20201289 Ver 2_Rice Road e-PCN Attachments_20230927

Jennifer Robertson
From: [e-mail]
Sent: Sunday, October 25, 2020 12:00 AM
To: Jennifer Robertson
Cc: [e-mail]
Subject: Pre -Filing Meeting is not needed for Rice Road Subdivision - 20201289 Ver 1
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Rice Road
Subdivision that you submitted on 9/24/2020 2:57 PM. The ID number for that project is 20201289, Version 1.
It has been decided that no meeting is needed for this project.
Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1299732
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.

Preliminary ORM Data Entry Fields for New Actions
SAW-2019-1502 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Rice Road Subdivision
2. Work Type: Private Wl Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
Residential development, the purpose is to develop more single family housing opportunities to
meet the increasing need in the Charlotte area.
4. Property Owner / Applicant [PCN Form A3 or A41: Kinger Homes, LLC / Mr. Dhanesh Kumar
5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental / Jennifer Robertson
6. Related Action ID Number(s) [PCN Form BSb]: SAW-2019-1502; DWR: 2020-1289 Ver 1 and Ver 2
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.14261 N-80.70686 W, 2401 Rice Road Matthews, NC 28105
8. Project Location - Tax Parcel ID [PCN Form 131a]: 19353205
9. Project Location — County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Matthews
11. Project Information — Nearest Waterbody [PCN Form 132a]: Irvins Creek, Class C
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Lower Catawba, 03050103
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 29 version #3
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
R
Pre-Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20180124

A
` � ' �i1► /
,�J.� -.
US Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Krysta Stygar
8430 University Executive Park Dr, Suite 611
Charlotte, North Carolina 28262
September 19, 2023
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Stephanie Goss
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Rice Road Subdivision- +/- 13.59 Acres
2401 Rice Road Matthews, NC 28105
Nationwide Permit 29 Request
Corps Action I D: SAW-2019-01502 / NC DWR Project #: 2020-1289 Ver 1 and Ver 2
Krysta/Stephanie:
The applicant, Mr. Dhanesh Kumar with Kinger Homes, LLC, is requesting approval of the
enclosed Nationwide Permit 29 revision for the Rice Road subdivision. This is the second
revision (Version 3) for the Rice Road subdivision. The project's purpose is to construct a thirty-
one lot subdivision in Matthews, NC. The project will provide much needed housing for
residents of Matthews.
The site plan has been modified once to meet the requirements proposed by the Town of
Matthews. This new revision of the site plan is due to changes to construction techniques and
costs for the headwall design plan. The headwalls are needed to decrease additional impacts
to the stream. The site plan will still consist of the embedded rip rap apron at the inlets of the
culverts. The road crossing location was chosen due to the presence of an underground reach
of stream that the Corps concurred was not a potential Waters of the US. This revision will have
additional impacts of 0.009 acres of wetland impact near the riprap dissipator pad.
- Summary of Corps impacts previously approved: 32.5 linear feet for culvert installation
and 30 linear feet for riprap dissipator pad
- Summary of Corps revised impacts #1: 57 linear feet for culvert installation and 60 linear
feet for riprap dissipator pad
- Summary of Corps revised impacts #2: 111 linear feet for culvert installation (stream);
0.009 acres for wetland fill, 60 linear feet for riprap dissipator pad, and 20 linear feet for
temporary impacts to pump around the work area
- Summary of DWR impacts previously approved: 33 linear feet of permanent impact and
30 linear feet of temporary impact
- Summary of DWR revised impacts #1: 57 linear feet of permanent impact and 60 linear
feet of temporary impact
- Summary of DWR revised impacts #2: 110 linear feet for culvert installation (stream);
0.009 acres for wetland and 60 linear feet for riprap dissipator pad
No mitigation is necessary since impacts are under the mitigation threshold of 0.02 acres for
streams and 0.10 acres for wetland. Previously mitigation was required because of the HUC 08
location, Catawba 03050103. DMS receipts of the previously paid mitigation credits are
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

/ W
RONMENTAL
attached. A refund can be provided to Kinger Homes, LLC if the USACE can provide a written
statement that mitigation is no longer required. An email to Kelly Williams at NC DMS is an
acceptable form of writing. Also attached are the correspondence letters with Fish and Wildlife
Service and the NC State Historic Preservation Office. The previously signed NWP 29's, WQC
401's, and Jurisdictional Determination of this project are also included.
Enclosed are the necessary permit application revision documents and additional information.
Thank you for your attention to the enclosed request. Please contact me if you need any
additional information.
Best regards,
Allyson Sinclair, Environmental Specialist
asinclair@atlasenvi.c1 m
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Mrs. Karen Higgins, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name:
Rice Road Subdivision
Property Owner of Record:
Kinger Homes, LLC
Contact Name:
Dhanesh Kumar
Address:
2401 Rice Road
Address:
Matthews, NC 28105
Phone/Fax Number:
631-662-9068
Email Address:
[e-mail]
Project Address:
2401 Rice Road
Project Address:
Matthews, NC 28105
Tax PIN:
10353205
Signature:
Date:
September 15, 2020
TLASEnvironmental Inc.
338 S. Sharon Annik, Road, #,I l I
Charlotte, North Carolina 28211
7(4-512-1206 (o) ,828-712-9205 ern)
[e-mail]
WWVV.atlasenvi. om

%- / N...\ �1
! [- WETLANDS
730
720
710
700
690
680
I ISTREAM CENTERLINE
S2: 30 linear feet
Stream Impact; Temporary
Embedded Rip Rap
CH 100
PROPOSED RETAINING
WALL. DESIGN BY OTHERS
x\\\ '14�1 /
S1: 10 linear feet
Stream Impact; Temporary
Pump Around
CH 100
Px�C Ox d5
S& 10linear feet
Stream Impact; Temporary
Pump Around
CH 100
PROPOSED RETAINING
WALL. DESIGN BY OTHERS /
u
Stream Impact; Permanent
Culvert
CH 00
-2
STREAM CENTERLINE
SL-1 - 0+21.87
S4: 31 linear feet (0.004 AC)
Stream Impact; Permanent
Culvert
CH 100
\A\
W1: 0.009 acre
Wetland Impact; Permanent
Grading Fill
.�" WL1200
,a
S5: 30 linear feet
/ I Stream Impact; Temporary
Embedded Rip Rap
CH 100
HEADWALL 2
Ef�il__
SL-2 - 0+01.66
10
-10
710
710
700
700
— —
PIPE INVERT=696.82
690
EXISTING GRADE =698.40
690
68010 10680
HEADWALL 1
SL-3 - 1+19.03
10 0 -10
710
710
700
700
690
PIPE INVERT =692.00
690
EXISTING GRADE = 693.00
68010
680
10
HEADWALL 2
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4697
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730
720
710
700
690
680
N RICE ROAD SUBDIVISION SALE: REVISIONS
1"=40'
EX01 STREAM IMPACT DATE: 09,18,203 STREAM IMPACT REVISION
W E 03/19/2020
0 20 40 80
S
PRoJ. #:
NORTH ARROW GRAPHIC SCALE 1 "=40 FT. 218068

rn"'
�\ 1 WETLANDS
50' RIGHT OF WAY LINE
IIMPACTS
1 �
-a
403 SF (0.009AC) TOTAL WETLAND DIST.
0.014 AC CREEK DISTURBANCE
STREAM CENTERLINE �0,
TOP WALL - 705.27
BTM WALL - 705.27
301F EMBEDDED RIPRAP \
d50 = 12"
TOP WALL - 696.99
BTM WALL - 696.99 >
PROPOSED RETAINING
WALL. DESIGN BY OTHERS
� MAM
0000,101
f1p:
0 LlJ< 'p-l-
CREEK ENTERSSUBGRADE THIS AREA
TOP WALL - 705.00
o
BTM WALL - 696.26
Q sAV
30.8 LF (0.004AC)
ROW 301F EMBEDDED RIPRAPol STREAM IMPACT
/ d d50 = 12" 403 SOFT
(0.009AC)
WETLANDS
PROPOSED RETAINING IMPACT
WALL. DESIGN BY OTHERS `
TOP 706.09 1
�Np BTM 698.98 I STREAM CENTERLINE
TOP 699.20
BTM 699.20 Epp
CAR
�SE f o —
\ _ 4697
r\ -R, ao9/l8/2o23a
PAD EL.=709
CA
N RICE ROAD SUBDIVISION 1" =40� REVISIONS
EX-02 GRADING EXHIBIT DATE: 0918'2=STRE�IMPACTREVISI°N
W e 03/19/2020
0 20 40 80
s
PROJ. #:
NORTH ARROW GRAPHIC SCALE 1 "=40 FT. 218068

2'
SW EA
1
J1
3
50' R/W (MINIMUM)
4'-0 4
--1 2'-0" 2'-(
RESIDENTIAL STREET
1 1/2" SF9.5A ASPHALT (FINAL CONSTRUCTION)
TACK COAT (PUCE 1 1/2" S9.58 ASPHALT (INITIAL CONSTRUCTON)
JUST PRIOR TO FINAL
1 1/2" SURFACE COURSE)
W COMPACTED AGGREGATE
BASE COURSE
_—COMPACTED SUBGRADE
TYPICAL PAVEMENT SECTION
NOTES:
1. THE CROWN (TRANSVERSE SLOPE) FOR TYPICAL
SECTION ON THIS SHEET IS 3/8" PER FOOT.
2. ELEVATION OF SIDEWALK SHALL BE NO LESS THAN
6" OR MORE THAN 1B" ABOVE THE ROADWAY CROWN.
SW
1
PAVEMENT SCHEDULE
© 3" BITUMINOUS CONCRETE SURFACE COURSE,
TYPE S9.5B AND SF9.5A (SEE LEFT)
QE 8" COMPACTED AGGREGATE BASE COURSE
2'-0" VALLEY GUTTER
!� 4" CONCRETE SIDEWALK
PAVEMENT NOTES,
1. SUBGRADE MUST BE TESTED BY AN INDEPENDENT
TESTING LAB, AND HAVE A DENSITY OF 100% IN
ACCORDANCE WITH AASHTO-T99; BASE COURSE MUST
HAVE A DENSITY OF 90% FOR B.C.B.C. AND 100% FOR
A.B.C. IN ACCORDANCE WITH AASHTO-T1BO
SURFACE COURSE SHALL BE COMPACTED TO A DENSITY
OF 95%. ALL TESTS TO BE CONDUCTED BY AN
INDEPENDENT TESTING FIRM AT THE DEVELOPERS
EXPENSE, AND THE RESULTS SENT TO MECKLENBURG
COUNTY ENGINEERING DEPARTMENT AND TO THE
STREET MAINTENANCE DEPARTMENT FOR THE TOWN.
(FOR ADDITIONAL TESTING AND REPAIR STANDARDS PLEASE
REFER TO MECKLENBURG COUNTY LAND DEVELOPMENT
STANDARDS SPECIFICATIONS AND SPECIAL PROVISION NOTES)
2. FINAL LIFT OF ASPHALT TO BE APPLIED AFTER % OF
DEVELOPMENT OCCUPANCY OR 1 YEAR AFTER BASE
COURSE ACCEPTANCE (WHICHEVER OCCURS FIRST).
APPROVED DATE 02/2007
MATTHEWS TYPICAL SECTION
LOCAL RESIDENTIAL STREET
COMPREHENSIVE STREET CLASSIFICATION SYSTEM (CLASS VI) 1 11.51 2
CONCRETE
PIPE
DIMENSIONS
WALL
THK.
OUT
DO,
IN
DIA.
MIN.
H
A
B
C
E
F
G
W
K
M
2 1 4119
1 2'
15"
271/2
20'
24'
B"
7 1 2"
4'
4'
W
17
10"
2 1 2
23
18
31
20
24
B
9
4
4
B
17
12"
3'
W.
24"
33"
20"
30"
B"
12"
4"
4"
W
21
15"
3 1 2
37"
30"
45
20
44
12
15
B
B
8
31
18
4
44
36
52'
32"
44'
12
18"
6'
8'
8
31
2Y
4 1 2
51
42
59
32
48
21
8
8
34
26
5
56
48
66
32
48
24
6"
8
8
34
29
5 1 2
65"
54"
73'
32'
54
12
27'
6
72
60
BO
36
66
12
30
8
12
12
46
38
6 1 2
79
88
88"
40
7'
86"
72"
94"
36"
73"
12
36'
12
12
56
43"
REINFORCING
"C" BAR "D" BAR
fLOT.NO LGT.
2'-0" 4 2-3" 4 2'-2" 2'-9" 4 2'-W
3'-3" 4 3'-2"
3'-9" 4 3'-W
4'-3"4 4 -2
4'-8" 4 4'-8"
5'-3" 4 5'-2"
5'-8' 4 5'-88'-3" 4 6'-2'
72' 4 W-9' 4 8'-8"
TOP VIEW
1T 12" ON CENTER
N CENTER
CONCRETE WINGWALL WITH SPLASH PAD
20.17
RICE ROAD SUBDIVISION
EX-03 ROAD CROSS SECTION
0 0 0 0
GRAPHIC SCALE 1 "=0 FT.
ENGINEER'S SEAL
SCALE:
DATE:
03/19/2020
PROJ. #
218068
REVISIONS
109/18/2023 STREAM IMPACT REVISION I

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01502 County: Mecklenburg U.S.G.S. Quad: NC -Mint Hill
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Kinser Homes, LLC
Dhanesh Kumar
Address: 2401 Rice Road
Matthews, NC 28105
Telephone Number: 631-662-9068
E-mail: dhanesh(&kingerhomes.com
Size (acres) 13.59 Nearest Town Matthews
Nearest Waterway Irvins Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.14261
Longitude:-80.70686
Location description: The review area is located on the north side of Rice Road; approximately 0.4 miles east of the intersection
of Rice Road and Sam Newell Road. PIN: 19353205. Reference review area description shown in Pre -Construction
Notification entitled "Aquatic Resource Sketch Mad' and dated 09/18/20.
Description of projects area and activity: This verification authorizes the permanent stream impacts of 62.5 (32.5 linear feet for
culvert installation and 30 linear feet for rinran dissinator nads) to facilitate the construction of a residential develonment.
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 1/8/2021, and the enclosed plans Overall Grading Plan and Sheets EX01-EX03
dated 3/19/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden -Reynolds at 704-510-1440or brvan.roden-reynolds(a)usace.army.mil.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2021.01.25 10:27:04 -05'00' Date: 1/25/2021
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: Atlas Environmental, Inc.
Jennifer Robertson
Address: 338 S. Sharon Amity Road, Suite 411
Charlotte, NC 28211
Telephone Number: 704-512-1206
E-mail: irobertsonAatlasenvi.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 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Action ID Number: SAW-2019-01502 County: Mecklenburg
Permittee: Kinser Homes, LLC, Dhanesh Kumar
Project Name: Rice Road Subdivision
Date Verification Issued: 1/25/2021
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
bryan.roden-reynolds@us ace. army. mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

SAW-2019-01502
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Kinger Homes, LLC, Dhanesh Kumar
1.2 Activity location: Latitude- 35.14261 Longitude:-80.70686 Location description: The review
area is located on the north side of Rice Road; approximately 0.4 miles east of the
intersection of Rice Road and Sam Newell Road. PIN: 19353205. Reference review area
description shown in Pre -Construction Notification entitled "Aquatic Resource Sketch
Map" and dated 09/18/20.
1.3 Description of activity requiring verification -This verification would authorize the permanent
stream impacts of 62.5 (32.5 linear feet for culvert installation and 30 linear feet for
riprap dissipator pads) to facilitate the construction of a residential development.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 1/14/2021
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 10/8/2020.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.

SAW-2019-01502
2.2 Site specific factors: The review area consists of a single-family residence with a
driveway and maintained yard, some mature forested areas, one stream, and six
wetlands. The surrounding land use is primarily residential developments.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site -The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
Yes.
Provide rationale: Compensatory mitigation is required to ensure minimal adverse
environmental effects. The project area is located within the Lower Catawba watershed
(HUC 03050103) which is highly urban. This area has a long history of intensive land
uses which has resulted in long term degradation to aquatic resources. The watershed
has rapidly converted to developed area and impervious surfaces since the 1970's due
to the rapid expansion of the Charlotte metropolitan area. The National Land Cover
Dataset estimated that 7.697% of the watershed (HUC 03050103) consisted of
impervious surfaces in 2011. This is expected to be 8.5-9% today based on the pace of
development in this watershed since 2011. Scientific literature cited by the USEPA
Office of Water Recovery in their 09/01/2011 dated Recovery Potential Metrics Summary
Form for watershed percent impervious cover suggests that these levels of impervious
surfaces cause substantial physical, chemical, and biological harm to the aquatic
environment. Additionally, there are currently no private mitigation banks or in -lieu fee
sites with credits available to offset losses of aquatic function from private development
in this watershed. Given the quality of the waters to be impacted, the scarcity of similar
resources in this watershed, and the largely urban nature of the watershed, the waters
within the project area provide important aquatic resource functions to downstream
waters that are difficult to replace. The loss of these functions in this setting and in the
proposed quantities necessitates compensatory mitigation to ensure that cumulative
impacts to onsite and downstream aquatic resources are individually and cumulatively
minimal.
2.4.3 Type and location of compensatory mitigation

SAW-2019-01502
Is the impact in the service area of an approved mitigation bank? Yes.
If yes, does the mitigation bank have appropriate number and resource type of credits
available? No.
Is the impact in the service area of an approved in -lieu fee program? Yes.
,r yes, does the in -lieu fee program have the appropriate number and resource type of credits
available? Yes.
Selected compensatory mitigation type/location(s): See Table
Table 1: Mitigation Type and Location
Mitigation bank credits
In -lieu fee program credits
Perm ittee-res onsible mitigation under a watershed approach
Perm ittee-res onsible mitigation, on -site and in -kind
Perm ittee-res onsible mitigation, off -site and/or out of kind
Does the selected compensatory mitigation option deviate from the order of the options
presented in §332.3(b)(2)-(6)? N/A.
If yes, provide the rationale for the deviation, including the likelihood for ecological success
and sustainability, location of the compensation site relative to the impact site and their
significance within the watershed, and/or the costs of the compensatory mitigation project (see
33 CFR §332.3(a)(1)):
2.4.4 Amount of compensatory mitigation: 130 linear feet of stream credits
Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is required because the mitigation site is located in a different watershed/8
digit HUC than the impacted aquatic resources. The PCN lacked any quality rating for
the impacted stream such as North Carolina Stream Assessment Methodology. Without
this knowledge of the current quality of the impacted stream, the Corps assumes the
stream is high quality and determines the compensatory mitigation ratio accordingly
(i.e., 2:1). The impacts are located in the Expanded Service Area which would
necessitate the need to double the compensatory mitigation ratio due to the lack of
available credits in the watershed. Therefore, the compensatory mitigation ratio for the
130 linear feet of stream impacts is 4:1.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.

SAW-2019-01502
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled
its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Mecklenburg County:
NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened
NAME: Carolina Heelsplitter (Lasmigona decorata) STATUS: Endangered
NAME: Rusty -patched bumble bee (Bombus affinis) STATUS: Endangered
NAME: Michaux's sumac (Rhus michauxii) STATUS: Endangered
NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered
NAME: Smooth coneflower (Echinacea laevigata) STATUS: Endangered
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program's NHEO
data, there are no protected species located within or in the vicinity of the action area.
The Corps has determined the proposed activity will not directly or indirectly affect any
species subject to the ESA.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on January 14, 2021, informing them about this
project.
Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.
Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No.

SAW-2019-01502
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information needed?
No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no
known historic properties located in the permit area or in close proximity to the permit
area. In a letter dated November 10, 2020, the NCSHPO stated "We have conducted a
review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed."
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified.
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.

SAW-2019-01502
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? Yes.
4.2 Required special condition(s)
Special condition:
a. 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 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of
wetland. Additionally, cumulative impacts that result in the loss or degradation of greater
than 300 linear feet of perennial or intermittent stream channel and/or 0.5 acre of wetland,
will be processed under an Individual Permit. This verification of the use of the Nationwide
Permit Program for this project does not imply that this office will necessarily approve any
future proposal to impact waters of the U.S. on this property and/or associated with this
project/activity.
Rationale -See Section 2.4.2.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.

SAW-2019-01502
5.2 The activity, with the required mitigation, will result in no more than minimal individual and
cumulative adverse effects on the aquatic environment and will not be contrary to the public
interest, provided the permittee complies with the special conditions identified above.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KEN REYNOLDS.BRYAN.KENNETH.126
3385574
NETHA263385574 Date: 2021.01.2510:26:29-05'00' Date: 1/25/2021
Bryan Roden -Reynolds

Compensatory Mitigation Responsibility Transfer Form
Permittee: Kinger Homes, LLC, Dhanesh Kumar Action ID: SAW-2019-01502
Project Name: Rice Road Subdivision 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: 03050103, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
32.5
*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: 03050103 Expanded Service Area
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
130
Mitigation Site Debited:
(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:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 1/4/2021 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC 27587 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Bryan Roden -Reynolds
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: [e-mail]
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH. REYNOLDS.BRYAN.KENNETH.12633855
74
1263385574 Date: 2021.01.25 10:26:09-05'00' 1/25/2021
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

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EX02 218068

-0 -
2'-0'
SW EASEMENT
5
1 /4' /FT.
3
50' R/W (MINIMUM)
(MIN.) 25' (MIN.
14'-0"14'-0"
1� 12'-0" 12--0" ►1
RESIDENTIAL STREET
1 1/2" SF9.5A ASPHALT (FINAL CONSTRUCTION)
TACK COAT (PLACE 1 1/2" S9.58 ASPHALT (INITIAL CONSTRUCTION)
JUST PRIOR TO FINAL
1 1/2" SURFACE COURSE)
8" COMPACTED AGGREGATE
BASE COURSE
_� COMPACTED SUBGRADE
II oll Tip II III '
TYPICAL PAVEMENT SECTION
NOTES:
REVISIONS 1.
THE CROWN (TRANSVERSE SLOPE) FOR TYPICAL
DESCRIPTION
SECTION ON THIS SHEET IS 3/8" PER FOOT.
CHANGED STD. NO.
REVISED PAVEMENT SECT. & PAVEMENT 2
ELEVATION OF SIDEWALK SHALL BE NO LESS THAN
NOTES 1 AND 2
6" OR MORE THAN 18" ABOVE THE ROADWAY CROWN.
SW
1 /4'/FT. J 1
3
PAVEMENT SCHEDULE
QC 3" BITUMINOUS CONCRETE SURFACE COURSE,
TYPE S9.513 AND SF9.5A (SEE LEFT)
Q 8" COMPACTED AGGREGATE BASE COURSE
® 2'-0" VALLEY GUTTER
SQ 4" CONCRETE SIDEWALK
PAVEMENT NOTES:
1. SUBGRADE MUST BE TESTED BY AN INDEPENDENT
TESTING LAB, AND HAVE A DENSITY OF 100% IN
ACCORDANCE WITH AASHTO-T99; BASE COURSE MUST
HAVE A DENSITY OF 90% FOR B.C.B.C. AND 100% FOR
A.B.C. IN ACCORDANCE WITH AASHTO-T18O
SURFACE COURSE SHALL BE COMPACTED TO A DENSITY
OF 95%. ALL TESTS TO BE CONDUCTED BY AN
INDEPENDENT TESTING FIRM AT THE DEVELOPERS
EXPENSE, AND THE RESULTS SENT TO MECKLENBURG
COUNTY ENGINEERING DEPARTMENT AND TO THE
STREET MAINTENANCE DEPARTMENT FOR THE TOWN.
(FOR ADDITIONAL TESTING AND REPAIR STANDARDS PLEASE
REFER TO MECKLENBURG COUNTY LAND DEVELOPMENT
STANDARDS SPECIFICATIONS AND SPECIAL PROVISION NOTES)
2. FINAL LIFT OF ASPHALT TO BE APPLIED AFTER % OF
DEVELOPMENT OCCUPANCY OR 1 YEAR AFTER BASE
COURSE ACCEPTANCE (WHICHEVER OCCURS FIRST).
APPROVED DATE 02/2007
MECKLENBURG COUNTY MATTHEWS TYPICAL SECTION
LAND DEVELOPMENT LOCAL RESIDENTIAL STREET
STD. NO. REV.
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LAND DEVELOPMENT CONCRETE WINGWALL WITH SPLASH PAD STD. ND. REV.
STANDARDS 120.17A
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Landscape Architecture I Civil Engineering I Surveying
8712 Lindholm Drive, Suite 202A, Huntersville NC 28078
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PERMIT MODIFICATION --- 02-08-2021
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01502 County: Mecklenburg U.S.G.S. Quad: NC -Mint Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Kinser Homes, LLC
Dhanesh Kumar
Address:
2401 Rice Road
Matthews, NC 28105
Telephone Number:
631-662-9068
E-mail:
dhanesh(a,kingerhomes.com
Size (acres) 13.59 Nearest Town Matthews
Nearest Waterway Irvins Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.14261
Longitude:-80.70686
Location description: The review area is located on the north side of Rice Road; approximately 0.4 miles east of the intersection
of Rice Road and Sam Newell Road. PIN: 19353205. Reference review area description shown in Pre -Construction
Notification entitled "Aquatic Resource Sketch Mad' and dated 09/18/20.
Description of projects area and activity: This verification authorizes the permanent stream impacts of 62.5 (32.5 linear feet for
culvert installation and 30 linear feet for riprap dissipator pads) to facilitate the construction of a residential development.
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 1/8/2021, and the enclosed plans Overall Grading Plan and Sheets EX01-EX03
dated 3/19/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden -Reynolds at 704-510-1440or brvan.roden-reynoldsOusace.army.md.

PERMIT MODIFICATION --- 02-08-2021
Corps Regulatory Official:
Expiration Date of Verification: 03/18/2022
Bryan Roden -Reynolds
2021.02.08 09:23:45-05'00'
Date: 2/8/2021
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: Atlas Environmental, Inc.
Jennifer Robertson
Address: 338 S. Sharon Amity Road, Suite 411
Charlotte, NC 28211
Telephone Number: 704-512-1206
E-mail: irobertson(&atlasenvi.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 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Action ID Number: SAW-2019-01502 County: Mecklenburg
Permittee: Kinser Homes, LLC, Dhanesh Kumar
Project Name: Rice Road Subdivision
Date Verification Issued: 2/8/2021
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
bryan.roden-reynolds@us ace. army. mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

SAW-2019-01502
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Kinger Homes, LLC, Dhanesh Kumar
1.2 Activity location: Latitude- 35.14261 Longitude:-80.70686 Location description: The review
area is located on the north side of Rice Road; approximately 0.4 miles east of the
intersection of Rice Road and Sam Newell Road. PIN: 19353205. Reference review area
description shown in Pre -Construction Notification entitled "Aquatic Resource Sketch
Map" and dated 09/18/20.
1.3 Description of activity requiring verification -This verification would authorize the permanent
stream impacts of 62.5 (32.5 linear feet for culvert installation and 30 linear feet for
riprap dissipator pads) to facilitate the construction of a residential development.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 1/14/2021
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 10/8/2020.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.

SAW-2019-01502
2.2 Site specific factors: The review area consists of a single-family residence with a
driveway and maintained yard, some mature forested areas, one stream, and six
wetlands. The surrounding land use is primarily residential developments.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site -The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
Yes.
Provide rationale: Compensatory mitigation is required to ensure minimal adverse
environmental effects. The project area is located within the Lower Catawba watershed
(HUC 03050103) which is highly urban. This area has a long history of intensive land
uses which has resulted in long term degradation to aquatic resources. The watershed
has rapidly converted to developed area and impervious surfaces since the 1970's due
to the rapid expansion of the Charlotte metropolitan area. The National Land Cover
Dataset estimated that 7.697% of the watershed (HUC 03050103) consisted of
impervious surfaces in 2011. This is expected to be 8.5-9% today based on the pace of
development in this watershed since 2011. Scientific literature cited by the USEPA
Office of Water Recovery in their 09/01/2011 dated Recovery Potential Metrics Summary
Form for watershed percent impervious cover suggests that these levels of impervious
surfaces cause substantial physical, chemical, and biological harm to the aquatic
environment. Additionally, there are currently no private mitigation banks or in -lieu fee
sites with credits available to offset losses of aquatic function from private development
in this watershed. Given the quality of the waters to be impacted, the scarcity of similar
resources in this watershed, and the largely urban nature of the watershed, the waters
within the project area provide important aquatic resource functions to downstream
waters that are difficult to replace. The loss of these functions in this setting and in the
proposed quantities necessitates compensatory mitigation to ensure that cumulative
impacts to onsite and downstream aquatic resources are individually and cumulatively
minimal.
2.4.3 Type and location of compensatory mitigation

SAW-2019-01502
Is the impact in the service area of an approved mitigation bank? Yes.
If yes, does the mitigation bank have appropriate number and resource type of credits
available? No.
Is the impact in the service area of an approved in -lieu fee program? Yes.
,r yes, does the in -lieu fee program have the appropriate number and resource type of credits
available? Yes.
Selected compensatory mitigation type/location(s): See Table
Table 1: Mitigation Type and Location
Mitigation bank credits
In -lieu fee program credits
Perm ittee-res onsible mitigation under a watershed approach
Perm ittee-res onsible mitigation, on -site and in -kind
Perm ittee-res onsible mitigation, off -site and/or out of kind
Does the selected compensatory mitigation option deviate from the order of the options
presented in §332.3(b)(2)-(6)? N/A.
If yes, provide the rationale for the deviation, including the likelihood for ecological success
and sustainability, location of the compensation site relative to the impact site and their
significance within the watershed, and/or the costs of the compensatory mitigation project (see
33 CFR §332.3(a)(1)):
2.4.4 Amount of compensatory mitigation: 98 linear feet of stream credits
Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is required because the mitigation site is located in a different watershed/8
digit HUC than the impacted aquatic resources. The PCN provided methodology (North
Carolina Stream Assessment Methodology) to determine the current quality of the
impacted stream. The impacted stream was rated as a low quality aquatic feature and
the Corps determined the compensatory mitigation ration (1.5:1) based on that quality
rating. The impacts are located in the Expanded Service Area which would necessitate
the need to double the compensatory mitigation ratio due to the lack of available credits
in the watershed. Therefore, the compensatory mitigation ratio for the 130 linear feet of
stream impacts is 3:1.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.

SAW-2019-01502
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled
its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Mecklenburg County:
NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened
NAME: Carolina Heelsplitter (Lasmigona decorata) STATUS: Endangered
NAME: Rusty -patched bumble bee (Bombus affinis) STATUS: Endangered
NAME: Michaux's sumac (Rhus michauxii) STATUS: Endangered
NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered
NAME: Smooth coneflower (Echinacea laevigata) STATUS: Endangered
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program's NHEO
data, there are no protected species located within or in the vicinity of the action area.
The Corps has determined the proposed activity will not directly or indirectly affect any
species subject to the ESA.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on January 14, 2021, informing them about this
project.
Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.
Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No.

SAW-2019-01502
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information needed?
No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no
known historic properties located in the permit area or in close proximity to the permit
area. In a letter dated November 10, 2020, the NCSHPO stated "We have conducted a
review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed."
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified.
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.

SAW-2019-01502
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? Yes.
4.2 Required special condition(s)
Special condition:
a. 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 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of
wetland. Additionally, cumulative impacts that result in the loss or degradation of greater
than 300 linear feet of perennial or intermittent stream channel and/or 0.5 acre of wetland,
will be processed under an Individual Permit. This verification of the use of the Nationwide
Permit Program for this project does not imply that this office will necessarily approve any
future proposal to impact waters of the U.S. on this property and/or associated with this
project/activity.
Rationale -See Section 2.4.2.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.

SAW-2019-01502
5.2 The activity, with the required mitigation, will result in no more than minimal individual and
cumulative adverse effects on the aquatic environment and will not be contrary to the public
interest, provided the permittee complies with the special conditions identified above.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
Bryan Roden -Reynolds
2021.02.08 09:24:1 1-05'00'
Date: 2/8/2021
Bryan Roden -Reynolds

Compensatory Mitigation Responsibility Transfer Form
Permittee: Kinger Homes, LLC, Dhanesh Kumar Action ID: SAW-2019-01502
Project Name: Rice Road Subdivision 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: 03050103, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
32.5
*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: 03050103 Expanded Service Area
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
98
Mitigation Site Debited:
(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:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 1/4/2021 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC 27587 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Bryan Roden -Reynolds
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: [e-mail]
Bryan Roden -Reynolds
2021.02.08 09:24:32-05'00'
2/8/2021
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01502 County: Mecklenburg U.S.G.S. Quad: NC- QUAD
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Kinser Homes
Dhanesh Kumar
Address: 2401 Rice Road
Matthews, NC 28105
Telephone Number: 631-662-9068
E-mail: dhanesh( )kingerhomes.com
Size (acres) 13.59 Nearest Town Matthews
Nearest Waterway Irvins Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.14261
Longitude:-80.70686
Location description: The review area is located on the north side of Rice Road; approximately 0.4 miles east of the intersection
Rice Road and Sam Newell Road. PIN: 19353205. Reference review area description shown in Jurisdictional Determination
Request package entitled "Aquatic Resource Sketch Mad' and Dated 09/23/2020.
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 9/23/2020. 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-2019-01502
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&u sace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 10/8/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determmation 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 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
RODEN Digitally signed by RODEN
REYNOLDS-=N.KENN ETH.1263385574
Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date:2o2o.io.oa143ez9-oaoo
Date of JD: 10/8/2020 Expiration Date of JD: Not applicable

SAW-2019-01502
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: Atlas Environmental, Inc.
Jennifer Robertson
Address: 338 S. Sharon Amity Road, Suite 411
Charlotte, NC 28211
Telephone Number: 704-512-1206
E-mail: irobertson(&atlasenvi.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Kin er Homes, Dhanesh Kumar File Number: SAW-2019-01502
Date: 10/8/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportum to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/30/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kinger Homes, Dhanesh Kumar, 2401 Rice
Road, Matthews, NC 28105
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Rice Road Subdivision,
SAW-2019-01502
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
north side of Rice Road; approximately 0.4 miles east of the intersection Rice Road and Sam Newell Road.
PIN: 19353205. Reference review area description shown in Jurisdictional Determination Request package
entitled "Aquatic Resource Sketch Map" and Dated 09/23/2020.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Matthews
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.14261 Longitude:-80.70686
Universal Transverse Mercator:
Name of nearest waterbody: Irvins Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY):
® Office (Desk) Determination. Date: 10/01/2020
® Field Determination. Date(s): 10/08/2020
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO
REGULATORY JURISDICTION
Feature
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Stream CH100
35.1435
-80.70753
945 linear feet
Non -wetland
404
Wetland
35.14379
-80.70757
0.002 acre
Wetland
404
W L 1000
Wetland
35.14319
-80.70722
0.001 acre
Wetland
404
W L 1100
Wetland
35.14288
-80.70646
0.009 acre
Wetland
404
WL1200
Wetland
35.14277
-80.70658
0.021 acre
Wetland
404
WL1300
Wetland
35.14257
-80.70648
0.003 acre
Wetland
404
W L 1400
Wetland
35.14226
-80.70602
0.005 acre
Wetland
404
WL1500
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the

review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AID for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AID before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: numerous unnumbered figures
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
®U.S. Geological Survey map(s). Cite scale & quad name: USGS Togo May (Dated 09/23/2020)
®Natural Resources Conservation Service Soil Survey. Citation: Soil May (Web Soil Survey of Mecklenburg
County)
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Naive & Date): Aquatic Resource Sketch May, Sheets 1-4 (Dated 09/23/2020), and
Aerial Imagery Map (Dated 09/18/2020)
or ® Other (Name & Date): Photographs 1-15
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Parcel Map (Dated 09/23/2020) and Stream Reach Evaluation Form
(Dated 09/21/2020)
IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corns
and should not be relied upon for later jurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KEN N ETH
REYNOLDS.BRYAN.K .1263385574
ENNETH.1263385574 Date: 2020.10.0814:36:07
-04 00
Signature and date of Regulatory
staff member completing PJD
10/8/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is

impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 12, 2021
DWR# 20-1289
Mecklenburg County
Mr. Dhanesh Kumar
Kinger Homes, LLC
2401 Rice Road
Matthews, NC 28105
Delivered via email to [e-mail]
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Rice Road Development
Dear Mr. Kumar:
You have our approval for the impacts listed below for the purpose described in your application dated January
4, 2021, and received by the Division of Water Resources (Division) on January 6, 2021. These impacts are
covered by the attached Water Quality General Certification Number 4139 located at:
https:Hdeg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-Permitting-
branch/general and conditions listed below. This certification is associated with the use of General Permit
Number 29 once it is issued to you by the U.S. Army Corps of Engineers. 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 Division has determined that the proposed project will comply with water quality requirements provided
that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream culvert
30 linear ft.
33 linear ft.
Wetland
0 acre
0 acre
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)].
If you are unable to comply with any of the conditions of the attached Water Quality General Certification or
with the additional conditions itemized below, you must notify the Mooresvlle 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.
D E Q�� North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
a cnaouNn 704.663.1699
Oep
artmem of Envlronmemal Quality

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.
Additional conditions:
1. 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)]
2. 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)(1) and15A NCAC 02H .502 (c)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards or would result in secondary or cumulative
impacts.
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 [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Jennifer Robertson, Atlas Env., email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

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

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 20, 2022
DWR # 20-1289
Mecklenburg County
Kinger Homes, LLC
Attn: Dhanesh Kumar
2401 Rice Road
Matthews, NC 28105
sent via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification - Revision
Rice Road Project
Dear Mr. Kumar:
Attached hereto is a copy of Certification No. WQC004955 issued to Dhanesh Kumar and Kinger Homes,
LLC, dated June 20, 2022. This Certification replaces the Certification issued on January 12, 2021. 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.
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
919.707.9000

Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 2 of 13
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.
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 [phone].
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).
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
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�

Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 3 of 13
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 [e-mail] if you have any questions
or concerns.
Sincerely,
CA
DocuSigned by:
�w H pay ` for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Jennifer Robertson, Atlas Environmental, [e-mail]
Bryan Roden -Reynolds, USACE Regulatory Field Office,
[e-mail]
Todd Bowers, EPA, [e-mail]
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.767.9666
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Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004955 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 0213.0200, to Dhanesh Kumar and Kinger Homes, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on January 4, 2021, and subsequent information on June 9, 2022, and by Public
Notice issued by the U. S. Army Corps of Engineers on DATE.
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
Strea m
Culvert
57 (linear feet)
60 (linear feet)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
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
management required by the state and be reviewed if required. The plan may be approved by
the Division, State Stormwater Program or a local delegated authority. The plan shall consider
the impact of the volume and velocity of discharge and runoff to the receiving stream and
adjacent riparian areas to prevent scouring and erosions of the features.
Citation: 15A NCAC 02U .1017, 15A NAC 02H .1003 (2)(a), 15 NCAC 028 .0614 (8), 15A NCAC 028
. 0607(h)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
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
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�

Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 5 of 13
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts
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.
Citation: 15A NCAC 02H .0506 (b)(3) and (c)(3)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum
reduction of erosion on areas not related to ongoing construction, shortens basin holding times,
increases turbidity of discharge and creates a greater potential of bypass discharge.
3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted.
Citation: 15A NCAC 02H .0506 (b)(1) and 15A NCAC 02H .502 (c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts
4. The permittee shall report to the DWR 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.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
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
NORT CAROIINA 919.707.9000
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Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 6 of 13
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
6. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO2B .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 7 of 13
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

Kinger Homes, LLC
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Individual Certification #WQC004955
Page 8 of 13
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
10. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
11. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
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
NORT CAROIINA 919.707.9000
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Kinger Homes, LLC
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12. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
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properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
13. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
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
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�

Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 11 of 13
16. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse
impacts on existing wetland uses.
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
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
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�

Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 12 of 13
19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
20. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
21. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
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
NORT OAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�

Kinger Homes, LLC
DWR# 20201289
Individual Certification #WQC004955
Page 13 of 13
This, the 20th day of June 2022
DocuSigned by:
for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
D ()7.9()()()
R-
ow512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NQ NORTH CAROLI7
.om �� m.io.si� 919.

ua
United States Department of the Interior FSERVIUE
IFE
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
November 16, 2020
Jennifer Robertson
Atlas Environmental, Inc.
338 South Sharon Amity Road, 9411
Charlotte, North Carolina 28211
Dear Jennifer Robertson:
Subject: Rice Road Residential Development; Mecklenburg County, North Carolina
Log No. 4-2-21-030
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated October 9, 2020 (received October 12, 2020) 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 proposed project would entail the construction of a
single-family residential development and appurtenances on approximately 13.5 primarily
forested acres in Charlotte, North Carolina. Onsight habitats are dominated by forested areas,
agricultural lands and residential developments. Surrounding land cover is dominated by
commercial and residential development. Your description of the proposed work suggests
authorization from the U.S. Army Corps of Engineers would be required.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area 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 (which mayor may not require tree
clearing) would occur at a location where any incidental take that may result from associated
activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid
any associated tree clearing activities during the maternity roosting season from May 15 —
August 15.
Service records show historic occurrences for the federally endangered Schweinitz's sunflower
(Helianthus schweinitzii) in the project vicinity and suitable habitat occurs onsite. Your

correspondence also indicates that suitable habitat is present onsite for the federally endangered
Michaux's sumac (Rhus michauxii) and smooth coneflower (Echinacea laevigata). Targeted
surveys for these species were conducted, August, September and October, 2020 during their
respective optimal survey windows. No evidence for these plants was detected at that time.
Based on the information provided, we would concur with the proposed "may affect, not likely
to adversely affect determination" for these species from the appropriate action agency.
Moreover, we agree that onsite conditions do not support habitats for the federally endangered
Carolina heelsplitter (Lasmigona decorates). Therefore, we have no concerns for this federally
protected species and would not object to a `no effect' determination.
Based on the information provided, we have no concerns for any other federally protected
species and we require no further action at this time. Please be aware that obligations under
section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered, (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action.
We offer the following general recommendations on behalf of natural resources:
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.
Low Impact Development
The Service is concerned about the potential stormwater-mediated impacts to streams and
wetlands onsite. 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.
Since the purpose of storm -water -control 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. We recommend that retention ponds be located
at least 750 feet from small wetlands to minimize hydrologic disturbance and ecological
function.
Riparian Buffers
Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They
accomplish the following:
2

1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from
reaching streams;
2. enhance the in -stream processing of both point- and nonpoint-source pollutants;
3. act as "sponges" by absorbing runoff (which reduces the severity of floods) and by
allowing runoff to infiltrate and recharge groundwater levels (which maintains stream
flows during dry periods);
4. catch and help prevent excess woody debris from entering the stream and creating
logjams;
5. stabilize stream banks and maintain natural channel morphology;
6. provide coarse woody debris for habitat structure and most of the dissolved organic
carbon and other nutrients necessary for the aquatic food web; and
7. maintain air and water temperatures around the stream.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-21-030.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
3

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
November 10, 2020
Jennifer L. Robertson
Office of Archives and History
Deputy Secretary Kevin Cherry
j rob erts on (c�r�, atl as envi . c om
ATLAS Environmental, Inc.
338 South Sharon Amity Road, 9411
Charlotte, NC 28211
Re: Construct subdivision, 2401 Rice Road, Matthews, Mecklenburg County, ER 20-2228
Dear Ms. Robertson:
Thank you for your email of October 12, 2020, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review(cr�,ncdcr. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6598

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
prrector
Dhanesh Kumar
Kinger Homes, LLC
2401 Rice Road
Matthews, NC 28105
Project: Rice Road Subdivision
County: Mecklenburg
401 permit#: 2020-1289
404 permit#: 019-01502
DMS ID#: MR-07683
Amount Paid: $59,179.26
Check Number: 1414
HSTA+r3�'Eb
NORTH CAROLINA
Environmental Quality
RECEIPT
January 5, 2022
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
Catawba 03 ESA
Warm Stream
98
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 [e-mail].
Sincerely,
At�t-&L{�Yk-ao
Kelly Williams
ILF Program Coordinator
cc: Todd Tugwell, USACE - Raleigh; Bryan Roden -Reynolds, USACE
Jennifer Robertson, agent
D EQ �� North Carolina Department of Environmental Quality I Division of Mitigation Services
er—ol217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
NORTHC4RCLINA
n.�m^d^��"�u^^ IQ� li /`� 919,707,8976

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Dhanesh Kumar
Kinger Homes, LLC
2401 Rice Road
Matthews, NC 28105
d� SU7F a
pa .
NORTH CAROLINA
Environmental Quality
RECEIPT
July 1, 2022
Project: Rice Road Subdivision second request
County: Mecklenburg
404 permit#: 2019-01502
DMS ID#: MR-08130
Amount Paid: $44,082.51
Paypoint Transaction Number: 640818074
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
Catawba 03 ESA
Warm Stream
73
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 [e-mail].
Sincerely, �J /
t�t_ .�C�
Kelly Williams
ILF Program Coordinator
cc: Todd Tugwell, USACE - Raleigh; Bryan Roden -Reynolds, USACE
Sheri Montalvo, NCDWR
Jennifer Robertson, 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

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