20231150 Ver 1_Rogers Pond PCN_20230816

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2022 - 02092 BEGIN DATE [Received Date]:
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Rogers Pond
2. Work Type: Private Fv-1 Institutional ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN request for residential development
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑
4. Property Owner / Applicant [PCN Form A3 or A4]:
Smith Douglas Homes
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
34.9142,-80.7294
8624 Old Waxhaw Monroe Road, Waxhaw, NC
8. Project Location -Tax Parcel ID [PCN Form 131a]: 05087010, 05087011 A, 05087011 A
9. Project Location — County [PCN Form A2b]: Union
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Waxhaw
11. Project Information — Nearest Waterbody [PCN Form 132a]: Blythe Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]:Catawba (03050103)
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
C rtto]1 &1111. 9%

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
August 16, 2023
Mr. Douglas Perez
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 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 St.
Asheville, NC 28801
Subiect: SAW-2022-02092; Pre -Construction Notification for NWP #29 for the Rogers
Pond site in Waxhaw, Union County, North Carolina
Messrs. Perez, Pitner, Wojoski, and Hamstead,
Enclosed is a request for Nationwide Permit #29 for the Rogers Pond site on 61.6 acres located
east of Old Providence Road and south of Yamasee Road in Waxhaw, NC. The site is a proposed
residential development and consists of six streams, eight wetlands, and one open water pond.
The site was verified by the USACE in September 2022. Please refer to the Jurisdictional
Determination Information section for information on onsite surface waters.
Overall impacts to site surface waters associated with the proposed development were limited
through site selection, design, and location/orientation of the proposed lots and access routes.
Efforts of minimization were implemented during design to preserve existing site hydrology and
limit adverse effects to existing, onsite natural habitat. Retaining walls are proposed and, where
possible, 2:1 slopes will be implemented to limit impacts to site surface waters. Stormwater
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.
requirements will be met and designs include methods to maintain hydrology to the remaining
aquatic resources.
As shown on the attached exhibits, the proposed project will include permanent impacts to one
wetland and two streams for road crossings required for site connectivity. Overall impacts to site
surface waters associated with the proposed development were limited through site selection,
design, and location/orientation of the proposed lots and access routes. Construction techniques
will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent
offsite receiving conveyances. Total permanent impacts proposed include 0.083 acres of wetland
impacts (Wetland F) and 252 linear feet (0.0198 AC) of streams (Stream C & E). The applicant
has demonstrated avoidance and minimization efforts by avoiding a permanent loss to 90% of
onsite streams and 92% of onsite wetland. Due to limited site impacts, no mitigation is proposed.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area 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. The concurrence response from Fish and Wildlife Service is included. Additionally enclosed
is a copy of our Cultural Resource report. No NRHP-listed properties, determined -eligible
properties, study -listed resources, designated local landmarks or otherwise recorded historic
resources were identified on the site. Thank you for your consideration and please contact me if
you have any questions, [phone] or email at daniel.kueflergwetlands-ep com.
Sincerely,
Daniel Kuefler, PWS Len Rindner, PWS
Environmental Scientist Principal
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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T.
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:
Rogers Pond
2b.
County:
Union
2c.
Nearest municipality / town:
Waxhaw
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Daniel Rogers
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
PO BOX 840
3e.
City, state, zip:
Waxhaw, NC 28173
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
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:
Elijah Geniesse
4c.
Business name
(if applicable):
Smith Douglas Homes
4d.
Street address:
P.O. Box 311
4e.
City, state, zip:
Midland, NC 28107
4f.
Telephone no.:
[phone]
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Daniel Kuefler
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
[phone]
5f.
Fax no.:
5g.
Email address:
[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):
05087010, 05087011A, 05087011A
1 b.
Site coordinates (in decimal degrees):
Latitude: 34.9142 Longitude:-80.7294
1c.
Property size:
61.6 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Blythe Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba (03050103)
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:
The site is located just east of Old Waxhaw Monroe Road, and south of Yamasee Road. The site is a mosaic of residential homesite, hayfields,
pastureland, power transmission line, pond, wooded slopes, and drainages to Blythe Creek. The topography is moderately sloped with the elevation
ranging from 590 to 690 ft.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.458
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,036
3d. Explain the purpose of the proposed project:
The proposed project will include impacts for three road crossings for a residential development.
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, 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 (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
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.
This site was verified by B. Roden -Reynolds (USACE) on 9/28/22. A copy of the signed JD approval is included in the Jurisdictional Determination
section.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
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.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill
Headwater Wetland
Yes
Corps
0.083
W2
Choose one
Choose one
Yes/No
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:
0.083
2h. Comments:
Wetland F
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 (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
Stream C
PER
Corps
3
132
S2 P
Fill
Stream C
PER
Corps
3
26
S3 P
Culvert
Stream E
INT
Corps
3
120
S4 P
Fill
Stream E
INT
Corps
3
16
S5 T
Construction Access
Stream C
PER
Corps
3
40
S6 T
Construction Access
Stream E
INT
Corps
3
40
3h. Total stream and tributary impacts
374
3i. Comments:
Riprap will be placed at pre-existing stream bed elevations as a permanent no -loss impact
S1- 0.0101 AC; S2-0.0125 AC; S3-0.0097 AC; S4- 0.0048 AC
Total loss to WOTUS: 0.0198
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.
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving
conveyances. Stormwater designs include methods to maintain hydrology. The applicant has demonstrated avoidance and minimization efforts by
limiting site impacts to road crossings required for site connectivity and avoiding 90% of onsite streams and 92% of onsite wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts.
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?
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:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm
water on the site will be handled by facilities shown on the attached plans. The stormwater plan has
not yet been submitted to the State of NC
but
will be designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
State of NC
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
State of NC
❑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 0 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 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes 0 No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes 0 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.
No
additional phases proposed.
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
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Please also see attached for the FWS
concurrence response.
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: https://nc.maps.arcgis.com/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No net grading/fill within the floodplain.
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://gisweb1.unioneountync.gov/gomaps/#
%
Daniel Kuefler
08-10-2023
Applicant/Agent's Printed Name
Date
Applicaht/AgentV Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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).
Project/Site Name: 8624 Old Waxhaw Monroe Road
Property Address: Old Providence Road and Waxhaw Farms Road, Waxhaw, NC 28173
Parcel Identification Number (PIN): 05087010, 05087011A, 05087011.4
Select one: I am an interested buyerlseller
Name: Elijah Geniesse
Company: Smith Douglas Homes
Mailing Address: P.O. Box 311, Midland, NC 28107
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
• ZM�
Eli ii a r� .,. 67,m;4 s r,-. �"� l
Property Owner / Interested Buyer* ,} Other Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase andlor 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. I
PMB 550
Suite 10. PMB 283
Charlotte, NC 28277
Asheville. NC 28805
[phone]
ten. [e-mail]

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SAW-2022-02092
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02092 County: Union U.S.G.S. Quad: NC-Waxhaw
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Smith Douglas Homes
Eliiah Geniesse
Address: P.O. Box 311
Midland, NC 28107
Telephone Number: 240-434-6752
E-mail: egeniesse(dsmithdouglas.com
Size (acres) —61 Nearest Town Waxhaw
Nearest Waterway Blvthe Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 34.9142
Longitude:-80.7294
Location description: The review area is located on the south side of Yamasee Road; approximately 0.1 miles north of the
intersection of Yamasee Road and Old Providence Road. PINS: 05087010 and 05087011A. Reference review area description
shown in the Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and dated 02/03/22.
Indicate Which of the Following Apply:
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 3/15/2022. 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-2022-02092
❑ 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 d en-reyno ld sC& u s ace. army. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 9/28/2022.
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)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHIL,IP.A. SHANNIN(&USACE.ARMY.MIL,
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 fgrmm IQ -the Division Office if you do not object to the determination in this correspondence.
Corps Regulatory Official: -� �:-�

SAW-2022-02092
Date of JD: 9/28/2022 Expiration Date of JD: Not applicable
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 our Customer Satisfaction Survey, located online at
hiips://regulatoKy.ops.usace.anny.mil/customer-service-survey/.
Copy Furnished:
Agent: Wetlands and Environmental Planning Group
Amber Lipskv
Address: 10612-D Providence Road
Charlotte, NC 28277
Telephone Number: 401-339-4292
E-mail: amber.lipskvnwetlands-epg.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Smith Dou las Homes , Elijah Geniesse File Number: SAW-2022-02092
Date: 9/28/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
©
PRELIMINARY JURISDICTIONAL 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/Res ulatorvPros4ramandPennits.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 II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may 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 11 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 APPEA BJECTIONS 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. PHILIP A. SHANNIN
Attn: Bryan Roden -Reynolds
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Charlotte, North Carolina 28262
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(&USACE.ARMY.MIL,
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proff' 'ered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 09/27/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Smith Douglas Homes, Elijah Geniesse,
P.O. Box 311, Midland, NC 28107
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Old Waxhaw-Monroe Road,
SAW-2022-02092
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
south side of Yamasee Road; approximately 0.1 miles north of the intersection of Yamasee Road and Old
Providence Road. PINS: 05087010 and 0508701 IA. Reference review area description shown in the
Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 02/03/22.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Waxhaw
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.9142 Longitude:-80.7294
Universal Transverse Mercator:
Name of nearest waterbody: Blythe Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 09/27/22
El Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Aquatic Feature
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs. non-
resource "may be"
resources in
wetland waters)
subject (i.e., Section 404
review area
or Section 10/404)
(acreage and
linear feet, if
applicable
Wetland A
34.91440000
-80.72980000
0.37 acre
Wetland
404
Open Water
Wetland
404
Pond AA
34.91450000
-80.72920000
1.35 acres
Intermittent
Non -wetland
404
Stream B
34.91470000
-80.72820000
145 linear feet
Perennial
Non -wetland
404
Stream C
34.91430000
-80.72690000
615 linear feet
Intermittent
Non -wetland
404
Stream E
34.91660000
-80.72700000
865 linear feet
Wetland F
34.91380000
-80.72820000
0.18 acre
Wetland
404
Wetland G
34.91450000
-80.82830000
0.028 acre
Wetland
404
Wetland H
34.91650000
-80.72710000
0.01 acre
Wetland
404
Intermittent
Non -wetland
404
Stream I
34.91810000
-80.72650000
125 linear feet
Wetland J
34.91640000
-80.82580000
0.009 acre
Wetland
404
Wetland K
34.91620000
-80.72580000
0.015 acre
Wetland
404
Wetland L
34.91570000
-80.72560000
0.025 acre
Wetland
404

Wetland M
34.91460000
-80.72760000
0.004 acre
Wetland
404
Perennial
Non -wetland
404
Stream Blythe
Creek
34.91720000
-80.72550000
1030 linear feet
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 7D (AID) for that review area based on an informed decision after
having discussed the various types of 7Ds 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 PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the 7D 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 PJD finds that
there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subj ect review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
®U.S. Geological Survey map(s). Cite scale & quad name: Figure 4, USGS Mau (7.5-minute quadrangle
Waxhaw, NC)
®Natural Resources Conservation Service Soil Survey. Citation: Figure 5, Soil Survev Manuscript Mau (Soil
Survev of Union Countv, Dated 1996)
❑ National wetlands inventory map(s). Citename:
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 6, Flood plain Map (National Flood Hazard Laver)
❑ 100-year Floodplain Elevation is:
(National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure 1, Vicinity Map (Dated 02/03/22), Figure 3, Aerial Map (Dated
02/03/22), and Figure 7, Delineation Map (Dated 03/15/22)
or ® Other (Name & Date): Photographs 1-4
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Figure 2, Parcel Mau (Dated 02/03/22) and NCDWO Stream
Identification Forms, Version 4.11 (Dated 03/15/22)
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
Signature and date o' f l-eg
staff member completing PJD
9/28/2022
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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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: 8624 Old Waxhaw Monroe Road
Union County, North Carolina
By: Lisa R. Gaffney
Biologist
Field investigation conducted during the weeks of May 23, 2022; and
October 31, 2022
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
I en. ri nd ner@wet Ian ds -epg. co m
www.wetiands-epg.co m
Ashesrile Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The 8624 Old Waxhaw Monroe Road site is +/- 61.6 acres located just east of
Old Waxhaw Monroe Road, and south of Yamasee Road in Union County, North
Carolina. It can be found on the Waxhaw NC USGS Topographic Quadrangle
Map; latitude is 34.9142 N, longitude is-80.7294 W. The site is a mosaic of
residential homesite, hayfields, pastureland, power transmission line, pond,
wooded slopes, and drainages to Blythe Creek. The topography is moderately
sloped with the elevation ranging from 590 to 690 ft. (Figures 1-4).
Figure 1:
LOCATION
Lat:34,9142°N
Long: -80 7294 °W
USGS QUAD
N
HUC,03050103
Waxhaw,NC
SCALE
j
1�
LOWER CATAWBA
1988
1:24,000
1
Prepared for:
8624 OLD WAXHAW MONROE RD
Drawn By:
Reviewed By:
FIGURE
Union Co., INC
1
SMITH DOUGLAS
BILK
USGS MAP
2/3/22
HOMES
For study purposes only - Subject m USACE/NCDEQ Verifkation
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
Figure 2: VICINTIY MAP
A
aw
nt
ntary SchoolIPA
100
PROPERTY BOUNDARY
STUDY LIMITS
r-
��}'4�a
AC+�-
^I
N
Prepared For:
8624 OLD WAX"AW MONROE RD
Drawi By:
Rcvicwcd By:
FIGURE
Union Co., NC
BIIS
2
SMITH DOUGLAS
VICINITY MAP
2/3/22
_ HOMES
Fcr study purposes only Subject to U-14CE/NCDE4 Verification
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
Figure 3: AERIAL MAP
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
Figure 4: NRCS SOIL MAP
lilt 46,
PROPE RTYSOU NDARY
+ STUDY LIMITS
or
I NRCS Soil SUrvey MdnuscripL N
�- Union C.ounty t995
mo0/Kdl rvdal
W2 del9r� rM'W dw �rrrn !i0 72
e m rs Wrens we
1.4
ml
Pr�p�r rJ :a a624 OLD WAXHAW MONROE RD Drawn By; Reviewed By:
FIGDAE
Union Co., NC q
SMITH ❑Ol1G Lq5 BI.K
HOMES SOIL SURVEY MANUSCRIPT MAP 2J3/22
.. -- --. For s tudy p u rposes only- Subject to VWE/AWEQ Verb oVbn
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
METHODOLOGY:
The US Fish and Wildlife Service IPaC website
https://ipac.ecosphere.fws.gov/location/4RQWOTDUAVHPPALVVTXKCHFMOl/r
esources was referenced to determine the occurrence of Threatened,
Endangered and Protected species for the 8624 Old Waxhaw Monroe Road site
in Union 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 weeks of May 23, 2022; and October 31, 2022.
Table 1: Threatened / Endangered / Protected Species listed for
the 8624 Old Waxhaw Road site
*Source: US Fish & Wildlife Service IPaC
**Data search on May 23, 2022 ***Updated October 31, 2022
Group Name Status
Flowering Schweinitz's Sunflower Endangered
Plants (Helianthus schweinitzii)
Flowering Michaux's Sumac (Rhus Endangered
Plants michauxii
Clams Carolina Heelsplitter Endangered
(Lasmigona decorata)
Birds Bald Eagle (Haliaeetus Protected under the Bald
leucocephalus) and Golden Eagle
Protection Act
WEPG#01081 6
Wetlands and Environmental Planning Group

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
SPECIES DESCRIPTIONS:
Two plant species with federal protection are listed as potentially occurring on the
8624 Old Waxhaw Monroe Road site:
• 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).
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
Two animal species with federal protection are listed as potentially occurring on
the 8624 Old Waxhaw Monroe Road site:
• 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.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well -oxygenated water. Stable,
silt- free stream beds are required for this species. Typically, stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
RESULTS:
The site is a mosaic of residential homesite, hayfields, pastureland, power
transmission line, pond, wooded slopes, and drainages to Blythe Creek.
The homesite has typical driveway, outbuildings, lawn and landscaping. The
hayfields and pastureland are dominated by forage grasses and common herbs
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). Forbs and weedy species present include Queen Anne's Lace (Daucus
carota), Plantain (Plantago sp.), Pigweed (Amaranthus sp.), Dogfennel
(Eupatorium capillifolium), and Dogbane (Apocynum cannabinum).
The wooded slopes and drainages to Blythe Creek are dominated by a disturbed
forest. Canopy trees include Virginia Pine (Pinus virginiana), Shortleaf Pine (P.
echinata), Sweetgum (Liquidambar styraciflua), Tulip Poplar (Liriodendron
tulipifera), White Oak (Quercus alba), Northern Red Oak (Q. rubra), Black Oak
(Q. velutina), Willow Oak (Q. phellos), Water Oak (Q. nigra), Bitternut Hickory
(Carya cordiformis), Cottonwood (Populus deltoides), River Birch (Betula nigra),
and Sycamore (Platanus occidentalis). Subcanopy trees include Slippery Elm
(Ulmus rubra), Ironwood (Carpinus caroliniana), American Holly (Ilex opaca),
Red Maple (Acerrubrum), Hackberry (Celtis laevigata), and Black Gum (Nyssa
sylvatica). The shrub layer includes Autumn Olive (Elaeagnus umbellate),
Chinese Privet (Ligustrum sinense) and Spicebush (Lindera benzoin). Vines
include Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis
radicans), Catbrier (Smilax sp.), Muscadine (Vitis rotundifolia), and Poison Ivy
(Toxicodendron radicans). Herbs include Christmas Fern (Polystichum
acrostichoides), Japanese Stiltgrass (Microstegium vimineum), River Oats
(Chasmanthium latifolium) and River Cane (Arundinaria gigantea).
The pond has mostly wooded or shrubby perimeter with transitional wetland edge
habitat dominated by typical wetland vegetation including Tag Alder (Alnus
serrulata), Cattails (Typha sp.), Sedges (Carex spp., Cyperus spp., Scirpus spp.),
Rushes (Juncus spp.), and Water Primrose (Ludwigia sp.).
The roadside along Old Waxhaw Monroe Road is fronted by the turfgrass lawn of
the residential home and the large power transmission line which are maintained
by frequent mowing. The power line right-of-way has varied conditions of
management with patches of weedy and transitional vegetation including Sericea
Lespedeza (Lespedeza cuneata), Dog Fennel (Eupatorium capillifolium),
Ragweed (Ambrosia sp.), Goldenrod (Solidago sp.), Purple Top (Tripsacum
dactyloides), Wingstem (Verbesina sp.), and Poke Weed (Phytolacca
americans).
WEPG#01081
Wetlands and Environmental Planning Group

8624 Old Waxhaw Monroe Road - Threatened / Endangered / Protected Species
Evaluation
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower along the roadside, power
line rights -of -way, transitional areas and woods edges were examined,
and the species was not observed. WEPG concludes Schweinitz's
Sunflower does not occur on the site.
• All potential habitats for Michaux's Sumac along the roadsides, utility
rights -of -way, transitional areas and woods edges were examined, and the
species was not observed. WEPG concludes Michaux's Sumac (Rhus
michauxii) does not occur on the site.
• No Bald Eagles or nests were observed. WEPG concludes Bald Eagle
(Haliaeetus /eucocepha/us) does not occur on the site.
• Based on existing documentation, Carolina Heelsplitter populations have
not been previously identified within this basin. WEPG concludes Carolina
Heelsplitter (Las0gona decorata) does not occur on the site.
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,
04z'el # 1*e�l
Lisa R. Gaffney
Biologist
November 30, 2022
11
Wetlands and Environmental Planning Group

8624 Old Waxhaw Monroe Road - 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. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted 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 65,000 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 nanif/ora).
• Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
which led 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 both
North and South Carolina.
10
Wetlands and Environmental Planning Group

Amber Lipsky <[e-mail]>
WEPG#01081 - 8624 Old Waxhaw Monroe Rd.- USFWS Project Code 2023-0043997
Hamstead, Byron A <[e-mail]> Fri, Mar 24, 2023 at 8:50 AM
To: Lisa Gaffney <[e-mail]>
Cc: Len Rindner <[e-mail]>, Daniel Kuefler <[e-mail]>, Heath Caldwell
<[e-mail]>, Amber Lipsky <amber. I i [e-mail]>, Jeff Levi <[e-mail]>
Hey Lisa,
We offer the following comments/concurrence to inform prudent effect determinations to federally listed species from the
appropriate action agency:
Based on the information provided, low quality suitable habitat is present within the proposed action area for the federally
endangered Schweinitz's sunflower (Helianthus scwheinitzit), and Michaux's sumac (Rhus michauxii). However, targeted
botanical surveys of the proposed action area conducted during the appropriate timeframes (May 23, 2022 and October 31,
2022) did not detect evidence of those species at that time. Therefore, we would concur with "may affect, not likely to
adversely affect," determinations for these species from the appropriate action agency. These survey results are valid for 2
years for the purposes of consultation under section 7 of the Endangered Species Act. https://www.fws.gov/story/2022-
03/north-carolinas-federally-threatened-endangered-and-risk-plant-species
North Carolina's federally threatened, endangered,
and at -risk plant species I U.S. Fish & Wildlife Service
These survey windows were determined using information from species recovery
plans, field observations, herbaria specimens, and NC Natural Heritage Program
information. If suitable habitat for species is present in the proposed impact area,
the U.S. Fish and Wildlife Service will likely request species surveys, conducted by
a qualified biologist, during the optimal survey window. Projects are reviewed on
www.fws.gov
Based on the information provided, suitable forage and/or roosting habitat for the proposed endangered tricolored bat
(Perimyotis subtlavus), may occur within the proposed action area. To avoid impacts to this species, we highly encourage
project proponents to accomplish any necessary tree clearing outside of the "active season" for this animal. The active
season for tricolored bat occurs during the warmer time of year from April 1 - October 15. Although this species is not
currently afforded legal protection under the Endangered Species Act, this impact minimization measure would support our
concurrence with a "may affect, not likely to adversely affect" determination from the appropriate action agency should this
species become listed in the future. If the proposed action would not require clearing of suitable forest habitat for this
animal, we would not object to a "no effect" determination from the appropriate action agency.
The information provided indicates that suitable habitat is not present within the proposed action area for any other
federally listed species. Therefore, we require no further information and consider consultation to be complete at this time.
Please be aware that obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of
the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the identified
action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical
habitat is determined that may be affected by the identified action.
Please contact me if you have any questions.
Regards,
Byron
Byron Hamstead
(he/him/his)

Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third parties.
From: Lisa Gaffney <[e-mail]>
Sent: Friday, February 24, 2023 3:03 PM
To: Hamstead, Byron A <[e-mail]>
Cc: Len Rindner <[e-mail]>; Daniel Kuefler <[e-mail]>; Heath Caldwell
<heath. caldwel I @wetlands-epg. corn >; Amber Lipsky <[e-mail]>; Jeff Levi <jeff. I evi @wetlands-
epg.com>
Subject: [EXTERNAL] WEPG#01081- 8624 Old Waxhaw Monroe Rd: USFWS Project Code 2023-0043997
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding.
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Cultural Resources
Report

R.S. Webb & Associates
Cultural Resource Management Consultants
2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319
Holly Springs, Georgia 30142
Phone: [phone] • Fax: [phone]
June 3, 2022
Ms. Amber Lipsky
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, North Carolina 28105
Subject: Findings - Cultural Resources Literature Review
8624 Old Waxhaw Road Development Tract
Waxhaw, Union County, North Carolina
R.S. Webb & Associates No. 22-649-181
Dear Ms. Lipsky:
BACKGROUND
During May 2022, R.S. Webb & Associates (RS WA) conducted a cultural resources literature review
for a proposed development tract at 8624 Old Waxhaw Road in Waxhaw, Union County, North
Carolina. The project area covers approximately 62 acres located east of the intersection of Old
Providence Road and Waxhaw Farms Road, south of Yamassee Road, in southwest Union County
(Figure 1).
For this study, a cultural resource is defined as a discrete area of human activity that is at least 50
years old. Cultural resources include, but are not limited to, archeological sites, historic structures,
military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The
purpose of the current study was to determine if previously recorded cultural resources are located
within the project area.
METHODOLOGY
Through the State Historic Preservation Office's (SHPO) HPOWEB database, information was
reviewed regarding National Register of Historic Places (NRHP) properties, Union County surveyed -
only historic resources, local landmarks, state study -list sites and historic resources determined by
the SHPO to be eligible for the NRHP. At RSWA's request, the North Carolina Office of State
Archaeology (OSA) provided information on archeological sites within 1.6 kilometers (km) (1.0
mile) of the project area. This information included site forms, location maps and partial or full
reports. Historic county maps were examined online through North Carolina Maps, a collaboration
of the University of North Carolina, the State Archives of North Carolina, and the Outer Banks
History Center. Historic aerial photography and additional historic maps were accessed through
Historic aerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/, and/or
Alabamamaps.ua.edu.
The following primary sources were found to be useful in searching for historic resources within and
adjacent to the project area:

Findings - Cultural Resources Literature Review, 8624 Old Waxhaw Road Tract, Union County, NC Page 2
June 3, 2022
• 1891 Official Military Atlas of the Civil War (Davis et al. reprinted, 1983)
• 1907 and 1910 Miller Map of Union County
• 1910s Rural Delivery Routes on Union County
• 1914 USDA Soil Map, Union County Sheet
• 1938 and 1967 State Highway and Public Works Commission Maps of Union County
• 1970 (revised 1988) USGS Waxhaw, North Carolina 7.5 minute quadrangle
• 1956, 1965, 1983, and 1998 aerial photographs of Union County
• Google Earth Aerial imagery, 1993-Present
RESULTS
Previous Archeological Investigations: OSA records indicate no previous cultural resources
investigations located within 1.0 km of the study tract.
Previous Architectural Investigations: According to SHPO personnel, the North Carolina HPOWEB
database is the definitive source of architectural survey information for Union County.
National Register of Historic Places: There is one NRHP-listed historic property located within 1.0
km of the current study tract (Figure 1). The Waxhaw Historic District is located 950 m and more
northwest of the project area.
Union County Historic Resources: The HPOWEB database identifies no state Study List sites, Local
Landmark properties, or properties determined -eligible for the NRHP within 1.0 km of the study
tract. The database shows two surveyed -only historic resources, Nos. UN0881(Secrest Homestead)
and UN0414 (Waxhaw Baptist Church), within 1.0 km of the project area (Figure 1). Secrest
Homestead is a log house moved in 1970 from Parker Street in Monroe, North Carolina to a place
approximately 710 m northwest of the project area. Waxhaw Baptist Church is located south of Old
Providence Road, approximately 710 m southeast of the project area.
Recorded Archeological Sites: The OSA database identifies one recorded archeological site,
31UN116, within 1.0 km of the project area (Figure 1). Site 31UN116 is an Archaic period lithic
artifact scatter observed in a cultivated field in 1979. It is located approximately 560 m southwest
of the project area and records provided by OSA provide no assessment of the site's integrity or
NRHP eligibility.
Revolutionary War Actions/Features: One Revolutionary War engagement potentially occurred in
Union County. The Battle of Waxhaws (May 29, 1780) took place at an unknown site within the
Waxhaws region, which then included the southern part of Union County and the northern portion
of Lancaster County, South Carolina (Lewis 2021).
Civil War Actions/Features: Review of the Official Military Atlas of the Civil War (Davis et al.
1983) revealed that no significant Civil War military activity occurred in present-day Union County,
North Carolina. Union General William T. Sherman, following the capture of Columbia, South
Carolina on February 17, 1865, moved north to the vicinity of Kershaw, Lancaster County, South
Carolina (20 km southwest). His armies then turned northeast and moved toward Laurel Hill and
Fayetteville, North Carolina, thus bypassing the project region (Davis et al. 1983).

Findings - Cultural Resources Literature Review, 8624 Old Waxhaw Road Tract, Union County, NC Page 3
June 3, 2022
Historic Cemeteries: The USGS topographic maps reviewed show three mapped cemeteries within
1.0 km of the project area (Figure 1). The closest of these is at Piney Grove Church, approximately
470 m southwest of the project area.
Structures and Features on Historic Maps and Aerial Photographs: Maps dating to the period of
1907 to 1970 show Old Providence Road with two to five owner and tenant residences grouped east
of the road near or adjacent to the southwestern project area boundary (Figure 1). A revised version
of the 1970 topographic map (1988) shows two new buildings located east of Old Providence Road,
one of which was in the northwestern part of the project area; new infrastructure and buildings are
located at or near the western, northern, and southern study tract boundaries (Figure 1).
Likewise, aerial photographs show the groups of farm -related buildings located adjacent to the
western project area boundary in 1956, one of which could have been in the project area ( Figure 1).
The western one -quarter of the project area was in cultivation and the remainder of the tract was
wooded. By 1965, cultivated land was in pasture, a pond was present in the study tract, farmstead
building groups were mostly absent and two ranch houses were in place west of the project aera. As
of 1983, a building was present in the western part of the project area, new infrastructure and
buildings were present to the west, north, and south, and a transmission line corridor was located in
the project area. The patterning of open land to wooded land in the project area was relatively
unchanged throughout the second half of the 20t' century.
CONCLUSIONS
There are no NRHP-listed properties, determined -eligible properties, study -listed resources,
designated local landmarks, surveyed -only properties, mapped cemeteries or recorded archeological
sites located within or adjacent to the project area. The closest known cultural resource is a mapped
cemetery at Piney Grove Church located approximately 470 m southwest of the study tract. Historic
maps and aerial photographs indicate cultivation and potential historic occupation in the western part
of the project area prior to 1965, and modern occupation of the western portion of the tract after
1969.
CLOSING COMMENTS
Ms. Lipsky, we appreciate the opportunity to work with you on this project. If you have any
questions or comments, please contact me at 770-345-0706.
Sincerely,
R.S. WEBB & ASSOCIATES
L
Robert S. (Steve) eb
President and Senior Principal Archeologist
Attachments: Figure 1

Findings - Cultural Resources Literature Review, 8624 Old Waxhaw Road Tract, Union County, NC Page 4
June 3, 2022
REFERENCES
Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles
1983 Atlas to Accompany the Official Records of the Union and Confederate Armies.
Reprint of the 1891-1895 edition. The Fairfax Press, New York.
Lewis, J.D.
2021 The American Revolution in Noah Carolina. Internet -Online. Found at:
http://www.carolana.com/NC/Revolution/home.html. Accessed June 2021.

A Structure on Historic Maps and Aerials • Recorded Archeological Site
■ 13 Recorded Historic Resource Road Course on Historic Maps and Aerials
Map Reference: 7.5-Minute USGS Quadrangles Scale
Catawba NE (1968, PR 1988) and 0 610 meters
Waxhaw (1970, PR 1988), SC -NC
0 2000 feet
Figure 1 Project Area and Recorded Cultural Resources