://stanly.connectgis.com/Map.aspx
Heath Caldwell
07-06-2023
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Proj ect/Site Name: Locust Elm St./Crossroads
Property Address: South of intersection of Elm St. & Mockingbird Ln. Locust, NC
Parcel Identification Number (PIN): 557504806640, 55740279329
Select one: I am the current property owner
Name: Jon Burgess
Company: D.R. Horton
Mailing Address: 8025 Arrowridge Blvd Charlotte, NC 28273
Telephone Number: 704.574.8545
Electronic Mail Address: [e-mail]
Property Owner / Interested Buyer*vOther*
6/12/2023
Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg.
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
len. rindnergwetlands-epg.com

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Bad Eadin channety siltkUam, 8 to 16-0 13.1°!
15 percent slopes
BaF Kadin chan nety silt loam, 15 to 3.9 3-2%
45 percent slopes
GaB Gecrgeville silt loam, 2 to 8 5.9 4-8
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GoF G kston very channery silt 22.9 18-7%
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ThE Tatrus channery silt loam, 2 to 27-8 22-7%
8 percent slopes
ThD Tarrus channery silt loam, 8 to 43.4 35-5%
15 percentsiopes
TdE Tarru"rtran tand complex, 2 0.9 0-7%
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Totals for Area of Interest 122.2 100.0°.
FIGURE NO. LOCUST — ELM STREET Drawn By: Reviewed By:
Stanly Co., INC NRN LSR
DATE:
NRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.- 12/12/18
- EXISTING CONDITIONS STUDY
SUBJECT TO NCDEQ VERIFICATION

PROJECT BOUNDARY _ _
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-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
DATE:
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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Locust — Elm Street
Stanly County, North Carolina
By: Lisa R. Gaffney
February 24, 2020
Charlotte Office: www.wetiands-epg.com
Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
[phone]
I en. ri nd ner@wet Ian ds -epg. co m

Locust Elm Street - Threatened/ Endangered / Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Locust — Elm Street site (+/- 123.48 acres) is located northeast and
southwest of Elm Street, and just south of NC Hwy 27, in Locust, Stanly County,
North Carolina. It can be found on the Locust, NC USGS Topographic
Quadrangle Maps; latitude is 35.2519 N, longitude is-80.4106 W. The
topography is moderately sloped. The elevation ranges from 580 to 670 ft.
(Figure 1). The site is primarily farmland and woodlands covered with pastures,
hay fields, crop fields, fencerows, dirt roads, farmhouses, barns and sheds, and a
mixed pine and hardwood forest that is disturbed throughout.
Figure 1:
F IG LIRE NO.i I I LOCUST — ELM STREET I Drawn E?p: I Rev�vred ey:
StanN Co, NC I NRN ' LSR
USES MAP DATE:
- WAT ES OFTHE US.- 12f12f1E
a IST ING CON 6R IONS STU DY
SLGIFCT TO USACE L1rR9JC4 MY
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Locust Elm Street - Threatened/ Endangered / Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/nc counties.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Stanly County, North Carolina, the results of which are listed below (Table 1).
Maps and aerial photographs were assembled, and the site was investigated
during the week of February 17, 2020
Table 1: Threatened / Endangered / Protected Species listed for
Stanly County, NC
County: Stanly, NC
*Source: US Fish & Wildlife Service
**Data search on February 17, 2020
Federal
Group Name Status Record Status
Vascular Schweinitz's sunflower (Helianthus Endangered Current
Plants schweinitzii)
Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus /eucocepha/us) Protected Current
SPECIES DESCRIPTIONS:
One plant species with federal protection is listed as potentially occurring in
Stanly County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights -of -way (ROW).
WEPG 3
Wetlands and Environmental Planning Group

Locust Elm Street - Threatened/ Endangered / Protected Species Evaluation
Two animal species with federal protection are listed as potentially occurring in
Stanly County:
Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of
open water such as lakes, marshes, seacoasts and rivers, where there are
suitable fish populations and tall trees for nesting and roosting.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non -reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
RESULTS:
The site is primarily farmland and woodlands covered with pastures, hay fields,
crop fields, fencerows, dirt roads, farmhouses, barn and sheds, and a mixed pine
and hardwood forest that is disturbed throughout. There is a livestock farm on
the northern portion of the site, along with associated outbuildings, lawns and
landscaping. There are several fencerows segmenting open portions of the land.
The wooded slopes have streams and drainages that flow easterly to Island
Creek off site. There are areas of dense sucessional vegetation from old field
succession and timber harvesting on southwestern portions of the site. There is
an open water stock pond located centrally.
Much of the northeastern portion of the site is pasture land and hay fields
dominated by forage grasses and common forbs including Fescue (Festuca
spp.), Orchardgrass (Dactylis glomerate), Kentucky Bluegrass (Poa pratensis),
Timothy -grass (Phleum pratense), Johnson Grass (Sorghum halepense), White
clover (Trifolium repens), and Sorghum (Sorghum bicolor). Winter forbs and
weedy species present include Henbit (Lamium amplexicaule), Shepherd's Purse
(Capsella bursa -pa storis), Chickweed (Stellaria media), and Speedwell (Veronica
filiformis).
Portions of the site, primarily in the old fields, timbered areas, and along the
fencerows, are covered with a sucessional scrub/shrub community composed of
pine and hardwood saplings and young trees, and blackberry and woody vine
thickets. Dominant species present include Winged Elm, (Ulmus alata), Red
Maple (Acerrubrum), Honey Locust (Gleditsia triacanthos), Sweetgum
(Liquidambar styracif/ua), Shortleaf Pine (Pinus echinata), Virginia Pine (Pinus
virginiana), Red Cedar (Juniperus virginiana), Black Cherry (Prunus serotina),
WEPG 4
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Locust Elm Street - Threatened/ Endangered / Protected Species Evaluation
Persimmon (Diospyros virginiana), Black Gum (Nyssa sylvatica), Blackberry
(Rubus sp.), Russian Olive (Elaeagnus umbellate), Smooth Sumac (Rhus
glabra), Groundsel (Baccharis halimifolia), Japanese Honeysuckle (Lonicera
japonica), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans).
The disturbed mixed hardwoods forest on the slopes and drainages approximate
a Basic Oak -Hickory Forest community type, grading into Piedmont/Low
Mountain Alluvial Forest in the bottomlands along the streams. The canopy is
composed of White Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q.
rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos), Pignut Hickory
(Carya glabra), Shagbark Hickory (C. ovata), Sweetgum (Liquidambar
styraciflua), Yellow Poplar (Liriodendron tulipifera), Hackberry (Celtis laevigata),
American Elm (Ulmus americans), and White Ash (Fraxinus americana). The
subcanopy is composed of Flowering Dogwood (Corpus f/orida), American Holly
(Ilex opaca), Mulberry (Morus rubra), Winged Elm (Ulmus alata), Black Cherry
(Prunus serotina), Eastern Red Cedar, and Black Gum (Nyssa sylvatica). The
shrub layer includes Black Haw (Viburnum prunifolium), and Pinxter Azalea
(Rhododendron nudif/orum), Heart's-a-burtstin (Euonymus americanus),
Blueberry (Vaccinium spp.), Chinese Privet (Ligustrum sinense), and Russian
Olive (Elaeagnus angustifolia). Vines present are Japanese Honeysuckle,
Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia),
Mikania scandens (Climbing Hempvine), Catbrier, and Poison Ivy. The herb layer
includes Heartleaf Ginger (Hexastylis arifolia), Christmas Fern (Polystichum
acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Spotted
Wintergreen (Chimaphila maculata), American alumroot (Heuchera americans),
Running Pine (Lycopodium f/abelliforme), Downy Rattlesnake Plantain
(Goodyera pubescens), Curlyheads (Clematis ochroleuca), Beardtongue
(Penstemon sp.), Solomon's Seal (Polygonatum biflorum) and Japanese Stilt
Grass (Microstegium vimineum).
The assemblage of plants growing in the transitional areas and roadsides
includes Sericea Lespedeza (Lespedeza cuneata), Goldenrod (Solidago sp.),
Blackberry, Broomsedge (Andropogon virginicus), Thoroughwort (Eupatorium
sp.), and St. John's Wort (Hypericum punctatum).
WEPG
Wetlands and Environmental Planning Group

Locust Elm Street - Threatened/ Endangered / Protected Species Evaluation
Threatened & Endangered/Protected Species Results
All potential habitats for Schweinitz's Sunflower along the roadsides,
woods and field edges were examined. None of these habitats had
suitable conditions for Schweinitz's Sunflower and the species was not
found.
No suitable nesting habitat exists on the site for Bald Eagles, and there
were no sightings nor were any nesting sites observed.
Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it
appears that the site meets the "exempt" criteria which requires no further
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
044t, # 1*e�l
Lisa R. Gaffney
Biologist
February 24, 2020
on
Wetlands and Environmental Planning Group

Locust Elm Street - Threatened/ Endangered / Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist, and has
conducted field work and investigative studies covering thousands of cumulative acres in
both North and South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed,
and worked in field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 50,000 acres in North and South Carolina, 1996 - present.
• Located and identified numerous previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Located a previously unknown population of Federally Endangered Schweinitz's
Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to
the purchase of the site by the State of North Carolina Plant Conservation
Program, now called Redlair Preserve. This population has become a Recovery
Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in Mecklenburg,
Union, Cabarrus and Gaston Counties, North Carolina.
WEPG 7
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

EI
Approvals /
Authorizations

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02037 County: Stanlv U.S.G.S. Quad: NC- Locust
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
JBH Develooment, LLC
J. Bart Hopper
Address:
1616 Cleveland Avenue
Charlotte, NC 28203
Telephone Number:
704-805-4801
E-mail:
bhopper(dhoppercommunities.com
Size (acres)
123.5
Nearest Town Locust
Nearest Waterway
Island Creek
River Basin Pee Dee
USGS HUC
03040105
Coordinates Latitude: 35.2519
Longitude:-80.4106
Location description: The review area is located on the northeast and southwest sides of Elm Street; approximately 0.9 miles
east of the intersection of Elm Street and S. Central Avenue. PINS: 557504806640 and 557402793292. Reference review area
description shown in
Jurisdictional Determination Request package
entitled "Figure 1. Vicinity Mad' and Printed Date of
12/12/2018.
Indicate Which of the Following Appl
A. Preliminary Determination
® There appear to be waters, including wetlands 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, including wetlands 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 10/7/2019. 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, including wetlands 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, including wetlands 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, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands 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, including wetlandson 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, including wetlands 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.

SAW-2019-02037
❑ The waters, including wetlands 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 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five 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 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 the Corps regulatory program, please contact Brvan Roden-Revnolds at 704-510-1440 or
b ry an. ro den-revno ld s(d, u s ace. armv. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 1/9/2020.
D. Remarks: None.
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 Shamun, 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.**
RODEN Digital lysigned by RODEN REYNOLDS.BRYAN.KENNETH.] 263385574
Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2020.01.09 16:07:52 -05'00'
Date of JD: 1/9/2020 Expiration Date of JD: Not applicable

SAW-2019-02037
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.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Grout)
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(dwetlands-et)g.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: JBH Development, LLC, J. Bart Hopper File Number: SAW-2019-02037
Date: 1/9/2020
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
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.annv.mil/Missions/CivilWorks/Res4ulatorvPros4ramandPennits.asi)
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 11 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 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.
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: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
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: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 1/9/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: JBH Development, LLC, J. Bart Hopper, 1616
Cleveland Avenue, Charlotte, NC 28203
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Elm Street, SAW-2019-02037
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the northeast
and southwest sides of Elm Street; approximately 0.9 miles east of the intersection of Elm Street and S. Central Avenue.
PINS: 557504806640 and 557402793292. Reference review area description shown in Jurisdictional Determination
Request package entitled "Figure 1, Vicinity Map" and Printed Date of 12/12/2018.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Stanly City: Locust
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2519 Longitude:-80.4106
Universal Transverse Mercator:
Name of nearest waterbody: Island Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 01/09/2020
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Type of aquatic
Geographic authority to
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
degrees)
degrees)
review area (acreage
wetland vs. non -
'may be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
SEE ATTACHED TABLE
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 (AID) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AID 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 AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID 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 subject permit authorization without requesting an AID
constitutes the applicant's acceptance of the use of the PID; (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 PID 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, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PID, the ID will be processed as soon as practicable. Further, an AID, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is
practicable. This PID 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 should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-6
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, USGS Map (1:24,000 Locust, NC)
® Natural Resources Conservation Service Soil Survey. Citation: Figure 4, NRCS Published Soil Map (Soil Survey of
Stanly County)
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 1, Vicinity Map (Dated 12/12/2018), Figure 2, Aerial Map (Dated
12/12/2018), and Figure 6, Delineation Map (Dated 10/07/2019)
or ®Other (Name & Date): Photographs 1-6 (Dated
12/19/2018 and 08/29/2019)
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): NCDWQ Stream Reach Evaluation Forms (Dated 08/29/2019) and Figure 5,
Tax Parcel Map (Dated 09/06/2019
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later iurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KE REYNOLDS.BRYAN.KENNETH.126
3385574
NNETH.1263385574 Date: 2020.01.09 16:07:30 -05'00'
Signature and date of Regulatory
staff member completing PJD
1/9/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02037 County: Stanlv U.S.G.S. Quad: NC -Locust
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Hopper Communities
Bart Hopper
Address: 1616 Cleveland Ave
Charlotte, NC 28203
Telephone Number: 704-805-4801
E-mail: bhopper(dhoppercommunities.com
Size (acres) 123.5 Nearest Town Locust
Nearest Waterway Island Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.2519
Longitude:-80.4106
Location description: The review area is located on the northeast and southwest sides of Elm Street; approximately 0.9 miles
east of the intersection of Elm Street and S. Central Avenue. PINS: 557504806640 and 557402793292. Reference review area
description shown in Jurisdictional Determination Request Dackage entitled "Figure 1, Vicinity Mad' and Printed Date of
12/12/2018.
Description of projects area and activity: This verification authorizes the permanent stream impacts of 117 linear feet and
wetland impacts of 0.07 acres to facilitate the construction of a residential development.
Applicable Law(s): N 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 enclosed
Conditions, your application signed and dated 5/11/2020, and the enclosed plans Figures 6-23 dated 3/11/2020. 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 authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide 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 Brvan Roden-Revnolds at 704-510-1440or brvan.roden-revnolds(dusace.armv.mil.
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 D�9rtzRy lig-d by RODEN REYNOLDS.BRYANXENNETN.12633s5574
Corps Regulatory Official: Dd1 202005.191408 20° W' Date: 05/19/2020

Expiration Date of Verification: 03/18/2022
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.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Grout)
Heath Caldwell
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28227
Telephone Number: 336-554-2728
E-mail: heath.caldwell(dwetlands-et)g.com

SPECIAL CONDITIONS
a. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adj acent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined
with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory
mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of
the U.S., are greater than 150 linear feet or perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Action ID Number: SAW-2019-02037 County: Stanly
Permittee: Hopper Communities, Bart Hopper
Project Name: Locust Site
Date Verification Issued: 05/19/2020
Project Manager: Bryan Roden -Reynolds
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: Bryan Roden -Reynolds
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

SAW-2019-02037
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Hopper Communities, Bart Hopper
1.2 Activity location -Latitude- 35.2519 Longitude:-80.4106 Location description: The review area
is located on the northeast and southwest sides of Elm Street; approximately 0.9 miles
east of the intersection of Elm Street and S. Central Avenue. PINs: 557504806640 and
557402793292. Reference review area description shown in Jurisdictional Determination
Request package entitled "Figure 1, Vicinity Map" and Printed Date of 12/12/2018.
1.3 Description of activity requiring verification: This verification would authorize the permanent
stream impacts of 117 linear feet and wetland impacts of 0.07 acres to facilitate the
construction of a residential development.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 5/19/2020
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 1/9/2020.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.

SAW-2019-02037
2.2 Site specific factors: The review area is primarily farmland and woodlands covered with
pastures, hay fields, crop fields, fencerows, dirt roads, farmhouses, barns and sheds,
and a mixed pine and hardwood forest that is disturbed throughout the review area.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site -The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
No.
Provide rationale: No compensatory mitigation is required because the applicant has
minimized impacts and the loss of wetlands associated with the activity is less than
0.10 acre. There are no specific circumstances that would warrant compensatory
mitigation. No compensatory mitigation is required because the applicant has
minimized impacts and the loss of stream channel associated with the activity is less
than 150 linear feet. There are no specific circumstances that would warrant
compensatory mitigation.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
3.1.3 Known species/critical habitat present? No. The Corps has determined that it has
fulfilled its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Stanly County:

SAW-2019-02037
NAME: Northern Long-eared Bat (Myositis septentrionalis) STATUS: Threatened
NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program's NHEO
data, there are no protected species located within or in the vicinity of the action area.
The Corps has determined the proposed activity will not directly or indirectly affect any
species subject to the ESA.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on May 19, 2020, informing them about this
project.
Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.
Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No.
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities

SAW-2019-02037
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information
needed? No. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site
visit, there are no known historic properties located in the permit area or in close
proximity to the permit area.
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the activitiy is limited in
nature and scope. This activity is so limited in nature and scope that there is little
likelihood of impinging upon a historic property even if such properties were present
within the affected area(s).
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?

SAW-2019-02037
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
Lick here to enter text
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? Yes.
4.2 Required special condition(s)
Special condition:
a. Please be advised that if additional impacts to waters of the U.S., either on this property or
on/adjacent to this property and associated with this project/activity, are proposed at a later
date, those impacts will be combined with the current impacts to waters of the U.S. and will be
reviewed cumulatively. Generally, compensatory mitigation will be required if individual or
cumulative (i.e., past and present) losses or degradation of waters of the U.S., are greater than
150 linear feet or perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear
feet of perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed
under an Individual Permit. This verification of the use of the Nationwide Permit Program for
this project does not imply that this office will necessarily approve any future proposal to
impact waters of the U.S. on this property and/or associated with this project/activity.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.
5.2 The activity will result in no more than minimal individual and cumulative adverse effects on
the aquatic environment and will not be contrary to the public interest.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.12633 REYNOLDS.BRYAN.KENNETH.1263385574
85574 Date: 2020.05.19 14:07:12 -04'00' Date: 05/19/2020
Bryan Roden -Reynolds

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
Mr. Bart Hopper
Hopper Communities
1616 Cleveland Ave.
Charlotte, NC 28203
NORTH CAROLINA
Environmental Quality
May 21, 2020
DWR# 20-0621
Stanly County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Locust Site Development
Dear Mr. Hopper:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated May 4, 2020, and
received by the Division of Water Resources (the Division) on May 8, 2020. After reviewing
your application, we have determined that this project is covered by Water Quality General
Certification Number 4139 which can be viewed on our web site at
https://deg. nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-
branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-program The General
Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers (COE). Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 300 linear feet, compensatory mitigation may be required. If the
property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions. 15A NCAC
02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
D Qi� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
N11H fH (:A�i(1!.INA �
n.w O'tore'wml talQ"I 704.663.1699

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
117 linear ft.
Wetland (HWW)
0 acre
0.07 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 50 feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Water Quality/Stormwater: Site is designed as Low Density Development. Otherwise,
please provide documentation showing that water quality from the development will not
be impaired. A storm water management plan in lieu of such documentation is
acceptable if approved by a delegated or state authority. 15A NCAC 2H .1000
7. Stormwater discharge structures at this site shall be constructed in a manner such that
the potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
8. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
9. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
10. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
11. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case -by -case basis. 15A NCAC 02B .0200

12. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)
13. Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401/Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS. FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699.
Sincerely,
DocuSigned by:
A.r44tW H P441ft for
F161 FB69A2D84A3...
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Bryan Roden Reynolds, Army Corps of Engineers, Charlotte, email
Len Rindner, WPEG, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, _ _, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, _ _, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, _ as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date