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HomeMy WebLinkAbout20041466 Ver 2_401 Application_20150629S &ME, Inc 9751 Southern Pine Blvd Charlotte, NC 28273 (704) 523 -4726 (704) 525 -3953 fax N C Division of Water Resources 401 & Buffer Permittina Unit 512 North Salisbury Street, 9th Floor Raleiqh, North Carolina 27604 Attn Ms Karen Hiagrns • Date: 06 29 2015 1 Job No.: 7335 -15 -021 Attention: Ms Karen Higgins Re: Chesapeake Point a We are Sending You: ® Attached ❑ Under separate cover via the following items ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Report ® Pre - Construction Notification NWP No 29 Copies Date No Description 5 06 29 2015 1 Pre- Construction Notification 1 06 29 2015 2 Copy of CD 1 05 08 2015 3 Check for Processing Fee These are Transmitted as Checked Below: ❑ For your records ® For your approval ❑ As requested ❑ For review and comment ❑ For Bids Due _ /_/ ❑ Prints Returned after Loan to Us Remarks: Please let us know if you have anv questions reqardina the above Thank you — Joev Signed: J Lawl P S &ME, INC / 9751 Southern Pine Boulevard / Charlotte, NC 28273 -5560 / p 704 523 4726 IF 704 525 3953 / www smemc corn June 29, 2015 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Attention: Ms. Tasha Alexander N.C. Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street, 9th Floor Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins • P 0 bq' JUN 3 0 2015 D _NR - WATER ' J _ 401 $ gUFFER ERMITTINN 1 Reference: Pre - Construction Notification: NWP No. 29/WQC No. 3890 Chesapeake Point Subdivision Mooresville, North Carolina S &ME Project No. 7335 -15 -021 USACE Action ID No. 200421252 DWR Project No. 04 -1466 Dear Ms. Alexander and Ms. Higgins: On behalf of Peachtree Residential Properties (Peachtree), S &ME is pleased to submit this request for reauthorization of previously- approved activities involving a stream crossing at Chesapeake Point subdivision. The subject property is an approximate 112 - acre tract generally located south of and adjacent to Isle of Pines Road, east of Brawley School Road, and north of and adjacent to Lake Norman, in southwestern Iredell County, North Carolina (35.557 °N, 80.912 °W). In support of this application, please find enclosed the following: ® Figures- Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), a Soil Survey Map (Figure 3) and a 2014 Aerial Photograph (Figures 4) ® Appendix I: Completed Pre - Construction Notification (PCN) and Authorization to Act as Agent ® Original Permit Authorization Letters • Appendix III: Site Photographs • Appendix IV: Request for Preliminary Jurisdictional Determination • Appendix V: Cross Section Drawing • Appendix VI: Original Agency Scoping Correspondence S &ME, INC / 9751 Southern Pine Boulevard / Charlotte, NC 28273 -5560 / p 704 523 4726 f 704 525 3953 / www smeinc corn Pre - Construction Notification SWE Project No. 7335 -15 -021 Chesapeake Point NWP Reauthorization June 29, 2015 GENERAL PROJECT INFORMATION AND BACKGROUND The project area is located within an undeveloped portion of the Chesapeake Point subdivision. S &ME conducted a jurisdictional delineation (JD) of the on -site wetlands and waters of the U.S. in June 2003 (S &ME Project No. 1357-03-402-C). Later in 2004, the developer's grading contractor constructed two temporary access roads across two of the on -site streams without first providing the U.S. Army Corps of Engineers (USACE) with written notification. The work resulted in impacts to approximately 200 linear feet (If) of stream. Upon Peachtree's discovery of the impacts, the North Carolina Division of Water Quality (now the Division of Water Resource [DWR]) and the USACE were notified. On August 26, 2004, S &ME submitted an "After- the - Fact" permit application to the USACE /DWR for permanent impacts to the two streams totaling 1401£ The remaining 601f of affected stream was restored by the developer. Authorization to construct the two crossings was granted by the DWR (Project No. 04- 1466) in September 2004 and by the USACE (Action ID No. 200421252) in October 2004. Following construction of one of the crossings, development of the subdivision was placed on hold by the developer, and the second permanent stream crossings was never constructed. Since that time, the USACE and DWR permits have expired, and development of the subdivision has resumed. Accordingly, Peachtree is now seeking reauthorization of the aforementioned permits, such that the remaining stream crossing can be installed. Copies of the original permit authorization letters are included in Appendix II. EXISTING ENVIRONMENT The subject property is partially developed as a residential subdivision. Remaining portions of the tract are undeveloped, and vegetated with a mixture of planted pine trees and mature hardwood species. The surrounding area is comprised of a mix of residential development, vacant woodland and farm fields. The location of the proposed crossing consists of a former earthen access road and temporary crossing that have become overgrown with invasive and volunteer vegetation. Photographs of typical conditions observed within the project area are included in Appendix III. As previously indicted, S &ME delineated jurisdictional boundaries within the Chesapeake Point property in June 2003, and identified six jurisdictional streams and adjacent wetland areas that flank the respective streams. The jurisdictional boundaries were surveyed and platted on an August 12, 2004 map by Chas. H. Sells, Inc. Based on an April 7, 2015 conversation between our Joey Lawler and Tasha Alexander, we understand that the existing JD can no longer be relied upon due to the amount of time that has passed since its expiration. Ms. Alexander stated that the jurisdictional boundaries within and directly adjacent to the remaining stream crossing location, and that a "Preliminary" JD would be sufficient to proceed with re- authorization of the permit. Accordingly, S &ME personnel visited the site on April 28, 2015, and conducted a jurisdictional delineation of the proposed road crossing footprint in accordance with 2 Pre - Construction Notification SWE Project No. 7335 -15 -021 Chesapeake Point NWP Reauthorization June 29, 2015 guidance set forth in the 1987 USACE Wetlands Delineation Manual as amended by the Eastern Mountains and Piedmont Regional Supplement Guide. Field conditions were documented using USACE Routine Wetland Determination Data Forms, as appropriate. The stream feature was classified following guidance described in the 2010 NCDWR Stream Identification Methodology of Intermittent and Perennial Streams and Their Origins ver. 4.11. For purposes of the Preliminary JD, the "project area" was limited to the location of the proposed crossing, and approximately 50 feet upstream and downstream in either direction. During the delineation, the jurisdictional boundaries were identified with a Trimble© GeoXH GPS unit capable of sub -meter accuracy. S &ME also photographed representative conditions and collected data necessary for submission of this Preliminary Request for JD. Aside from the subject stream channel, S &ME delineated a small wetland within the project area that was not present during the original 2003 delineation. In accordance with the N.C. Wetland Assessment Methodology, Wetland A was classified as a Headwater Forest wetland type. Overstory vegetation included black willow (Salix nigra), sycamore (Platanus occidentalis) and ironwood (Carpinus caroliniana). Soils within the wetland area were hydric and exhibited a depleted matrix within 12 inches of the surface. In addition to wetland hydrologic indicators such as water - stained leaves and sediment deposition, saturation was observed at or within 12 inches of the surface. As stated previously, the approximately 10 -foot wide earthen temporary channel crossing was observed in its original location and has become overgrown with invasive and volunteer vegetation. The delineated boundaries are depicted on Figure 4. Additional information relative to the Request for Preliminary JD is included in Appendix IV. DESCRIPTION OF THE PROPOSED WORK AND IMPACTS Peachtree proposes to construct the second vehicular access road across a portion of Stream 2 (Figure 4). Stream 2 separates a developable, high - ground portion of the site from the remainder of the property. The project civil engineers have designed the road crossing such that only 75 if of Stream 2 (including the 101f of the existing temporary crossing) will be permanently impacted, and the culvert has been oversized such that placement of riprap material at the downstream portion of the culvert will be minimized. A cross section drawing of the crossing is included in Appendix V. Stream and wetland impacts resulting from the proposed project are identified in the respective table located on the PCN form in Appendix I. Although 1401f of stream impact was authorized by the original permit, construction of the single road crossing only resulted in 701f of impact. Construction of the second crossing will result in 75 if of impact, bringing the project -wide total to 145 If. There were no wetland impacts associated with the original permit authorization. Inclusion of Wetland A, which was not present during the 2003 delineation, will now result in 0.02 acre of wetland impact. 3 Pre - Construction Notification SWE Project No. 7335 -15 -021 Chesapeake Point NWP Reauthorization June 29, 2015 PROTECTED SPECIES In connection with the original permit, S &ME conducted a protected species assessment of the property in August 2004, in order to comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531- 1543). At that time, the assessment determined that, based on the literature and pedestrian field review, no suitable habitat for protected species is located within the site. Scoping letters were also provided to the U.S. Fish & Wildlife Service ( USFWS) and the N.C. Natural Heritage Program ( NCNHP) requesting comment on the proposed project. Both the USFWS and NCNHP responded, stated that they had no records of rare species, significant natural communities or priority natural areas which would be affected by the project. Copies of the original USFWS and NCNHP response letters are included in Appendix VI. HISTORIC RESOURCES Projects requiring a federal permit must also comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966. The Act provides that properties and districts listed in or eligible for listing in the National Register of Historic Places must be considered in the planning of federal undertakings. In connection with the original permit application, S &ME provided project information and maps of the N.C. State Historic Preservation Office (SHPO), requesting comment. The SHPO responded, stating that they were aware of no historic resources that would be affected, and had no further comment on the project. A copy original SHPO response letter is included in Appendix VI. AVOIDANCE AND MINIMIZATION Given that the subject stream channel bisects the subject property, alternatives to construction of the proposed road crossing are not practicable. S &ME Natural Resources personnel reviewed the initial development plans, and provided the project civil engineer with a list of all specific, general and regional permit conditions. Accordingly, the proposed stream crossings were been designed such that the cumulative extent of the impacts is limited to 145 If, thereby avoiding over 6,000 if of remaining on -site streams. Additionally, the proposed roadway has been narrowed and changed from a public street to a private drive to allow for reduced construction. During construction, Best Management Practices (BMPs) will be utilized to ensure that the impacts identified above are minimized. These BMPs will include; 1) strict adherence to an approved Sediment and Erosion Control Plan; 2) the use of siltation barriers, sediment traps and diversion ditches; 3) the use of barricades identifying construction limits such that sensitive areas are preserved; regular inspection and maintenance during construction, and; 4) pre - construction meetings. The proposed work should not cause degradation of area water quality or more than minimal changes to the flow characteristics of the affected stream. As the pipe will be buried, it should not substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the stream, and allow flow and circulation patterns of waters of the U.S. remain largely unaffected. To the maximum extent practicable, the project has been designed to maintain pre - construction downstream flow conditions, and 4 Pre - Construction Notification Chesapeake Point NWP Reauthorization SWE Project No. 7335 -15 -021 June 29, 2015 will not permanently restrict or impede the passage of normal or expected high flows. Efforts will be made to perform the work during periods of low flow. Appropriate sediment and erosion control practices outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual' and approved by the local governing authority will be installed to prevent sedimentation of jurisdictional features as a result of the work. MITIGATION The project will not result in minimal loss of waters of the U.S. Project -wide stream impacts have been limited to less than 1501f, and project -wide wetland impacts are limited to 0.02 acre. As such, anticipate that Peachtree has satisfied its mitigation requirements through the avoidance and minimization efforts undertaken during the project planning and design phases, and that further forms of mitigation, such as payment into a private bank or in -lieu fee program, will not be required. CLOSING Thank you for your review of this PCN. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, S &ME Joey awler, P.W.S. D. David Homans Senior Project Manager Natural Resources Scientist Senior Review by Jason Reeves, P.E., Senior Project Engineer Attachments: • Figures: Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), a Soil Survey Map (Figure 3) and a 2014 Aerial Photograph (Figures 4) • Appendix I: Completed Pre - Construction Notification (PCN) and Authorization to Act as Agent • Original Permit Authorization Letters • Appendix III: Site Photographs • Appendix IV: Request for Preliminary Jurisdictional Determination • Appendix V: Cross Section Drawing • Appendix VI: Original Agency Scoping Correspondence 5 FIGURES I "`a ` `� Mclnors ..- r oe Or I -ftivm Hwy —.. NC1 Rozy r rc Way 1 dyers C m d Creew n - * 1 S C Ci toe - i ood r Rack T r n r \ o N 044^ a a b car Rd ° ° c grata \W % P Rq Pa r rn P� Farcn`'kead Ln OaA V` \age Pano /ico a a° O j e Rd R Re9encl, ftd o Cir O McK� erH C ° u ,d B off,DUCk a - F a M N ° ake Bfy d ) ) 9. g gvo o a _ o ped \� J J All w . 110 ?a Fa 'avP = = a ° 9� O w W WateriYn� _I. \e R _`c �L folk N O N M M d 0 J � DIY "W" "� tl � L ".o�koo4Tne r_ 1 11 . E 7 'sck \ \ o Cl 1 0 '—.�-00 j 4,000 4 .. l/ m (IN -FEET) REFERENCE: 1993 LAKE NORMAN NORHT [NC] USGS 1:24,000 QUAD SHEET MAP THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY a ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. Parent Tract r SCALE: 1 „ _ 2'000 , FIGURE NO. 0 DATE: 05 -08 -15 #S&ME USGS TOPOGRAPHIC MAP DRAWN BY DDH 2 c' CHESAPEAKE POINT DEVELOPMENT a PROJECT NO: MOORESVILLE, NORTH CAROLINA 7335 -15 -021 � Proposed Current Impact Area (SEE FIG. 4) 75 LF of Permanent Stream Impact 0.02 Acres Permanent Wetland Impact (70 LF Permanent Stream Impact Previously Authorized by D WQ #04 -1466 USACE Action ID: 200431252) MENOUN, - A 4w AN t x. REFERENCE: 2014 AERIAL PHOTOGRAPH 0 300 PROJECT ROADWAY INFORMATION OBTAINED FROM COLEJENEST &STONE. BACKGROUND LAYERS WERE OBTAINED FROM IREDELL COUNTY GIS WEBSITE AND NC ONEMAP. FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 JURISDICTIONAL BOUNDARIES IN THIS AREA WERE DELINEATED BY J. LAWLER OF S &ME ON 4 -28 -2015 AND LOCATED USING A GPS UNIT CAPABLE OF SUB -METER ACCURACY. FEATURE LOCATIONS HAVE NOT BEEN SURVEYED BYA REGISTERED LAND SURVEYOR NOR HAVE THEY BEEN CONFIRMED BY THE USACE OF NC DWR. r Head 01 Proposed 7' Corrugated Metal Pir STREAM S1 (PERENNIAL) (Formerly "Stream 2 ") 65 LF of Permanent Loss of Waters Due to Culverting / Riprap Outfall Proposed 6' Riprap Outfall �y Rropo f 80 Existing Temporary Crossing Converted to Permanent Impact 10 LF of Permanent Loss of Waters WETLAND A (PFO) 0.02 Acres of Permanent Loss of Waters Due to Roadway Fill / Culverting \ � Proposed Roadway n I (IN FEET) REFERENCE: PROJECT DESIGN INFORMATION WAS OBTAINED FROM COLEJENEST &STONE. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEYARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. SCALE: 1 " = 40 ' 1 Jurisdictional Stream Banks Existing Culvert > - - -> Stream Centerline ® Jurisdictional Wetlands Permanent Stream Impacts Temporary Stream Impacts Permanent Wetland Impacts FIGURE NO. DATE: 06 -15 -15 PROPOSED PROJECT IMPACTS DRAWN BY: DDH *S&ME CHESAPEAKE POINT DEVELOPMENT +PROJECT NO: 7335 -15 -021 MOORESVILLE, NORTH CAROLINA 4 0 N M d APPENDIX 1: COMPLETED PRE - CONSTRUCTION NOTIFICATION (PCN) AND AUTHORIZATION TO ACT AS AGENT O dF WA7E19 I 1 � 1. Processing Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El 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 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization ❑ No 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Chesapeake Point NWP Reauthorization 2b. County: Iredell 2c. Nearest municipality / town: Mooresville 2d. Subdivision name: Chesapeake Point 2e. NCDOT only, T.I.P. or state N/A project no: 3. Owner Information 3a. Name(s) on Recorded Deed: CP II LLC 3b. Deed Book and Page No. 1845/277 3c. Responsible Party (for LLC if Peachtree Residential, LLC applicable): 3d. Street address: 7380 McGinnis Ferry Road 3e. City, state, zip: Suwanee, GA 30024 3f. Telephone no.: 770 - 622 -2522 3g. Fax no.: 3h. Email address: See agent Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Developer, Authorized Signatory 4b. Name: Alec Rickenbaker 4c. Business name Peachtree Residential, LLC (if applicable): 4d. Street address: 7380 McGinnis Ferry Road 4e. City, state, zip: Suwanee, GA 30024 4f. Telephone no.: 770 - 622 -2522 4g. Fax no.: 4h. Email address: See agent 5. Agent /Consultant Information (if applicable) 5a. Name: Joey Lawler, P.W.S. 5b. Business name S &ME, Inc. (if applicable): 5c. Street address: 9751 Southern Pine Boulevard 5d. City, state, zip: Charlotte, N.C. 28723 5e. Telephone no.: 704.523.4726 5f. Fax no.: 704.525.3853 5g. Email address: jlawler @smeinc.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): 1 c. Property size: 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Subject parcel in the parent subdisvion is 4636047012.000 Latitude: 35.55911 (DD.DDDDDD) < 2.036 acres UT to Reeds Creek (11- 104 -(2)) WS- IV,B;CA Catawba Longitude: - 81.91394 (- DD.DDDDDD) 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: Project Area is a portion of Parcel No. 4636047012.000, which itself is part of Chesapeake Point. Chesapeake Point is partially developed as residential subdivision. Remaining portions of the subdivdion are undeveloped, and vegetated with a mixture of planted pine trees and mature hardwood species. The surrounding area is comprised of a mix of residential development, vacant woodland and farm fields. The location of the proposed crossing consists of a former earthen access road and temporary crossing that have become overgrown with invasive and volunteer vegetation. 3b. List the total estimated acreage of all existing wetlands on the property: Less than 0.10 acre of wetlands are located within the project area. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: — 100 If of stream are located within the project area. 3d. Explain the purpose of the proposed project: The purpose of the project is to re- authorize and existing permit originally granted by the DWR (Project No. 04 -1466) in September 2004 and by the USACE (Action ID No. 200421252) in October 2004. Following construction of one of the crossings, development of the subdivision was placed on hold by the developer, and the second permanent stream crossings was never constructed. Since that time, the USACE and DWR permits have expired, and development of the subdivision has resumed. Accordingly, the applicant is now seeking reauthorization of the aforementioned permits, such that the remaining stream crossing can be installed. 3e. Describe the overall project in detail, including the type of equipment to be used: Peachtree proposes to construct the second vehicular access road across a portion of Stream 2. Stream 2 separates a developable, high - ground portion of the site from the remainder of the property. The project civil engineers have designed the road crossing with an 84 -inch culvert and concrete wingwalls to minize impacts and the amount of riprap material at the downstream portion of the culvert. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ®Preliminary ❑Final 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: S &ME, Inc. Name (if known):. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. See attached cover letter for details Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. See attached cover letter for details 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. No additonal impacts beyond those specified in this PCN are required. ❑ Unknown Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) W1 ®P ❑ T Culvert Headwater Forest ❑ Yes ® No ® Corps 0.02 ® DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps temporary impacts) proposed on the site, then complete this ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps 3d. 3e. ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps Impact number - ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps DWQ — non -404, width ❑ No ❑ DWQ 2g. Total wetland impacts 0.02 2h. Comments: No additonal wetland imapcts will occur 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert S2 ® PER ❑ INT ® Corps ® DWQ 4 75 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: No additonal stream impacts will occur. Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 75 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: No open -water impacts are required. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: No pond or lake construction is required 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. ❑ Neuse F-1 Tar-Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g Buffer impact number — Reason Permanent (P) or for Temporary (T) impact 131 ❑P ❑T B2 ❑P ❑T B3 ❑P ❑T 6i. Comments: Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Given that the subject stream channel bisects the subject property, alternatives to construction of the proposed road crossing are not practicable. S &ME Natural Resources personnel reviewed the initial development plans, and provided the project civil engineer with a list of all specific, general and regional permit conditions. Accordingly, the proposed stream crossings were designed such that the cumulative, project -wide extent of the impacts are less than 150 If, thereby avoiding over 6,000 If of remaining on -site streams within the subdivision. Additionally, the proposed roadway has been narrowed and changed from a public street to a private drive to allow for reduced construction. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During construction, Best Management Practices (BMPs) will be utilized to ensure that the impacts identified above are minimized. These BMPs will include; 1) strict adherence to an approved Sediment and Erosion Control Plan; 2) the use of siltation barriers, sediment traps and diversion ditches; 3) the use of barricades identifying construction limits such that sensitive areas are preserved; regular inspection and maintenance during construction, and; 4) pre- construction meetings. 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? 2b. If yes, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) 3c. Comments: N/A 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non - riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: ❑ Yes ® No ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type ❑ Yes 0 linear feet Quantity ❑ warm ❑ cool 0 square feet 0 acres 0 acres 0 acres 5. Complete if Using a Permittee Responsible Mitigation Plan ❑cold 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ® 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 8of11 PCN Form — Version 1.3 December 10, 2008 Version 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 ® 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 Comments: N/A 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 14.7% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan The Chesapeake Pointe project is a 112 acre single family subdivision that is being developed in accordance with the Iredell County Land Development Code. The property is zoned R -A and R -20 and is in the WS -IV -CA (Watershed Critical Area) Overlay District. As such, minimum lot size is 30,000 SF and maximum built -upon area is 24% (low density). A 50' buffer is to be maintained adjacent to all perennial stream channels. The project will include 79 residential lots at roughly 5000 SF impervious area per lot. Along with road right -of -way (5.5 acres impervious), sidewalk (0.71 acres impervious), the amenity center (0.93 acres impervious), and two well lots (0.23 aces impervious), the total approximate impervious coverage will be 16.5 acres, or 14.7 %. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review ® Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit Mooresville ❑ Phase II ❑ NSW ❑ USMP ® Water Supply Watershed ❑ Other: ❑ Yes ® No ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006 -246 ❑ Other: ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 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 ® 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 letter.) ❑ Yes ❑ No Comments: N/A 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® 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. The project will allow the remainder of the site to be developed, but no further impacts will be required. 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. Sewage treatment for the subdivsion is indivudal spectic. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. F-1 Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See prior agency scoping responses 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://ocean.floridamarine.org/efh_coral/ims/viewer.htm 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 ❑ 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? See prior agency scoping responses 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? Available FEMA mapping Joey Lawler, P.W.S. Applicant/Agent's Printed Name .1 • 06.29.15 Applicant /Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM Date: April 20, 2015 Project Information S&ME Project Name: Chesapeake Point Type of Project: Jurisdictional Delineation/NWP Location: Mooresville, NC Property Owner/Representative Information Business Name: �,�G�..�� R� ���� P �� Mailing Address: 73G� !�, `61 i��'�� %�`� �j� City, State, Zip Code: Telephone No. Z7fl � 622- �� 22 u 205 Contact: Agent Information Business Name: Street Address: City, State, Zip Code: Telephone No. Contact: S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273 (704) 523-4726 Joey Lawler, P.W.S. .1 .1 S&ME is hereby authorized to submit information and conduct site visits with the U.S. Army Corps of Engineers and/or N.C. Division of Water Resources, as necessary to secure confirmation of a jurisdictional determination and reauthorization of the NWP for the subject property identified above. �7- 6ignature of Property Owner or Appointed Representative RaO -4t)T+f 0 P-12-tZ) Printed Name/Title APPENDIX I1: ORIGINAL PERMIT AUTHORIZATION LETTERS September 21, 2004 DWQ# 04-1466 iredell County Mr. Bill Schmidt Peachtree Residential Properties Suwannee, GA 30024 APPROVAL of 401 Water Quaft Certification with Addkional Conditions XTIT-7� Im I, I For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the additional conditions listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining juris�lictional wetlands and waters or areas ZZ 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later')- A sample deed notification format can be downloaded from the 4011 NVetlands Unit web site at hL"L.-/',/h2o,enr.s'L,ate.nc.us,'n-.We'Llands. 3. Sty ter discharge points shall be constructed in a manner such that the potential receiving streams (of the discharge) at the site will not be impacted due to sediment a=rnulations, scouring or erosion of the stream banks. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must art within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office & Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714, This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, , please telephone Alan Johnson in the Moorevville Regional Office at 704- 663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. EM cc: Army Corps of Engineers, Asheville Cyndi Karoly, Wetlands Unit Land Quality., MRO Joe Lawler, SNI&E Central Files U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200431252 County: Iredell USGS Quad: Lake Norman North GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner 1 Authorized Agent: Mr.. Bill Schmidt Address: Peachtree Residential Properties 7380 McGinnis Ferry Road Suwannee, GA 30024 Telephone No.: 770 -622 -2522 Size and location of property (water body, road name /number, town, etc.): The property is located on the west side of Isle of Pines Road, south of Brawlev School Road, adiacent to Lake Norman, west of Mooresville, Iredell County, North Carolina.. Description of projects area and activity: This permit authorizes the installation of culverts and placement of full associated with the construction of two road crossings for the Chesapeake Pointe subdivision. Permanent impacts to stream channels authorized by this permit are 140 linear feet of unnamed tributaries to Lake Norman in the Catawba River Basin. Applicable Law. [Q Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the pennittee to a stop work order, a restoration order 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, pricer 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 coanpieted within twelve ,:ionths of the date of the nationwide pemut'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 Quality (telephone (919) 733 -1786) 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. 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 Amanda D. Jones at 828- 271 - 7980 x231. APPENDIX III: SITE PHOTOGRAPHS Photo 1. View of Stream 1 facing downstream. Photo 2:View of existing culvert near location of proposed permanent crossing. Photo 3: View of Wetland A facing downstream of existing culvert. Photo.4: Second view of Wetland A facing downstream. Photo 5: View of Wetland A upstream of existing culvert. Project No.: 7335 -15 -021 Taken by: S &ME Date: 04.28.2015 Photo 6: View of typical soil pedon taken from Wetland A. S &ME CHESAPEAKE POINT SUBDIVISION Mooresville, North Carolina SITE PHOTOGRAPHS Photo Page 1 of 1 APPENDIX IV: REQUEST FOR PRELIMINARY JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 06.29.2015 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: JOEY LAWLER, PWS S &ME, INC. 9751 SOUTHERN PINE BOULEVARD CHARLOTTE, N.C. 28273 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: WILMINGTON DISTRICT — ASHEVILLE REGULATORY FIELD OFFICE — CHESAPEAKE POINT - ACTION ID NO. 200434252 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: THE REVIEW AREA IS CENTERED ON THE LOCATION OF A PROPOSED PERMANENT ROAD CROSSING THAT WAS PREVIOUSLY AUTHORIZED BUT NOT CONSTRUCTED PRIOR TO EXPIRATION OF THE ORIGINAL PERMIT. A TEMPORARY ROAD CROSSING WAS CONSTRUCTED AND REMIANS IN PLACE AT THIS LOCATION. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NORTH CAROLINA County /parish /borough: IREDELL City: MOORSEVILLE Center coordinates of site (lat /long in degree decimal format): 35.55911 N, - 81.91394 W Universal Transverse Mercator: 17N, NAD83 NC STATE PLANE Name of nearest waterbody: UT TO REEDS CREEK Identify (estimate) amount of waters in the review area: Non - wetland waters: SEE TABLE Cowardin Class: SEE TABLE Stream Flow: SEE TABLE Wetlands: SEE TABLE Cowardin Class: SEE TABLE Name of any water bodies on the site that have been identified as Section 10 waters: N/A Tidal: N/A Non - Tidal: N/A E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s) 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual 2 permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be "waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply) - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant /consultant: SEE ATTACHED FIGURES. ® Data sheets prepared /submitted by or on behalf of the applicant /consultant. ❑ Office concurs with data sheets /delineation report. ❑ Office does not concur with data sheets /delineation report. ❑ 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: LAKE NORMAN NORTH, NC, 1:24,000 ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: IREDELL COUNTY. ❑ National wetlands inventory map(s). Cite name: ❑ State /Local wetland inventory map(s): ❑ FEMA /FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929 ) ❑ Photographs: ❑ Aerial (Name & Date): 2014 AERIAL PHOTOGRAPH. or ❑ Other (Name & Date): S &ME REPRESENTATIVE SITE PHOTOGRAPHS ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): SEE ATTACHED WATERS UPLOAD SHEET. 3 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 0 See attached Aqent Authorization Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) USACE Waters Upload Sheet Chesapeake Point NWP Reauthorization SME Project No. 7335 -15 -021 06.29.2015 Cowardin_ Area Latitude Longitude Waters Name HGM Code Linear (ft) Waters Types Local — Code — (acres) (dd nad83) (dd nad83) _Waterway Stream 2 R2UB2 Riverine 100 RPW 35.55911 - 81.91394 UT to Reeds Creek WA PFO1 Palustrine <0.10 RPWWD 35.55911 - 81.91394 UT to Reeds Creek APPENDIX V: CROSS SECTION DRAWING PROPOSED GRADE 810 810 PROPOSED CONC. SEGMENTAL BLOCK HEADWALL (TYP) 800 I 800 APPROX. LOCATION OF 2" WATER MAIN 790 790 E ISTING CL — -- --- -- -- -- — — — — - - --- — — — — XISTING C CREEK = 779.14 � REEK = 7 9.89 —� UPSTREAM INVERT DOWNSTREAM INVERT I 6 LF — CLASS TRIP —RAP TOE RTOTECTION ELEV= ±778.89 ELEV= ±778.14 770, 1 770 —50 —40 —30 —20 —10 0 10 20 30 40 50 LEEWARD SHOAL LANE — STA. 13 +40 60 LF — 84- CMP CULVERT, BURY INVERT 1 FT. BELOW STREAMBED Realizing the Chesapeake Pointe NWP Reauthorization Leeward Shoal Ln. Culvert Realizing the Possibilities Land Plarnirg Zoo South Tryon Street Stream Cross Section A -A Suite 1400 Landscape Architecture Charlotte, North Carolina 28202 Peachtree Residential Properties Project No. 4323 ColeJenest Civil Engineering p +7043761555 Issued 06110115 f +7043767851 Huntersville, NC 28078 & Stone Urban Design url +www.colejeneststone.com Scale 1" = 20' Sheet APPENDIX V1: ORIGINAL AGENCY SCOPING CORRESPONDENCE ,* SrAt g, �¢ ,Fti tilt ii North Carolina D63artment of Cultural Resources State Hisoric Preservation Office Peter; Sandbeck, Administrator Michael F. Easley, Governor Office of Archives and History Lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director August 23, 2004 Suzanne L. Knudsen Staff Professional S &ME, Inc. P.O. Box 7668 Charlotte, NC 28241 -7668 Re: Chesapeake Pointe Property, Mooresville, Iredell County, S &ME Project No. 1357 -03- 402 -D, ER 04 -2114 Dear Ms. Knudsen: Thank you for your letter of July 27, 2004, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919/733 -4763. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Toter B. Sandbeck BS:w Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount Street, Ra1et NC 4617 Mail Service Center, Raleigh NC 27699 -4617 (919)733- 4763/733 -8653 RESTORATION 515 N. Blount Street, Ra[,'a NC 4617 Mail Service Center, Raleigh NC 27699 -4617 (919)733- 6547/715 -4801 SURVEY & PLANNING 515 N. Blount Street, Ra11]1, NC 46 17 Mail Service Center, Raleigh NC 27699 -4617 (919)733 - 6545/715 -4801 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 October 14, 2004 Ms. Suzanne L. Knudsen Staff Professional S &ME, Inc. P.O. Box 7668 Charlotte, North Carolina 28241 -7668 Dear Ms. Knudsen: Subject: Protected Species Assessment for the Chesapeake Point Property, Mooresville, Iredell County, North Carolina (S &ME Project No. 1357- 03 -402D) We received your letter of transmittal dated September 8, 2004, with the subject report and a request for our comments. The following comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 -1543) (Act). According to our records and a review of the information you provided, no listed species or their habitats occur on the site. We concur with your determination that the proposed project will not affect endangered or threatened species or their habitats. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Thank you for allowing us to comment on this project. Please contact Mr. Allen Ratzlaff of our staff at 828/258 -3939, Ext. 229, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4 -2 -04 -285. Sincerely, ( ';z— Brian P. Cole Field Supervisor { .-._�� Z NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 2, 2004 Ms. Suzanne L. Knudsen S &ME, Inc. P.O. Box 7668 Charlotte, NC 28241 -7668 William G. Ross Jr., Secretary Subject: Chesapeake Pointe Property, Lake Norman; Mooresville, Iredell County S &ME Project No. 1357 -03 -402 -D Dear Ms. Knudsen: The Natural Heritage Program has no record of rare species, significant natural communities, or priority natural areas at the site nor within a mile of the project area. Although our maps do not show records of such natural heritage elements in the project area, it does not necessarily mean that they are not present. It may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the project area contains suitable habitat for rare species, significant natural communities, or priority natural areas. You may wish to check the Natural Heritage Program database website at < wvvw. llcst)arks.net /nhn /search.html> for a listing of rare plants and animals and significant natural communities in the county and on the topographic quad map. Please do not hesitate to contact me at 919 -715 -8697 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program HEL /hel 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 One Phone: 919 - 733 -4984 • FAX: 919 - 715 -3060 • Internet: www.enr.state.nc.us An Equal Opportunity • Affirmative Action Employer -50 % Recycled • 10 % Post Consumer Paper ahlrZ7111