20220713 Ver 1_Revision Request_20230327

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00318 County: Mecklenburg U.S.G.S. Quad: NC -Mountain Island Lake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Beacon Partners
Matt Lucarelli
Address: 500 East Morehead Street, Suite 200
Charlotte, NC 28202
Telephone Number: 704-597-7757
E-mail: matt(&beacondevelopment.com
Size (acres) —109 Nearest Town Charlotte
Nearest Waterway Long Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.289579
Longitude:-80.970509
Location description: The review area is located on the east side of Rhyne Road; approximately 2 miles north of the intersection
of Rhyne Road and Moores Chapel Road. PINS: 05326105, 05326101, and 05325115. Reference review area description shown
in the Pre -Construction Notification entitled "Figure la, Aquatic Resource Sketch Mad' dated 11/16/22.
Description of projects area and activity: This verification authorizes the permanent stream and wetlands impacts of 161 linear
feet (0.01 acres) and 0.019 acres, respectively. along with temporary stream impacts of 40 linear feet to facilitate the
construction of an industrial development including 5 buildings and associated employee parking, truck and trailer parking,
stormwater treatment and associated necessary infrastructure and utilities. All temporary stream impacts will be restored to
pre-existing conditions after the completion of construction. In addition, the applicant proposed to restore a relic farm pond to
historic stream channel (600 linear feet) with natural channel design.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 39. Commercial and Institutional Developments and NWP 27. Aquatic Habitat Restoration,
Establishment and Enhancement Activities
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 12/2/2022, and the enclosed plans Wetland Impact Map dated 9/12/2022. 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 (LAMA), 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 conta t Br a i Ro en -Re nolds at 704-510-1440or brvan.roden-reynolds(a,usace.army.mil.
Corps Regulatory Official: Date: 1/23/2023
Expiration Date of Verification: 3/15/2 6
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/f?p=13 6:4:0
Copy furnished:
Agent:
Atlas Environmental
Jennifer Robertson
Address:
338 S. Sharon Amity
Charlotte, NC 28211
Telephone Number:
704-512-1206
E-mail:
jrobertsonAatlasenvi.com

SPECIAL CONDITIONS
a. The permittee shall submit a photographic monitoring report of the on -site stream enhancement to the Corps
project manager responsible for Union County within 30 days of the completion of work authorized by this
verification and for three (3) consecutive years following the commencement of stream enhancement activities.

Action ID Number: SAW-2022-00318 County: Mecklenburg
Permittee: Beacon Partners, Matt Lucarelli
Project Name: Rhyne Road
Date Verification Issued: 1/23/2023
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

CESAW-RG (File Number, SAW-2022-00318)
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 United States Army Corps of
Engineers' (Corps') regulatory authorities is provided in Section 1, detailed evaluation of the
activity is found in Sections 2 through 4 5 and findings are documented in Section 5 6 of this
memorandum. Further, summary information about the activity including the administrative
history of actions taken during project evaluation is attached (ORM2 summary) and
incorporated into this memorandum.
NOTE: This document uses the term pre -construction notification (PCN) to identify when
notification is sent to the Corps to evaluate a proposed activity on a case -by -case basis to
ensure that the activity will cause no more than minimal adverse environmental effects,
individually and cumulatively for verification under a general permit (GP). While PCN is
commonly associated with Nationwide Permit (NWP) verification requests, this document uses
the term PCN for notification sent to the Corps for all GP verifications (i.e., NWPs, Regional
GPs, Programmatic GPs).
1.1 Applicant name: Beacon Partners, Matt Lucarelli
1.2 Activity location: Latitude: 35.289579 Longitude:-80.970509 Location description: The
review area is located on the east side of Rhyne Road; approximately 2 miles north of
the intersection of Rhyne Road and Moores Chapel Road. PINs: 05326105, 05326101,
and 05325115. Reference review area description shown in the Pre -Construction
Notification entitled "Figure la, Aquatic Resource Sketch Map" dated 11/16/22.
1.3 Description of activity requiring verification:This verification would authorize the
permanent stream and wetlands impacts of 161 linear feet (0.01 acres) and 0.019 acres,
respectively, along with temporary stream impacts of 40 linear feet to facilitate the
construction of an industrial development including 5 buildings and associated
employee parking, truck and trailer parking, stormwater treatment and associated
necessary infrastructure and utilities. All temporary stream impacts will be restored to
pre-existing conditions after the completion of construction. In addition, the applicant
proposed to restore a relic farm pond to historic stream channel (600 linear feet) with
natural channel design.
1.4 Existing conditions and any applicable project history:
After -the -fact: No.
1.4.1 Jurisdictional Determination:
Is this project supported by a Jurisdictional Determination? Yes, Preliminary Jurisdictional
Determination 12/21/2022

CESAW-RG (File Number, SAW-2022-00318)
Optional text — Describe here
1.5 Permit authority:
Table 1— Permit Authority
Section 10 of the Rivers and Harbors Act (33 USC 403)
❑
Section 404 of the Clean Water Act (33 USC 1344)
❑x
1.6 Applicable Permit: NWP 39. Commercial and Institutional Developments and NWP
27. Aquatic Habitat Restoration, Establishment and Enhancement Activities
1.7 Waiver Discussion:
Does the activity require a written waiver of the NWP limits? No.
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 which are 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.
2.2 Site specific factors: The review area consists of mostly forested areas with an
existing business located along Rhyne Road and a residential development
abutting to the west. The surrounding land use is comprised of residential
developments, undeveloped lands and commercial developments.
2.3 Coordination
2.3.1 Interagency Coordination
Was the PCN coordinated with other agencies? Yes. 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.

CESAW-RG (File Number, SAW-2022-00318)
2.3.2 Corps internal coordination
Was the PCN coordinated with other Corps business lines? No.
3.0 Mitigation
3.1 Avoidance and minimization
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.
Describe other mitigative actions including project modifications implemented to minimize
adverse project impacts? (see 33 CFR 320.4(r)(1)(i))
The PCN states "the project has been proposed and engineered to avoid and minimize
impacts to the greatest extent possible which includes the size and the positioning of
the proposed buildings and associated construction."
3.2 Compensatory mitigation requirement
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 0.02 acres. There are no specific circumstances that would warrant compensatory
mitigation.
4.0 Compliance with Other Laws, Policies and Requirements
4.1 Section 7(a)(2) of the Endangered Species Act (ESA)
4.1.1 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.
4.1.2 Lead federal agency for Section 7 of the ESA

CESAW-RG (File Number, SAW-2022-00318)
Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
4.1.3 Listed/proposed species and/or designated/proposed critical habitat
Are there listed or proposed species or designated critical habitat or proposed critical habitat
that may be present or in the vicinity of the Corps' action area? Yes.
IPAC Species in Mecklenburg County:
Tricolored bat (Perimyotis subflavus) - Proposed Endangered - Proposed for Listing
Atlantic pigtoe (Fusconaia masoni) - Threatened - Listed
Michaux's sumac (Rhus michauxii) - Endangered - Listed
Carolina heelsplitter (Lasmigona decorata) - Endangered - Listed
Smooth coneflower (Echinacea laevigata) - Threatened - Listed
Schweinitz's sunflower (Helianthus schweinitzii) - Endangered - Listed
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 listed species located within or in the vicinity of the action area and this
activity is one that may affect those listed species. The Corps has determined the
proposed activity will not directly or indirectly affect any species subject to the ESA.
There is no suitable habitat onsite. Also, in a letter dated July 5, 2022, the USFWS stated
"the information provided (by the applicant) indicates that suitable habitat is not
present within the action area for the federally endangered Schweinitz's sunflower,
smooth coneflower, and Michaux's sumac and targeted botanical surveys were not
conducted for these plants. If suitable habitat is not present within the action area for
these species, we would not object to a no effect determination from the action
agency."
4.1.4 Section 7 ESA consultation
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
December 12, 2022, 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

CESAW-RG (File Number, SAW-2022-00318)
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.
4.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH)
N/A, there is no essential fish habitat in this district's area of responsibility.
4.2.1 Lead federal agency for EFH provisions of the Magnuson -Stevens Act
Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act with the Corps designated as a cooperating agency and has that consultation been
completed? No.
4.2.2 Magnuson -Stevens Act
Did the proposed project require review under the Magnuson -Stevens Act? No.
4.3 Section 106 of the National Historic Preservation Act (Section 106)
4.3.1 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
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.
4.3.2 Lead federal agency for Section 106 of the National Historic Preservation Act
Has another federal agency been identified as the lead federal agency for complying with
Section 106 of the National Historic Preservation Act with the Corps designated as a
cooperating agency and has that consultation been completed? No.
4.3.3 Historic properties
Known historic properties? Yes. Based on the NCDCR "HPOWEB" service and aerial
photographs, there are known historic properties located in the permit area or in close
proximity to the permit area.

CESAW-RG (File Number, SAW-2022-00318)
Effect determination and basis for that determination: The Corps has determined the
proposed activity will not adversely effect properties listed or eligible for listing in the
National Register of Historic Places. 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).
4.3.4 Consultation with the appropriate agencies, tribes and/or other parties for effect
determinations
Consultation was initiated and completed with the appropriate agencies, tribes and/or other
parties for any determinations other than "no potential to cause effects." (see the attached
ORM2 Summary sheet for begin date, end date and closure method of the consultation)
The Corps initiated consultation with NCSHPO on December 20, 2022. In a letter dated
January 20, 2023, the NCSHPO stated "the proposed new construction and USACE
permitting of impacts areas will have no adverse effect on the adjacent Piedmont and
Northern Railway Linear Historic District (MK3298)."
4.4 Tribal Trust Responsibilities
4.4.1 Tribal government -to -government consultation
Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
4.4.2 Other Tribal consultation
Other Tribal including any discussion of Tribal Treaty rights? No. There are no known tribal
interests in the project area.
4.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
4.5.1 Section 401 WQC requirement
Is a Section 401 WQC required, and if so, has the certification been issued or waived? An
individual water quality certification is required and has been issued by the certifying
agency.
The North Carolina Department of Environmental Quality issued an Individual Water
Quality Certification on December 16, 2022.
4.5.2 401(a)(2) Process
If the certifying authority granted an individual WQC, did the United States Environmental
Protection Agency make a determination that the discharge `may affect' water quality in a
neighboring jurisdiction? No
Provide an explanation of the determination of the effect on neighboring jurisdiction.
In an email dated December 19, 2022, the EPA stated "The EPA Region 4 Oceans,

CESAW-RG (File Number, SAW-2022-00318)
Wetlands and Streams Protection Branch considered the potential for water quality
impacts to a neighboring jurisdiction from the project as certified. The EPA will not
issue a may affect determination for this project pursuant to CWA Section 401(a)(2)."
4.6 Coastal Zone Management Act (CZMA)
4.6.1 CZMA consistency concurrence
Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
objected to, or presumed? N/A, a CZMA consistency concurrence is not required.
4.7 Wild and Scenic Rivers Act
4.7.1 National Wild and Scenic River System
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?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
4.8 Effects on Corps Civil Works Projects (33 USC 408)
4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33 USC 408)
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.
4.9 Other (as needed)
N/A
4.10 Compliance Statement
The Corps has determined that it has fulfilled its responsibilities under the following laws,
regulations, policies, and guidance:
Table 4 — Compliance with Federal Laws and Responsibilities
Laws, Regulations, Policies, and
Guidance
Yes
N/A
Section 7 a 2 of the ESA
X
EFH provisions of the Magnuson -Stevens
Act
X
Section 106 of the NHPA
X
Tribal Trust
X
Section 401 of the CWA
X
CZMA
X

CESAW-RG (File Number, SAW-2022-00318)
Table 4 - Compliance with Federal Laws and Responsibilities
Laws, Regulations, Policies, and
Guidance
Yes
N/A
Wild and Scenic Rivers Act
X
Section 408 - 33 USC 408
X
Other:
X
5.0 Special Conditions
5.1 Special condition(s) requirement(s)
Are special conditions required to ensure minimal effects, ensure the authorized activity is not
contrary to the public interest and/or ensure compliance of the activity with any of the laws
above? No.
If no, provide rationale: The terms and conditions of the general permit are sufficient to
ensure no more than minimal adverse effects, and no conditions are needed for
compliance with other laws or to protect the public interest.
6.0 Determination
6.1 General Permit Statement
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.
6.2 Compliance Statement
This activity, as described, complies with all terms and conditions of the permits identified in
Section 1.5.
PREPARED BY:
- - Date: 1 /23/2023
Bryan Roden -Reynolds

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