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HomeMy WebLinkAbout20201208 Ver 3_Griffith Lakes Phase 2b PCN_SUBMITTED_20230910WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2019 - 01091 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ I. Project Name [PCN Form A2a]: Griffith Lakes Phase 2b 2. Work Type: Private❑ Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: NWP 3 request for Phase 2b of a residential development- rehabilitation of an existing dam 4. Property Owner / Applicant [PCN Form A3 or A4]: Toll Brothers Inc 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 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.3273,-80.8222 South of West W.T. Harris Blvd and Old Statesville Road, Charlotte, NC 8. Project Location -Tax Parcel ID [PCN Form 131a]: please see attached map 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form 132a]: Mallard Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]:Rocky (03040105) Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 3 ❑ Regional General Permit # Jurisdictional Determination Request �✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required 001 0W411IW1L069% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. September 8, 2022 Assigned Project Manager 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-2019-01091; Pre -Construction Notification for NWP #3 for the Griffith Lakes Phase 2b site in Charlotte, Mecklenburg County, North Carolina USACE Assigned Project Manager, Messrs. Pitner, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit #3 for Phase 2b of the Griffith Lakes site on 399 acres located south of W W.T. Harris Boulevard and east of Old Statesville Road in Charlotte, NC. The site is a proposed residential development and consists of 12 streams, 15 wetlands, and three open water ponds. The site was field verified by NCDEQ in May 2019 and by the USACE in September 2019 and a PJD was issued in February 2020. A NWP 429 was issued for Phase 1 and 2a of this development in October 2020 and included 240 linear feet (0.039AC) of permanent stream impacts. Please refer to the table below for a summary of permitted impacts. Phase Issuance Date Temporary Im acts p Permanent Impacts Permanent No -Loss Impacts 40 LF 1 Oct-20 stream, 0.02 240 LF (0.039 AC) stream N/A AC wetland 0.02 AC 138 LF (0.01 AC) stream, 2a Sep-22 21 LF (0.004 AC) wetlands 0.231 wetland Charlotte Office: www.wetlands-epg.com 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 1 len.rindner@wetlands-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. A copy of the DMS receipt for each of these permits are enclosed. Please refer to the Approvals section for information on onsite surface waters. All phases have been carefully planned to stay under the NWP threshold(s) cumulatively. Phase 2b is a NWP 93 for dam modification to meet dam safety requirements and to bring the current crossing to NCDOT standards. As shown on the attached exhibits, the proposed project will include permanent impacts to one wetland for dam improvements and a road crossing, and temporary impacts for construction access and utility installation. Total permanent impacts proposed for this phase include 0.11 acres of wetland impacts (Wetland G). These impacts were unavoidable due to roadway access and connectivity requirements. Efforts of impact minimization were implemented during the design to preserve the existing hydrology and limit adverse effects to existing, onsite natural habitat. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed lots and access routes. Headwalls are proposed and, where possible, 2:1 slopes will be implemented to limit impacts to site surface waters. The roadway crossing was narrowed to the greatest extent possible while meeting local dam and roadway design requirements. The applicant has demonstrated substantial avoidance and minimization efforts in which 95.5% of the original 8,562 linear feet of onsite streams and 99% of the original 26.784 acres of onsite wetlands and open waters will be avoided. To compensate for the anticipated permanent impacts to onsite streams, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 2:1 ratio. 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. This report has been submitted to Fish & Wildlife Services for concurrence. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336)554-2728 or email at daniel.kuefler(acr�,wetlands-eU com. Sincerely, Daniel Kuefler, PWS Environmental Scientist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www.wetiands-epg.com Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG 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: 3 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. ❑X Yes ❑ 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: Griffith Lakes Phase 213 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Harris Woods LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): James Griffith 3d. Street address: 1944 Brunswick Ave Ste 2A 3e. City, state, zip: Charlotte, NC 28207 3f. Telephone no.: (704)365-2515 3g. Fax no.: 3h. Email address: rprice1@tollbrothers.com 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: Robert Price 4c. Business name (if applicable): Toll Brothers Inc 4d. Street address: 14529 Grand Palisades Parkway 4e. City, state, zip: Charlotte, NC 28278 4f. Telephone no.: (980) 722-6715 4g. Fax no.: 4h. Email address: rprice1@tollbrothers.com 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.: (336)554-2728 5f. Fax no.: 5g. Email address: daniel.kuefler@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 04324101, 04306202,04306209, 04323294 1 b. Site coordinates (in decimal degrees): Latitude: 35.3273 Longitude:-80.8222 1c. Property size: 399 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Mallard Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Upper Rocky River (03040105) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is almost entirely covered with disturbed successional woods on slopes and stream corridors laced with gravel and dirt roads and trails. There are subdivisions to the north, east, and south with commercial properties buffering the property from US HWY 77 to the west. 3b. List the total estimated acreage of all existing wetlands on the property: 26.784 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,562 3d. Explain the purpose of the proposed project: Phase 2b is an application for dam improvements required to bring the dam up to current safety standards. The crossing will connect Phases 1 & 2a. 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's JD was field verified by D. Shaeffer (USACE) on 2/6/20. The NWP applications were verified by USACE on 10/2020 & 9/2022 and by NCDEQ on 12/2020 & 6/2022. A copy of the signed JD, Phase 1 and 2a NWP approvals are included in the Approvals section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. Please see Previous Approvals section. 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. A NWP #29 was issued for Phase 1 of this development in October 2020 and included 240 linear feet (0.039AC) of permanent stream impacts. A NWP #14 was issued for Phase 2a of this development in September 2022 and included permanent impacts to 138 LF of stream and 0.231 AC of wetlands. 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 ❑ 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 0.11 W2 T Construction Acce Headwater Wetland Yes Corps 0.02 W3 T Excavation Headwater Wetland Yes Corps 0.01 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: 0.14 2h. Comments: Wetland G W1 is fill for a dam improvements/road crossing W2 is construction access for the dam improvements W3 is for utility installation 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 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: 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. Phase 2b includes dam improvements to an existing structure onsite due to safety standards and to provide a connection point between the amenity center and Phase 1. Efforts of minimization were implemented to preserve the existing hydrology and limit adverse effects to existing natural habitat. 2:1 slopes are proposed where possible to minimize impacts. Connectivity requirements mandated the proposed roadway alignment and subsequent dam updates. The applicant has demonstrated avoidance and minimization efforts by avoiding 95.8% of streams and 99% wetlands for the whole site. 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 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X 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. ❑X 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: 0.11 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Please see attached letter of availability. 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 City of Charlotte but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte ❑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 DYes ❑ 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 future addition of more lots to the remaining project area is still being planned. All future phases have and will be carefully planned to stay within NWP thresholds. 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 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? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.meeklenburgcountync.gov/ Daniel Kuefler 09-08-2023 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Proj ect/Site Name: Griffith Lakes Phase 2b Property Address: south of W W.T. Harris Boulevard and east of Old Statesville Road Parcel Identification Number (PIN): 04324101, 04306202,04306209, 04323294 Select one: I am an interested buyer/seller Name: Robert Price Company: Toll Brothers Mailing Address: 14529 Grand Palisades Parkway, Charlotte, NC 28278 Telephone Number: (980) 722-6715 Electronic Mail Address: rpricel@tollbrothers.com Property Owner / Interested Buyer* / Other" Date 9.8.23 * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len. rindner@wetiands-epg.com ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Robert Price Toll Brothers, Inc 14529 Grand Palisades Parkway Charlotte, NC 28277 Project: Griffith Lakes Phase 2b NORTH CAROLINA Environmental Quality September 7, 2023 Expiration of Acceptance: 3/7/2024 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.11 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, At�t,u� FOR James. B Stanfill Deputy Director cc: Daniel Kuefler, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 N _05 N Q 05 10 Maps/Plans I IN David Japlor Fa57nf David R e 1� � Croft [FR�FRR�iI fy Lube a ukr�sm RESFaerxa-0RN :tRGPfFN 2� "LISITE North Carolina Harris Teeter ,9ry f „S Education Lottery Office � Chick-fil-A Rockwell Perk II.YIVMiry GIP SIX 9c.R.7!. ' A !� L 1 q�� V 4-1"4 a Pa 4 � PROJECT BOUNDARY s o � �i Pal�isiq r1 STUDY LIMITS �C,r G,66 %SwSn 9r Z 9ruIV r a p'51,4 ;4 g� Charlotte Spring Qr��r Pao Apartments Gaogle Acres: GRIFFITH LAKES -PHASE 2A Prepared for: +/- 399 Mecklenburg Co., NC Toll Brothers FIGURE 05/01/19 VICINITY MAP 1 Drawn By: Reviewed By: iimli UPDATED 3121122 Subject to USACE/NCDEQ verification NRN LSR 77, PHASE72A r ?� J*r R s :``0c`r5 It, • �. *.ram k t r 24 ; y7 .{ PHASE 1 „i PHASE 2B ..L { PROJECT BOUNDARY STUDY LIMITS Acres: GRIFFITH LAKES -PHASE 2A Prepared for: +/- 399 Mecklenburg Co., NC Toll Brothers FIGURE 2 05101119 AERIAL MAP Drawn By: Reviewed By: UPDATED Subject to USACE/NCDEQ verification N R N LS R " 3121122 �f r � 1' � �-,� • "- - 1 + ` � PHASE 1Jftp � ■ i Y ,i � ' � ! PHASE2B �� I ■ f � � .lr � 1 , � PROJECT BOUNDARY ■ li f FI ` STUDY LIMITS i�■ PHASE 2A ROO �-�.. � J �� rr ti �� _ � f �, -_.%ter �` r. ' 7'8+� � x •, j I . MALLARD CREEK LOCATION Lat: 35.3273 2N SCALE Long:-80.8222 2W 1:24,000 �"� • t , .z HUC:03040105 ACRES USGSClUAD( UPPER ROCKY RIVER 399 Derita NC �'1 [lfr! Irrdce Acres: GRIFFITH LAKES -PHASE 2A Prepared for: +/- 399 Mecklenburg Co., NC Toll Brothers FIGURE 3 05101119 USGS MAP Drawn By: Reviewed By: UPDATED 3/21/22 Subject to USACE/NCDEQ verification N R N LS R 1r�3 E � PHASE 2B 2 •v t�� MeB {C• C W C' ec� GeB 2 HeB PHASE 1 E n B M G T! fi ! 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Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Griffith Lakes — Phase 2b Mecklenburg County, North Carolina By: Lisa R. Gaffney Field investigation conducted on September 6, 2023 Charlotte Office: www.wetiands-epg.com Asheville Office-. 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co nn Griffith Lakes Phase 2b - Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Griffith Lakes Phase 2b site is located just east of Hwy 115, Old Statesville Road, and Henderson Road, and just south of W.T. Harris Blvd. in Mecklenburg County, North Carolina. It can be found on the Derita USGS Topographic Quadrangle Map; latitude is 35.3273 N, longitude is 80.8222 W. Phase 2b is limited to the area highlighted in green as indicated in Figures 1-4 Figure 1: PHASE 1 rI { `y} I • � .Y _ - -- 4I ia� I f PHASE 2& �51i' _ - - + I ak=fir - II •` by r f 1 I •-k --�. 11•� 3R4IECT641.1NLDARY I - }44 •1 ' Si L111Y L11117S i41 f: PHASE 24 � 'r �•—1 :14 ••YiF f i; . f v Y i. ' CREEK I+ � � � rri. •.._ f LOCATION � �� �_, 1,, ' *SCALE �1 i+• r _ „ :i Lat: 35.3273 °N Long-80.8222 °W '� �4 +! 1:24,000 ACRES QUAD I - o HUC:03040105 UPPER ROCICY RIVER 399t4 NC LUD! A— +j-399 GRIFFITHLAICES-PHASE2Ei Mecklenburg Ca, NC Rreparedfor: TnII Rrnthem 4►r/ YY EPG FIGURE 1 OSfO2f29 UPDA rED U&G3 MAP 5ub1ec[ co USACZfMCDEQ venficau Orawn E+y: N RN RdVdWdd ey: LSR V21{22 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Griffith Lakes Phase 2b - Threatened / Endangered / Protected Species Evaluation Figure 2: VICINTIY MAP Nwd c"tR,, - 2435 '� Lobe e North Carolina Harris Teeter _ ,T$ EducationLott&V.Office 11Chick-ilA �sk: r' 5 �$ 'D P ROJECT 6O UN DARY {r S3 F�rria STUDY LIMITS - �q., 9n+n$ o MFr[rt JL 9 Charlotte Spring too Apartments p+ �� 1r61,10 0 Qf 0 ale cF +g GRIFFITH LAKES -PHASE PB Preparedfar:WEPG +}- 399 Mecklenburg CD., NC Toll Brothers FIGURE Z� VICINITY MAP drawn 9y: Reviewed 9y: UPDATED Subper to USACEfNCDEQ venfimribn NRN LSR 312 V22 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Griffith Lakes Phase 2b - Threatened / Endangered / Protected Species Evaluation Figure 3: AERIAL MAP kK, #�Nok_ lr i,,er �. t wy� f W _ aw*� x. ► y X� ; ►A r► - ,� ►1 � a' - w STUDY LIMITS M1 ' all �. s �' • r 11► � i. _•ram ... �rC.''• ' f r.. ` {' p ► •� der 'oMecklenburg ff GRIFFITH LAKES -PHASE 2B Preparedtor: ■ ® Co., NC Toll Brothers Wedands and Emironmen=al Planmrrg Group IN Leonard S-Rlnd. FtLC. AERIAL MAP Drawn By: . • ► len-HMner�rredonds.epg.com 904-? 77 vW-7277 [7oaj wvrw704) Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Griffith Lakes Phase 2b - Threatened / Endangered / Protected Species Evaluation Figure 4: USDA SOIL MAP f3 r PHASE 1 E n B E W _ PHASE 26 �} Me LAJ { M '4 e�+s cf GeV 4 Irr� M HeB PHASE 2A �'y Coe L C! r (,rif(i!h v HeB P. PROIECT BOUNDARY y STUDY LIMITS ! `ryB C reB2 Acres: GRIFFITH LAKES -PHASE 2B Prepared for Mecklenburg Co., NC Tall Brothers FIGURE 4 2126119 MRCS PUBLISHED SOILS MAP Drawn Ry: Reviewed By: UPDATED Subjecrto USACE/NCDER mrjFcation NRN LSR 3121122 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Griffith Lakes Phase 2b - Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service IPaC website https://ipac.ecosphere.fws.gov/location/K4UBW35MGZHKL07H4F7QR6AB5U/re sources was referenced to determine the occurrence of Threatened, Endangered and Protected species for the Griffith Lakes Phase 2b site, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on September 6, 2023. Table 1: Threatened / Endangered / Protected Species listed for the Griffith Lakes Phase 2b site. *Source: US Fish & Wildlife Service IPaC **Data search on September 5, 2023 Group Name Status Vascular Schweinitz's Sunflower (Helianthus Endangered Plants schweinitzii) Vascular Smooth Coneflower (Echinacea Endangered Plants laevigata) Vascular Michaux's Sumac (Rhus michauxii) Endangered Plants Vertebrate Tricolored Bat (Perimyotis subf/avus) Proposed Endangered Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act on Wetlands and Environmental Planning Group Griffith Lakes Phase 2b - Threatened / Endangered / Protected Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring on the subject 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). Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights -of -way, requiring abundant sunlight and little competition from other plant species. 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 subject 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. Tricolored Bat (Perimyotis subf/avus), proposed Endangered, is often found in caves, abandoned mines, and road culverts during winter. During the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees. Tricolored bats face extinction due primarily to the range wide impacts of white -nose syndrome, a deadly disease affecting cave -dwelling bats across the continent. RESULTS: The study site encompasses a pond dam and existing dirt and gravel access road and adjacent area associated with the corridor. The open water pond has partially wooded perimeters with transitional wetland edge habitat dominated by typical wetland vegetation including Sedges (Carex spp., Cyperus spp., Scirpus spp.), Rushes (Juncus spp.), and Cattails (Typha latifolia). WEPG400513 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Griffith Lakes Phase 2b - Threatened / Endangered / Protected Species Evaluation The disturbed, open, gravel and dirt access road and transitional open edges are dominated by planted Fescue (Festuca sp.) and Sericea Lespedeza (Lespedeza cuneata), with mixed shrubs, vines and herbs including Blackberry (Rubus sp.), Autumn Olive (E/aeagnus umbellate), Smooth Sumac (Rhus g/abra), Pokeweed (Phyto/acca americans), Tickseed (Coreopsis major), Ragweed (Ambrosia artemisiifolia), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), and Thoroughwort (Eupatorium sp.) The downstream side of the dam and road is heavily dominated by Kudzu (Pueraria /obata) which is completely covering the slopes and climbing the trees. Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadside and transitional edges were examined. Schweinitz's Sunflower (Helianthus schweinitzii) was not observed within the review area. • All potential habitats for Smooth Coneflower along the roadside and transitional edges were examined. Smooth Coneflower (Echinacea laevigata) was not observed within the review area. • All potential habitats for Michaux's Sumac along the roadside and transitional edges were examined. Michaux's Sumac (Rhus michauxii) was not observed within the review area. • No habitat exists on the site for Bald Eagles. Bald Eagle (Haliaeetus was not observed within the review area. • Guidance from the USFWS Asheville office as of the report date indicates no action is required under section 7 of the Endangered Species Act for the Tricolored Bat (Perimyotis subf/avus). 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, 041XI # 1*e�l Lisa R. Gaffney, Biologist September 7, 2023 WEPU 400513 Wetlands and Environmental Planning Group Griffith Lakes Phase 2b - 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). • Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. M Wetlands and Environmental Planning Group ua FTM SE� .Fe United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 June 13, 2022 Lisa Gaffney WEPG 10612-D Providence Road PMB 550 Charlotte, North Carolina 28277 lisa. ag ffney@wetlands-epg.com Subject: Griffith Lakes Residential Development; Mecklenburg County, North Carolina Dear Lisa Gaffney: The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated May 13, 2022, wherein you solicit our comments regarding project - mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the Applicant proposes to construct a residential development and appurtenances on approximately 400 forested acres in Charlotte, North Carolina. The information provided suggests that the proposed project will require authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the United States. No project design plans or a description of impacts to onsite habitats have been prepared or provided at this time. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species. Although not required, we encourage the Applicant to avoid any associated tree clearing activities during this animal's pup season, maternity roosting season (May 15 — August 15) and/or active season (April 1 — October 15). If adhered to, a tree clearing moratorium would also support our concurrence with a "may affect, not likely to adversely affect" determination from the action agency for this animal. Please note that on March 23, 2022, the Service published a proposal to reclassify the northern long-eared bat (NLEB) as endangered under the Act. The U.S. District Court for the District of Columbia has ordered the Service to complete a new final listing determination for the NLEB by November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened, faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across the continent. The proposed reclassification, if finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only to threatened species. Depending on the type of effects a project has on NLEB, the change in the species' status may trigger the need to re -initiate consultation for any actions that are not completed and for which the Federal action agency retains discretion once the new listing determination becomes effective (anticipated to occur by December 30, 2022). If your project may result in incidental take of NLEB after the new listing goes into effect this will need to be addressed in an updated consultation that includes an Incidental Take Statement. If your project may require re -initiation of consultation, please contact our office for additional guidance. Additional information about this animal including its proposed reclassification can be found here: https://www.fws.gov/species/northern-long-eared-bat-m. ot�ptentfionalis Your correspondence indicates that suitable habitat is present onsite for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii), smooth coneflower (Echinacea laevigata), and Michaux's sumac (Rhus michauxii). Your correspondence indicates that the site was evaluated April 22 and May 6, 2019, and October 12, 2020. Provided that targeted botanical surveys of all potential habitats within the action area for the species above were conducted during the appropriate timeframes, we believe that the probability for inadvertent loss of these plant species is insignificant and discountable and would concur with "may affect, not likely to adversely affect" determinations from the action agency for these species. Botanical survey results are valid for two years for the purposes of consultation under the Act: https://www.fws. gov/asheville/pdfs/Optimal%20Survey%20Windows%20for%20listed%20plant s%202020.pdf Based on the information provided, we believe that suitable habitats do not occur onsite for any other federally protected species. Our concurrence with "no effect" determinations from action agencies is not required. In accordance with the Act, it is the responsibility of the appropriate federal action agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Obligations under section 7 of the Act must also 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. Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Impervious Surfaces and Low -Impact Development Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new development, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-22-549. Sincerely, - - original signed - - Janet Mizzi Field Supervisor a-J L O Q oC u O V) oC c� 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: 770-345-0706 • Fax: 770-345-0707 August 19, 2019 Mr. Len Rindner Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 10612-D Providence Road, PMB 550 Charlotte, North Carolina 28277 Subject: Letter of Findings - Cultural Resources Literature Review and Site Visit Griffith Lakes Development Tract Charlotte, Mecklenburg County, North Carolina R.S. Webb & Associates No. 19-649-114 Dear Mr. Rindner: BACKGROUND During the week of May 13 and on August 6, 7 and 8, 2019, R.S. Webb & Associates (RSWA) conducted a cultural resources literature search and site visit for the Griffith Lakes development tract in Charlotte, Mecklenburg County, North Carolina (Figure 1). A "cultural resource" is defined as a discrete area of human activity that is more than 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, historic landscape features, and similar features. The purpose of the literature search was to determine if previously recorded cultural resources are located within or adjacent to the project area. The goal of the site visit was to explore the limits of a known cemetery abutting the project area and to search certain landforms within the study tract where cemeteries are often found. METHODOLOGY Literature and Records Search: Archival sources and background data on the project area were gathered from the following repositories: • North Carolina State Historic Preservation Office (SHPO), Raleigh, North Carolina • State Archives of North Carolina, Raleigh, North Carolina • The North Carolina Historic Preservation Office GIS Web Service (HPOWEB found at http://gis.ncdcr.gov/hpoweb/) • North Carolina Maps Project, found at http://www2.lib.unc.edu/dc/ncmaps/ North Carolina Office of State Archeology (OSA) records include official files and maps, pertinent site forms, and manuscript/report files. OSA data from an adjacent study was used to determine the possible presence/absence of archeological sites within the project area. The National Park Service's National Register of Historic Places (NRHP) website was accessed to determine if NRHP-listed properties are located in the project vicinity. The SHPO's HPOWEB GIS online database is the Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 2 August 19, 2019 definitive resource for the location of state -recognized historic resources in Mecklenburg County. Historic county maps were viewed 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 photographs and other historic maps were reviewed online at Alabamamaps.ua.edu and at Historialaerials.com. The following sources were examined to search for historic resources within and adjacent to the project area: • 1910 USDA Soil Map of Mecklenburg County • 1911 Spratt Map of Mecklenburg County • 1912 Rural Delivery Route Map of Mecklenburg County • 1948 and 1972 Derita, North Carolina 7.5-minute USGS topographic map • 1938 State Highway Map of Mecklenburg County • 1961, 1965, 1968 and 1971 aerial photographs of Mecklenburg County • 1993-2018 Google Earth aerial photography Site Visit: An archeologist with experience identifying historic cemeteries visited the project area to: 1) walk the 30-foot perimeter of a known cemetery abutting the project area; and 2) scan landforms within the project area where cemeteries are most often found such as ridge summits/ crests, knolls and prominent spurs. The archeologist carefully walked and searched each location shown on Figure 2 for erect/fallen grave markers, grave plot markers/coping, oblong depressions typical of unmarked graves, historic tree clusters, and surface/shrub-layer plants often found in cemeteries. RESULTS Literature Review Previous Archeological Investigations: At least seven cultural resources or state environmental review parcels are noted on the official archeological site file Derita quadrangle map. None of these studies resulted in archeological resources being recorded in the project area. Previous Architectural Investigations: A comprehensive rural architectural survey of Mecklenburg County was conducted by Mary -Beth Gatza in 1987-88, and an update of the survey was completed by Sherry Joines and Dan Morrill in 1997. Information from these surveys is available through the North Carolina HPOWEB database. National Register of Historic Places: A review of NRHP files and maps indicates that there are no NRHP-listed properties within 0.5 mile of the project area. The closest NRHP-listed property is the Croft Historic District (MK1788), located approximately 3,225 feet north of the project area. The Fred Gibson Farm (MK3086), located about 3,000 feet southeast of the study tract, has been determined eligible for the NRHP but is not listed. Google Earth aerial photography shows that a portion of this farm has been developed. Mecklenburg County Historic Structures: There are 15 recorded historic resources within 1.0 mile of the project area, one of which was located within the project area. The Henderson House (MK1546) was a circa 1850 two and a half story dwelling located in the northwest corner of the project area (Figure 1). According to Google Earth aerial photography, this resource had been Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 3 August 19, 2019 destroyed/removed by 2005. The closest historic structure to the project area was MK1547 located approximately 1,000 feet southwest of the study tract (Figure 1). This circa 1900 two-story cross - gable house is no longer present, per 2018 Google Earth aerial photography. Atlantic, Tennessee & Ohio Railroad (aka Southern Railway; aka Norfolk Southern) Corridor: The Atlantic, Tennessee & Ohio Railroad (AT&O) corridor is adjacent to the western project area boundary (Figure 1). The section of the AT&O between Charlotte and Davidson was completed in 1861, but service was soon suspended due to the Civil War. The AT&O reopened in 1871 and in 1881, it was leased for 99 years to the Charlotte, Columbia and Augusta Railroad. Southern Railway acquired the AT&O in 1894, under which ownership it remained until Southern Railway merged with Norfolk & Western Railway in 1982 to form the Norfolk Southern Railway (carolana.com nd). Known Archeological Sites: There are two recorded archeological sites located within 0.5 mile of the project area, but neither site is located within or adjacent to the project area (Figure 1). The closest site, 31MK88, is recorded as an isolated biface located about 1,200 feet south-southwest of the project area near Structure MK 1547. The second site, 31MK333, is recorded as a single non - diagnostic lithic artifact located approximately 1,900 feet north of the study tract. Revolutionary War Features: After capturing Savannah, Georgia (December 1778) and Charleston, South Carolina (May 1780), Sir Henry Clinton returned to New York and left Charles, Lord Cornwallis with just more than 8,000 troops to conquer North Carolina. Following victory at Camden, South Carolina, the British aimed to occupy Charlotte and restore the Royal government there. However, resistence to Cornwallis' movement was substantial and it took his army 17 days to march the 70 miles from Camden to Charlotte. Upon Cornwallis' arrival at Charlotte on October 3, 1780, the rebels constantly harassed his foraging parties, captured his scouts, and captured or killed his messengers. An attack on one foraging party, known as the Battle of the Bees or McIntyre's Farm, took place on that same date 2.3 miles southwest of the project area. Corwallis soon abandoned this first attempt to subdue North Carolina, calling the area a "hornet's nest" of rebellion. Cornwallis retreated to Winnsborough, South Carolina and encamped for the winter. During this second attempt, he bypassed the Charlotte area to the west and north, crossing Catawba River west to east at Cowan's Ford (10 miles northwest of the project area) in February 1781. The British were finally defeated at Yorktown, Virginia on October 17, 1781(Lewis 2011, Powell 1989). Civil War 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 Mecklenburg 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 Lancaster, South Carolina, but his army then turned northeast toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project region (Davis et al. 1983). Historic Cemeteries: Historic maps and aerial photographs indicate two cemeteries within 1,000 feet of the project area (Figure 1). Oak Grove United Methodist Church Cemetery is a well established and maintained out parcel along the western project area boundary. According to Findagrave.com, this cemetery has at least 118 memorials. Headstones indicate use from at least 1910 into 2015 (peoplelegacy.com nd). The church, which is now located over a mile south of the cemetery, was established is 1889 and was originally located just west of the cemetery. The second cemetery, Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 4 August 19, 2019 Bethel Methodist Church Cemetery, is located within approximately 100 feet south and 420 feet east of the project area and retains at least seven marked graves dating from 1872 to 1939 (peoplelegacy.com nd). Structures or Features on Historic Maps and Aerial Photographs: Historic maps from 1910 through 1972 show at least 11 structures being located within the project area, including the houses of Dr. S. Henderson House, Mrs. Nancy Black, H. Armstrong, J.R. Price and J. Brown called out on the 1911 Spratt Map (Figure 1). Historic maps also show Old Potter Road traversing the project area, as well as a number of secondary/farm roads. Eight other mapped resources are adjacent to the study tract, including Oak Grove Church and cemetery (Figure 1): Bethel Methodist Church (or cemetery) is not cited on the maps reviewed. Aerial photography from 1961 through 1971 shows essentially the same structures as observed on historic maps. Land use in the project area is a mosaic of wooded areas typically around active agricultural fields/pastures. All three of the Griffith Lakes are in place by 1961, as is the local primary transportation network and the transmission line that traverses the project area. West W.T. Harris Boulevard was constructed by 1993 and older roads into the project area begin to disappear. In the late 1990s and early 2000s, subdivision development began to intensify in the project vicinity and by 2018, the project area was essentially surrounded by modern development. Site Visit A 30-foot perimeter beyond the fenced boundary of Oak Grove United Methodist Church Cemetery was walked/scanned for evidence of human graves and no evidence of graves was observed. Areas adjacent to the cemetery are heavily disturbed by a dirt road (south), earlier agricultural/silvicultural activities and erosion. It is recommended that an undisturbed 50-foot buffer be established beyond the cemetery fence due to the high level of disturbance immediately around the cemetery. If a 50- foot buffer cannot be achieved, then intensive probing and/or surface clearing may be necessary to ensure that unmarked graves do not lie in adjacent areas proposed for ground disturbing activities. The landforms shown on Figure 2 were walked and surfaces scanned for evidence of cemeteries. No grave makers, oblong depressions, cemetery vegetation or other features common to cemeteries were observed. SUMMARY Literature Search: There are no NRHP-listed historic properties within 0.5 mile of the study tract. One state -recognized historic structure, the Henderson House (MK1546), was located within the project but has been razed/removed. At least 11 structures have been present in the project area since 1910 but the current status of those resources is unknown. No recorded archeological sites are located within or adjacent to the project area. Two cemeteries are proximate to the project area. Oak Grove United Methodist Church Cemetery abuts the western edge of the study tract, while Bethel Methodist Church Cemetery is within 100 feet south and 420 feet east of the project area. Site Visit: No evidence of human graves was observed around Oak Grove United Methodist Church Cemetery or on the selected landforms inspected during the site visit. It is recommended that a 50- foot undisturbed buffer be established around the existed cemetery fence. If a 50-foot buffer is not Findings - Cultural Resources Literature Search and Site Visit, Griffith Lakes Development Tract Page 5 August 19, 2019 feasible, then clearing around the cemetery may be necessary to ensure that unmarked graves are not outside the existing cemetery fence. CLOSING COMMENTS Mr. Rindner, 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 & ASSOCIATE Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figures 1 and 2 REFERENCES Carolana.com nd North Carolina - Railroads. Found at: https://www.carolana.com/NC/Transportation/ railroads/nc—rrs—atlantic—tennessee—ohio.html. Accessed May 20, 2019. 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. Peoplelegacy.com nd Oak Grove United Methodist Church Cemetery and Bethel Methodist Church Cemetery. https://peoplelegacy.com/cemetery/. Accessed May 20, 2019. Powell, W.S. 1989 North Carolina Through Four Centuries. University of North Carolina Press, Chapel Hill and London. Lewis, J.D. 2011 The American Revolution in North Carolina. Internet -Online. Found at: http://www.carolana.com/NC/Revolution/. Accessed 9 November 2018. ��•�.• � [_� $cam-ipn _ r� - .� � r' r-r;:��j �-`l �J Lr -� 31MK333 cis : r •_ Atlantic, Tennesand =Y. • -.Ohio Railroad Corridor �■ j Henderson=House I MK1546 i (Ra`aed/Removed) V + 1 ❑ Project Area + 1 Oak -Grove -Church i• +� - _b�Gr- fjzth Ickes ilk Gr- �� 'Oak Grove Churc em ❑ • Bethel Me . thodist-. Cemetery - Church Cemetery', y.. ❑ (Approximate Location) _ hNetrOhna �• 6 �❑ s f - TEG 1'•' airgroG 0 'rang.•. �31,MK88 MK1549 # •y,. -(Razed/Removed) �• 115 - 9ak Gi6re 4 A 30 ❑ Structure on Maps/Aerials Cemetery ■ Recorded Historic Structure Recorded Archeological Site Map Reference: 7.5-Minute USGS Quadrangle Derita (1993), NC Scale 0 610 meters 0 2000 feet Figure 1 Project Area and Previously Recorded Cultural Resources Location Map Pro'ecArea 2 7 00 P th • 1 • / y ice_- __ � `,� i� i 11 1) 4 I 3 9 8pp - 10 • y � 1Z 1 Survey Transect Map Reference: 7.5-Minute USGS Quadrangle Scale Derita (1993), NC 0 305 meters 0 1000 feet Figure 2 Cemetery Search Coverage Map EI Approvals `° W N ti \ m O � N Vr �n ? \ LL O� ' ;5 CO CL k m �• a cc cc M= m F N 1 J cc N • rj R a fr - ry c a g o m c x ptz- m a LLJ x z� o LLI Wa W = • •r � uo 7 � Y o � cn cn LLcc a� z 0 > c Q 0acUi o v Z OI m �-94 l0 N z LLICL of LJJ Q Z W y��"�J 44� • �• LL cc cc z a°t cc a F cr Al fn •• (A L • I fH� JL.. � � � L L CL UP z o - m 00 c z p 10 a Z Z_ a N } N m p - a oo v1 ) L ~ z N O N O R R Z o ccN ij.. p P p m Z o •�. k a O tj W p V z j U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01091 County: Mecklenburg U.S.G.S. Quad: NC- Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Toll Brothers Kevin Kernahan Address: 100 Willow Brook Road, Suite 200 Freehold, NJ 07728 Telephone Number: 732-272-0528 E-mail: kkernahan(djollbrothers. com Size (acres) 399 Nearest Town Charlotte Nearest Waterway Mallard Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.3273 Longitude:-80.8222 Location description: The review area is located directly south of the intersection of West W.T. Harris Boulevard and Davis Lake Parkway. PINS: 04306202, 04323294, 04324101, 04306209. 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 9/20/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ 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 SAW-2019-01091 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 (252) 808-2808 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 David L. Shaeffer at 704-510-1437 or david.l.shaeffernusace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 2/6/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** `� Digitally 0.02.0ned 1 SH AEFFER.DAVID.LEIG H.1260750573 Corps Regulatory Official: wre:zozo.oz.obnss:zs-osoo' Date of JD: 2/6/2020 Expiration Date of JD: Not applicable SAW-2019-01091 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apcx/t'?p= 1 '36:4:0 Copy furnished: Agent: Leonard S. Rindner, PLLC, WEPG Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(awetlands-eng.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01091 County: Mecklenburg U.S.G.S. Quad: NC-Derita GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Toll Brothers, Inc. Dan Rossi Address: 14529 Grand Palisades Parkway Charlotte, NC 28278 Telephone Number: 704-430-9392 E-mail: drossi(&tollbrothers.com Size (acres) 399 Nearest Town Charlotte Nearest Waterway Mallard Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.3273 Longitude:-80.8222 Location description: The review area is located directly south of the intersection of West W.T. Harris Boulevard and Davis Lake Parkway. PINs: 04306202, 04323294, 04324101, and 04306209. Reference review area description shown in Pre - Construction Notification entitled "Figure 1, Vicinity Mad' and Dated 09/24/2020. Description of projects area and activity: This verification authorizes the permanent stream impacts of 240 linear feet along with temnorary stream and wetlands imnacts of 40 linear feet and 0.002 acres, resnectively, to facilitate the construction of a residential development. These impacts are associated with only Phase 1 of the multi -phase residential development. All future impacts associated with additional phases of the residential development will be considered cumulative with Phase 1 permitted imnacts. All temnorary stream and wetland imnacts will be restored to ore -existing conditions after the comnletion of construction. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 10/14/2020, and the enclosed plans Existing Conditions — All Phases, Sheets 1-10 dated 9/1/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. 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 Bryan Roden -Reynolds at 704-510-1440or brvan.roden-reynolds(&usace.army.mil. Digitally signed by RODEN RODEN REYNOLDS.BRYAN.KENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574 Corps Regulatory Official: Date: 2020.10.15115658-04'00' Date: 10/15/2020 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Group Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: Daniel.kuefler( )wetlands-epg.com ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality December 3, 2020 DWR# 20-1208 Mecklenburg County Mr. Dan Rossi Toll Brothers, Inc. 14529 Grand Palisades Parkway Charlotte, NC 28277 Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Griffith Lakes Phase I Project Dear Mr. Rossi: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated October 26, 2020, and received by the Division of Water Resources (the Division) on October 26, 2020, and subsequent information on November 20, 2020. These impacts are covered by the attached Water Quality General Certification Number 4139. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers (COE). In addition, these impacts are covered by the attached Isolated and Other Non-404 Jurisdictional Wetlands and Waters General Permit / Buffer Rules and the conditions listed below Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. The Division has determined that the proposed project will comply with the water quality requirements provide that you adhere to the conditions listed in the certification and the additional condition listed below. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) 2. Approved Impacts, no other impacts including incidental impacts are approved: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream (culvert) 40linear ft. 240linear ft. Wetland (BLHD) 0.02 acre 0 acre D Qi� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 N11H fH (:A�i(1!.INA � n.w O'tore'wml talQ"I 704.663.1699 3. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Stormwater Management: Please provide documentation showing that water quality from the development will not be impaired. A storm water management plan in lieu of such documentation is acceptable if approved by a delegated or state authority. 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 2H .1000 6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 7. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200 This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Mr. Alan Johnson in the Mooresville Regional Office at 704- 663-1699. Sincerely, CA DocuSigned by: .r44tW H P441ft for F161FB69A2D84A3... Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachment cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email Len Rinder, Wetlands & Environmental Planning Group, email DWR 401 & Buffer Permitting Branch file MRO, Land Quality ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Dan Rossi Toll Brothers, Inc 14529 Grand Palisades Parkway Charlotte, INC 28277 Project: Griffith Lakes- Phase 1 County: Mecklenburg 401 permit#: 2020-1208 404 permit#: 2019-01091 DMS ID#: MR-07621 Amount Paid: $268,228.80 Check Number: 01549290 NORTH CAROLINA Environmental Quality RECEIPT March 11, 2021 The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for the above -referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Mitigation Location Mitigation Type Credits Yadkin 03040105 Warm Stream 480 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR Tim Baumgartner Director cc: Todd Tugwell, USACE - Raleigh; Bryan Roden -Reynolds, USACE Daniel Kuefler, agent 4NoRTHCARO�ND_E Qom/ oepanmemafcnnronmenWO,ar\ /— North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 SAW-2019-01091 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01091 County: Mecklenburg U.S.G.S. Quad: NC-Derita GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Toll Brothers, Inc. Dan Rossi Address: 14529 Grand Palisades Parkway Charlotte, NC 28278 Telephone Number: 704-430-9392 E-mail: drossi(&tollbrothers.com Size (acres) 399 Nearest Town Charlotte Nearest Waterway Mallard Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.3273 Longitude:-80.8222 Location description: The review area is located directly south of the intersection of West W.T. Harris Boulevard and Davis Lake Parkway. PINS: 04306202, 04323294, 04324101, and 04306209. Reference review area description shown in Pre - Construction Notification entitled "Figure 1, Vicinity Mad' and updated 3/21/22. Description of projects area and activity: This verification authorizes the permanent impacts of 138 linear feet (0.01 acre nermanent loss of waters and 21 linear feet of embedded rinran) of stream and 0.231 acres of wetland, along with temnora wetlands impacts of 0.02 acres, to facilitate the construction of an access road/amenity center of the residential development. These impacts are associated with only Phase 2a of the multi -phase residential development. All future impacts associated with additional phases of the residential development will be considered cumulative with Phase 1 and 2a permitted impacts. All temporary wetland impacts will be restored to pre-existing conditions after the completion of construction. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 14. Linear Transportation Project SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 5/13/2022, and the enclosed plans Existing Conditions — All Phases, Sheets 1-11 dated 3/6/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. 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. SAW-2019-01091 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Kichefski at 828-271-7980or steven.l.kichefski(&usace.armv.mil. Corps Regulatory Official: Date: 9/9/2022 Expiration Date of Verification: 3/14/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished (via email): Doug Perez (NCDWR) Agent: Wetlands and Environmental Planning Group Attn: Daniel Kuefler Address: 10612-D Providence Road, PMB 550, Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: Daniel.kuefler(&wetlands-epg.com SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. b. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are greater than 0.02 acre of jurisdictional stream bed and/or 0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 0.05 acre of jurisdictional stream bed, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this project/activity. I' w_�✓_i, HARA4 BLv0. $k moEcreouxvvev FVNRE OPVELOPMENfoerloot R� I HY OTHERS ' sswaotsatosow ... �ciovmemam, nrtup/ ' 1a15rz mvrvrEx vwxmotw, cry ��i 1fnxExnrlxu xvnc,l \`/ / WP' i at,ex�oaa� �wee�stx �e�„�, Z W .17yo a 3W 0' 3W 6W 12W SCALE: 1 " = 6W a SAW-2019-01091 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply)- 0 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 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 Culvert Bottomland Hardwood Forest Yes Corps 0.2 W2 T Construction Access Bottomland Hardwood Forest Yes Corps 0.02 W3 P Rip Rap Bottomland Hardwood Forest Yes Corps 0.027 W4 P Fill Bottomland Hardwood Forest Yes Corps 0.004 W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.251 2h. Comments: W1&2&3: Wetland G for roadway, grading, stabilization W4: Wetland O for roadway grading 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. 3 b. 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 L INT Corps 4 117 S2 T Stabilization Stream L INT Corps 4 21 83 Choose one S4 Choose one 85 Choose one S6 Choose one 3h. Total stream and tributary impacts 138 3i. Comments: S1- 0.01 AC S2- 0.004 AC. Riprap will be placed at pre-existing elevations as a permanent no -loss impact. Page 4 of 10 PCN Form — Version 1.4 January 2009 ROY COOPER Governor ELIZABETH S. BISERkz.v") Secretary RMCHARD E. ROGERS, A. NORTH CAROLINA Director Environmental Quality June 28, 2022 DWR # 20-1208 V2 Mecklenburg County Toll Brothers Inc Attn: Dan Rossi 14529 Grand Palisades Parkway Charlotte, NC 28278 sent via email to: drossi(a)tollbrothers.com Subject: Approval of Individual 401 Water Quality Certification Griffith Lakes Phase 2a Dear Mr. Rossi: Attached hereto is a copy of Certification No. WQC004976 issued to Dan Rossi and Toll Brothers Inc, dated June 28, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. North Carolina Department of Environmental Quality I Division of Water Resources D,EQ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NpR'H CaRE-.ih:A o.�mmemareFm��—uio�ei� /'� 919.707.9000 Toll Brothers Inc DWR# 20201208 V2 Individual Certification #WQC004976 Page 2 of 13 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you have any questions or concerns. D � ��� North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CRROLINA oepwtmat*rEamm—dWowlft / S 919.707.9000 Toll Brothers Inc DWR# 20201208 V2 Electronic cc: Individual Certification #WQC004976 Page 3 of 13 Sincerely, EDocuSigned by: �y..� H Nu" for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Daniel Kuefler, Wetlands & EPG, daniel.kuefler@wetlands-epg.com Bryan Roden -Reynolds, USACE Regulatory Field Office, bryan.k.rodenreynolds@usace.army.mil Todd Bowers, EPA, Bowers.todd@Epa.gov Ron Eubanks, Mecklenburg County, perry.eubanks@mecklenburgcountync.gov DWR 401 & Buffer Permitting Branch Electronic file ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA o�mm dcffEWmnm U1nual` /'�f 919.707.9000 Toll Brothers Inc DWR# 20201208 V2 Individual Certification #WQC004976 Page 4 of 13 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004976 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Dan Rossi and Toll Brothers Inc, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on May 19, 2022, and by Public Notice issued by the U. S. Army Corps of Engineers on May 24, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream - Intermittent Culvert 117 (linear feet) 21 (linear feet) 404/401 Wetlands - BHF Culvert/Fill 0.231 (acres) 0.02 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory River and Sub -basin Mitigation Required Number Wetlands Yadkin (03040105) 0.231 (acres) 1:1 ratio Stormwater Management: The applicant may provide documentation that the project will not impair water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater management plan. Any high density project and/or project that exceeds density thresholds must provide a stormwater management plan for the entire project, for review and approval including all forms and pertinent items that complies with the high density development requirements. Low density development shall meet all condition for stormwater D � ��� North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CRROLINA oepwtmat*rEamm—dWowlft / S 919.707.9000 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Dan Rossi Toll Brothers, Inc 14529 Grand Palisades Parkway Charlotte, NC 28277 Project: Griffith Lakes Phase 2a County: Mecklenburg 401 permit#: 2020-1208 404 permit#: 2019-01091 DMS ID#: MR-08102 Amount Paid: $183,965.98 Check Number: 00340122 d� SU7F a pa . NORTH CAROLINA Environmental Quality RECEIPT August 21, 2023 The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for the above -referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Mitigation Location Mitigation Type Credits Yadkin 03040105 Warm Stream 234 Yadkin 03040105 Riparian Wetland 0.462 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Kelly Williams ILF Program Coordinator cc: Todd Tugwell, USACE - Raleigh Sheri Montalvo, NCDWR Amber Lipsky, agent Q.,North Carolina Department of Environmental Quality I Divislon of Mitigation Services �}1Jj 217 West Jones Street 1 1652 Mali Service Center I Ratelgh. North Carolina 27699-1652 /� 919.707.8976 Compensatory Mitigation Responsibility Transfer Form Permittee: Toll Brothers, Inc., Dan Rossi Project Name: Griffith Lakes Action ID: SAW-2019-01091 County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 117 1 0.231 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 234 0.462 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: NCDMS Name of Sponsor's Authorized Representative: Kelly Williams 1-4-11�d"ncy Signature of Sponsor's Authorized Representative 21 August 2023 Date of Signature