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HomeMy WebLinkAbout20231635 Ver 1_CamelliaGardensGrnwy_PCNrev_20231121w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13 & 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑x Yes ❑ No For the record only for Corps Permit: ❑Yes ❑x No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑x No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑x No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No 2. Project Information 2a. Name of project: Camellia Gardens Greenway 2b. County: Cabarrus 2c. Nearest municipality / town: Harrisburg 2d. Subdivision name: Camellia Gardens 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: CABARRUS COUNTY 3b. Deed Book and Page No. 8757, 0315 3c. Responsible Party (for LLC if applicable): George Lowder 3d. Street address: PO BOX 707 3e. City, state, zip: CONCORD, NC 28026 3f. Telephone no.: 704.260.5671 3g. Fax no.: n/a 3h. Email address: george.lowder@cabarrus.k12.nc.us Page 1 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑x Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Culvert Bottomland Hardwood Forest (A3000/400( Yes Corps 0.01 W2 P Fill Bottomland Hardwood Forest (A1000) Yes Corps 0.001 W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.011 2h. Comments: Impacts W1 & W2 proposed utilizing NWP 14. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Stabilization Back Creek PER Corps 18 64 S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 64 3i. Comments: —32 LF of riprap to be placed below the OHWM on each stream bank for purpose of stabilization. Less than one cubic yard per running foot of riprap stabilization to be used. Impact S1 proposed utilizing NWP 13. Page 4 of 10 PCN Form — Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Greenway routing has been redesigned multiple times in order to avoid and minimize impacts to aquatic resources. A span of Back Creek is proposed in order to avoid impacts to the stream; riprap stabilization of the stream banks is proposed in order to prevent erosion during and following construction of the span. The crossing of wetland A3000/4000 is unavoidable, but was located at the narrowest portion in order to minimize impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Project will be designed and constructed under an approved sediment and erosion control plan to ensure that materials incidental to construction activities are not transported into downstream receiving waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑x No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 r Im R co Q N co N IO i9 a� p E >LL a� N Z 3 p N _ y (6 U Z S; O d d C a O U g U z 0 O LO to g 5 4 W J F \ (6 F-Q J oLO N 001 V Z o R z W N W Q Z�(7� LJJ Z Z o O J V oCUam V Ln V 4 J Q J u 3 W o Q U LU 9LOgZ'VNI108VD Hi8ON 's)8nosi88VH .. . . . . .... o aVOd SDNIIIVzIS SZ6F tK M ,) SDNIMVdC] NoiiDndiSNOD U­ 00 AVMN33U9 SN3auvE) V1113VYV:) .2� 0 2 M- 3 LU LLI LLI z 0 z a z W N � W z0 d z Q Z 0(7� LJJ z z o oC�am �1Q u N N V Ln QV 4 Z M O J O z J u 3 W O Q~ U W 3W bt'O� I 1 � Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. 1. Applicant Information Processing 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: x❑ Yes ❑ No For the record only for Corps Permit: ❑Yes ❑x No ❑ Yes ❑x No ❑ Yes ❑x No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 g. 1 h. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No 2. Project Information 2a. Name of project: Camellia Gardens Greenway 2b. County: Cabarrus 2c. Nearest municipality / town: Harrisburg 2d. Subdivision name: Camellia Gardens 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: CABARRUS COUNTY 3b. Deed Book and Page No. 8757, 0315 3c. 3d. Responsible Party (for LLC if applicable): Street address: George Lowder PO BOX 707 CONCORD, NC 28026 3e. City, state, zip: 3f. Telephone no.: 704.260.5671 3g. Fax no.: n/a 3h. Email address: george.lowder@cabarrus.k12.nc.us Page 1 of 10 PCN Form —Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑x Other, specify: Developer of Camellia Gardens 5/D 4b. Name: Nathaniel Petrie 4c. Business name (if applicable): EHC HOMES LP 4d. Street address: 8008 CORPORATE CENTER DR STE 300 4e. City, state, zip: CHARLOTTE, NC 28226 4f. Telephone no.: 704.319.5000 4g. Fax no.: n/a 4h. Email address: npetrie@empirecommunities.com 5. Agent/Consultant Information (if applicable) 5a. Name: Perry Isner 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: 704.773.4239 5f. Fax no.: n/a 5g. Email address: perryisner@wetlands-waters.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 55170152360000, 55172145850000 1 b. Site coordinates (in decimal degrees): Latitude: 35.31003 Longitude:-80.64044 1 c. Property size: 8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Back Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin Pee Dee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of primarily vacant, wooded property. The land use in the vicinity of the project consists of residential and institutional (existing school facility) development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.48 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1405 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a greenway walking trail to serve the existing Camellia Gardens community. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of the construction of a 10' asphalt greenway and appurtenant clearing limits. Typical earth -moving equipment will be utilized including but not limited to mini -excavator, skid -steer, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑x Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / Comments: project (includingall prior phases)in the past? 4b. If the Corps made the jurisdictional determination, what type ❑x Preliminary ❑x Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: W&W, Inc. Name (if known): Perry Isner & Tamp Bandy Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2018-01303 & SAW-2018-02280 were issued for the project area of the subdivision, Camellia Gardens. A PJD request was submitted for the offsite greenway project area but was withdrawn by the Corps; see attached correspondence. Original PJD request is included in this application. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑x No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes x❑ No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary T 1 a. Which sections were completed below for your project (check all that apply): ❑x Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Tem ora T W1 P Culvert Bottomland Hardwood Forest Yes Corps 0.01 W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.01 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 - Choose one - S2 - Choose one S3 Choose one S4 Choose one - S5 Choose one - - S6 Choose one - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivii ually list all open water impacts below. _ 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed. then complete the chart below. 5a. 5b. 5c. 5d 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any. impacts require mitiaation. then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number— mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet) 131 Yes/No 132 Yes/No B3 Yes/No 134 Yes/No 65 Yes/No Yes/No 66 6h. Total Buffer Impacts: 6i. Comments: Page 5of10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Greenway routing has been redesigned multiple times in order to avoid and minimize impacts to aquatic resources. A span of Back Creek is proposed in order to avoid impacts to the stream. The crossing of wetland A3000/4000 is unavoidable, but was located at the narrowest portion in order to minimize impacts. All other wetland impacts have been avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Project will be designed and constructed under an approved sediment and erosion control plan to ensure that materials incidental to construction activities are not transported into downstream receiving waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑x No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes x No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑x No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? 1 ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Greenway trail is less than 24% impervious. Rock check dams are proposed along greenway routing in order to dissipate storm flows. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this protect? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): n/a n/a ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 4. i DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? 1 1 b. If you answered "yes' to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes' to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑x No ❑Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑x No ❑ Yes ❑x No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ❑ Yes ❑x No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. n/a Page 9 of 10 PCN Form —Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑x No ❑ Yes 0 No 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP report lists no known occurrences of federally protected species within the vicinity of the project area. A site specific pedestrian survey (attached) was completed with no previously unidentified specimens of protected species observed. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑x No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑x No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO WebGIS service. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑x Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: FEMA requirements to be coordinated by project engineer. 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer. ,p -� AtJ-re , (9671K� e- Applicant/Agent's Printed Name rcant/Agent's Signature (Agent's signature is valid only if an authorization letter from the aDDlicant is provided.) 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E+ i ■ 4 _ r 0- .r,.+.. — - 0 = 0 r 1 o it I � N = I �< _ 0 0 0 r x � li 8" 0 �_ _ m nm 0 0 I •17 _ - Y � ��y _ � I� -�r•-M a ax �- a � " Y`z o Moo �cmiw m2o��rc �Oww�w_ `m�JUOaw cb zN UU- is ONjOwz 0 N, a a o �oN �� o0 • • L o3¢ W ri S, WATERS: INC.ETLANDS Mr. Dan Robertson Empire Communities 8008 Corporate Center Drive, Suite 300 Charlotte, NC 28226 RE: Federally Threatened and Endangered Species Evaluation Camellia Gardens Greenway Parcel: 55170279910000, 55079360970000 Cabarrus County, NC Mr. Robertson, May 19, 2022 Wetlands & Waters, Inc. (W&W) completed a desktop and field review of a portion of the above - referenced parcel assemblage for the purpose of determining if potentially suitable habitat for species with Federal protections under the Endangered Species Act is present in the review area, and the presence or absence of those species within the review area. For the purpose of this evaluation, the review area consisted of a proposed greenway alignment extending southward from the proposed residential development "Camellia Gardens". Specifically, this review focused on an approximately 25-foot greenway access easement within the greenway Limits of Disturbance, as illustrated on the attached Camellia Gardens Greenway plan set (Attachment A). Table 1 shows species with federal protections under the Endangered Species Act identified by the U.S. Fish & Wildlife Service (USFWS) as currently or historically occurring in Cabarrus County, North Carolina, and which were the focus of this evaluation. Table 1- Endangered and Threatened Species of Cabarrus County, North Carolina Species Federal Status Common Name Scientific Name Northern Long-eared Bat Myotis septentrionalis Threatened Carolina Heelsplitter Lasmigona decorata Endangered rSchweinitz's Sunflower Helianthus schweinitzii Endangered The site evaluation included a review of the North Carolina Natural Heritage Program inventory with accompanying report of known species and critical habitat occurrences within or in close proximity to the review area (Attachment B) and a field evaluation conducted April 27, 2022. Photographs documenting existing conditions are included in Attachment C. Species Profiles Northern Long-eared Bat The northern long-eared bat is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. The bat is distinguished by its long ears, and is found across much of the eastern and Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 4yWETLANDS aWATERS: INC. central U.S. and all Canadian Provinces. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non - reproductive females may also roost in cooler places, like caves and mines. This bat seems opportunistic in selecting roosts, using tree species based on suitability to retain bark or provide cavities or crevices. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents (U.S. Fish & Wildlife Service, 2022). Carolina Heelsplitter Although it was once found in large rivers and streams, the Carolina Heelsplitter is now restricted to cool, clean, shallow, heavily shaded streams of moderate gradient. Stable streambanks and channels, with pool, riffle and run sequences, little or no fine sediment, and periodic natural flooding, appear to be required for the Carolina Heelsplitter (U.S. Fish & Wildlife Service, Southeast Region, Asheville Ecological Services Field Office, 2012). Schweinitz's Sunflower A perennial plant with an average height of six feet tall. Flowers are yellow composite that mature to approximately 2 to 3 inches wide. Leaves are narrow and can vary between 2 to 8 inches with the surface being rough and the underside being softer, or hairy. The stem is also covered in minute hairs and is reddish -purple in color. This species prefers poor soils that minimize competition from other species. Often found in disturbed areas along roadsides, in powerline cuts, dry woodlands or piedmont prairies (Krings, Goyette, Suiter, & Samuels, 2021). Existing Site Conditions The review area generally consists of a mature forested canopy, some areas of which are frequently flooded. Floodplain and riverine complex wetlands are present in some areas, while other areas contain upland vegetation as slopes increase. A permanently maintained sanitary sewer easement intersects portions of the review area. The right-of-way is well maintained, approximately 40' in width, and predominantly shaded from adjacent forested areas. Back Creek, a perennial stream channel, forms the southern review area boundary and is the primary receiving water of the site. The site is underlain by the following soils: Armenia loam, 0 to 2 percent slopes, rarely flooded; Chewacla sandy loam, 0 to 2 percent slopes, frequently flooded; Iredell loam, 0 to 2 percent slopes; and Mecklenburg loam, 2 to 8 percent slopes. Findings The review area does not contain caves, mine cavities or bridges that could provide potentially suitable winter hibernacula. Endangered Species Act protections for the Northern Long-eared Bat (NLEB) prohibit incidental "take" (harming, harassing, or killing) of the species within hibernation sites, within 1/4 mile of a known hibernation site, and within a 150-foot radius of a known, occupied maternity roost from June 1-July 31. Additionally, the Natural Heritage Program Report does not identify occurrences of this species within or in close proximity to the review area. Because confirmed hibernation and maternity sites for this species exclude Cabarrus County and are currently limited to a selection of western counties of North Carolina, it is our assessment that there is no potential for a `Take' of this species. A perennial stream system (Back Creek) forms the southern review area boundary, and provides a suitable flow regime as a baseline for mussel habitat. However, the review area is located outside of Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS W �;,, S, WATERS: INC.ETLANDS Designated Critical Habitat for the Carolina Heelsplitter and Back Creek lies outside of the drainage basin in which the Carolina Heelsplitter is known to occur. Additionally, the Natural Heritage Program Report does not identify occurrences of this species within or in close proximity to the review area. Based on these circumstances, it is our assessment that there is no potential for a `Take' of this species. Canopy site conditions, lack of recent disturbance, canopy coverage and competitive species result in habitat on -site being unsuitable to support Schweinitz's Sunflower. Additionally, no previous year flower stalks were observed during evaluation of the site, and the Natural Heritage Program Report does not identify occurrences of this species within or in close proximity to the review area. Based on the lack of suitable habitat for Schweinitz's Sunflower within the review area, it is our assessment that there is no potential for a `Take' of this species. Conclusions W&W evaluated relevant GIS records and existing conditions within the proposed Limits of Disturbance associated with the planned Camellia Gardens Greenway alignment. The evaluation was to determine if potentially suitable habitat for federally protected species known to occur in Cabarrus County, NC exists in the review area, and to assess the presence or absence of those species and the potential for a "Take". Based on a combination of existing site conditions, habitat requirements and proposed activity on the site, it is assessed that there is no potential for an intentional "take" and there will be no effect to Northern Long-eared Bat, Carolina Heelsplitter, or Schweinitz's Sunflower as a result of proposed site development. Sincerely, Meagan Jolly Project Manager 704.681.3479 Enclosures: Attachment A. Camellia Gardens Greenway Construction Documents Attachment B. North Carolina Natural Heritage Program Report Attachment C. Field Photographs Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 41WETLANDS ,a WATERS: INC. References Krings, A., Goyette, S., Suiter, D., & Samuels, M. (2021, July). Schweinitz's Sunflower (Helianthus schweinitzii). Retrieved from Rare plants of North Carolina: https://projects.ncsu.edu/cals/plantbiology/ncsc/rare/images/Helianthus schweinitzii NHP.pdf U.S. Fish & Wildlife Service. (2022, April 18). Northern Long -Eared Bat (Myotis septentrionalis). Retrieved from Environmental Conservation Online System (ECOS): https://ecos.fws.gov/ecp/species/9045 U.S. Fish & Wildlife Service, Southeast Region, Asheville Ecological Services Field Office. (2012). Carolina Heelsplitter (Lasmigona decorata) 5-Year Review: Summary and Evaluation. Asheville, NC: Asheville Ecological Services Field Office, U.S. Fish & Wildlife Service. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Attachment A Camellia Gardens Greenway Construction Documents 22 po 'o on a=o o b 3W a m c� oan ado+d¢ rr�rr 1 o r o r 00000 a= o k a JJwJwJ� 0000000 000 o o'a 'a z z z z z 2 2 aaaaaww -�_ �3 a_ zzzzzw X J d d d a w z r 30 o Z W m a0 O w LLI N z O N c, N N O N LrjN r 00 N N O� O (� Q i N N O O Zcn 0 m�= Q N N Z D Lu LLI z J=o Q z Z O�uza� w=- CO Q LL Q U Q 0_Z Lu I.i "' Z V z U NO cnZN wN H m �M CO d mQ Zz=� = Z a w o a V J J W a -o V a G Z roe U_ HARRISERRG ,C E ENS Ro /1 'IV 111 w�nl r1 II I it l 1 b A' 1A15 I W Z W N � W z 0 z QCCQ z Lu zzo a 2 J= oCuam V Ln=N N JOm° J u 3 W o Q U yy 1 �4Y H o al l ` s ham` u� \✓/`i \J `� � p.� — F--------------- i -'-'-___ oGa_ -- y S ES Q Q Z W N � W z0 d z QCCQ Z0C7� LJJ Z Z o oC�am V Ln=N N Q Z m o J O z J CJ 3 CW o C ~ Q U W K6 3W z o Ro Q Z W W I o \\ \ N, /I � • / / 1 /l 8� � a o- / I r\ � 1 `I�/,�/l J�� �1/�r � i ♦"I �n� vdm»d9e III /S I I J,{�� II .� P � N i I o - III I i g W N W z0 d z QCCQ Z0C7� LJJ z z o O J uam V Ln=N N Q z m o J O z J U W o Q U z s W N W z 0 z < = < z 0 ('D -, Lu zzo a2J& uam C7�Ln= N N J0m° J CJ 3 W o Q U Q z W W o W N w W z 0 z �¢�a z LU ZZo CL O J yam C7�Ln= N N J o 0o J 3 W o Q U F. mK W W '4 o � u EEwww G. W o w ® = w o W ill - �I LU SLOR 'VNIIONV:) HINON '9angSlTdVH 8 -0 (IM] SDNII]ViS SME 0 S9NIMVW4 Nou:)nKSNOD 00 AVMN33HD SN3(3MVE) V1113VYVJ z 3LU LLI E SLOR 'VNIIONV:) HINON '9ingSlTdVH o A (IM] SDNII]ViS SME S9NIMVW4 NouomiSNOD 00 E E z AVMN33HD SN3(3MV9 VI113VYVj L9 3LU 6 III Attachment B North Carolina Natural Heritage Program Report Roy Cooper, Governor ■ ■■■ ■■ ■ NC DEPARTMENT OF to■>.i,■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ May 2, 2022 Meagan Jolly Wetlands & Waters, Inc. 328 East Broad Street Statesville, NC 28677 RE: Camellia Gardens Greenway Connection Dear Meagan Jolly: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural heritage Program N CN H D E-17855 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEFAR7MEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. J6NG5 STREET_ R ALEiGN_ NC 27603 15a1 MAIL S1"RVICE C£M1i'�ER, PALl=1C f C 2Tb9r3 OFC 919107.9120 • a-AX 919.707.S121 \ CO / a > � Y & e I % / 0 \ E \ \ \ § \ / CO e s s a s s s ® s 2 s \ \0 CO \ / / / CO ± % 4 \ s \ CO } \ _ 3 ^ \ \ \ CO e % / CO / CO/ g = CO e = a CO 9 / w § c / ® ® ( \ \ : § \/ &\ CO s / >2 /§ 2 / » t G} y \ E E E E 3/ %_ / E \ \ \ _ OL (D ( / / e e Y Y e Y \ \ e < y }\ �\ _ \ u 0� �\ e \/a 3- \ / E\/ƒ o o e 4 / ° u ® �/ \ / u » \.z e CC) CO ƒ/ z a ~ o c g /\~6 \ e a N o CO e% s s ¢ o \ CO2 \ \ CC3> / E ` \ CO\ ~ ~ \ \ \ % / x e a % a / CO? Z t \ % % % c CO ! % \ 4 - CO & c \ > 0 CO \ \ ® © _ m »cn \ \ 5 \ \ \ /e e ? y / :z } \ 3 / 0 \ % } \ 2 _ ° / / \ R /1 \ / 4 \ \ ± ® 3 » © Z \ \ \ ® \ e - 5 / \ / \ _- CO \ / / -E/ / / \ / / CO CO\ \ / \ \ / E » ® c S ®w - \ a / e» % \ 2 O .$ / § \\� \ CO © 2 /� ® CO > D G ® / ` _ \ � �\ \ z % ° CO e ®_ z z 9 e z t \ :: 2 3 .0 m z ° y E \ E 0 4 >- E \ E 3 / - _ / \ \ d \ \ CO d / _ CO / \ \ co / 0 / E / /{ / ®v \ aa v ° / o\ \// \ a e® CC) \} : / /°> Z % ± / e : \ \ > >cc COCO\ \ - co %/ \ CO \ _ \ \ \ \ \ \ / ° \ Cl / / \ E 2 E 5 = _ % / / \ .f [ E x/ n/ 2 E 2 E/ u u Z == 2 \\ / \ \ CO CO \ / \ c 3 / / / / / / / / ra s / qWN � e V LL L 0 nU� W c c 0 U r� L W L W L t� V E U L6 LO A0 1 — r r r"t 2 Z U Z u G u Attachment C Field Photographs DIRECTION 35.31260°N ACCURACY 20 ft + `'.`'�• '!y' Y , 220 deg(T) 080.53729°w DATUM! WG584 -Soil ::. r r7= r (D �,DrD H �.� . . s 4ti ;� i^ 3�1 J f?".''! �•�C. = .c .. Y .. • . rD Q)• s'►3 ^ Fx �'.I,i�' �} r '! ' . ��.1•.r� Q rn a in CD "£ .r.. i,• yg�a�-.�.r •'4- _i - {,. _ �0. Lki CD yv i'in F' Camellia Gardens FEMA T&E 2022-04-28X. G reenway 5i•• roLrl ro #: rrD w r x ,p ! , t n Y rf x 0-rn ro v' - rn ► t s ,'[�. sir � @ Y•5 J. i ry h rA f"'7 0) Cu "iWr p:�l F° d 4�i Ir 'i i t�l{{'✓ s ' s ° O CL fD ;ZY-tY.1�4r,y4� r*" �•r, 4 t icy_ " i - .4 47M 5'{'�`�1s�' d- - 4 FF*Ln ta�rveK� riles., co twit rn r'n rrl 4 , ti H 4 r Z yf h S� s >ZE n x• R .�=;:•,7iul.y Lo Fs Ig CD L^_71 1y, "-r' :r - t.'� •i J�rti' ,fF A -I ; 1 .� 4 � � 'rR��+ �4 �;�•.� ' ' �Iqij �.':a���r �'.'ki•:r� fey is CO Lk)rn -s • � i , ., •�+5 ��, � � to IS CD ;M ��� -.sue+,"'� i�j,� ., '• .w. N is q� ' i • � rig. tir � � � I� X ~'+.r,.y r 3 n dil � �'�•��.r � ti 1?' . , � ram+ fi r r. '�., U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-01303 County: Cabarrus U.S.G.S. Quad: NC- Harrisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Shea Homes Matt Kearns Address: 8008 Corporate Center Drive, Suite 300 Charlotte, NC 28226 Telephone Number: 704-517-8489 E-mail: matt.kearns(dsheahomes.com Size (acres) 46 Nearest Town Harrisburg Nearest Waterway Back Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.31554 Longitude:-80.64336 Location description: The review area is located 0.202 miles Southeast of the intersection of Stallings Rd and Hoffner Dr. in Cabarrus Co. PIN(s): 55079363640000, 55079255470000. 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 DATE. 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 wetlands, on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2018-01303 ® 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 5/9/2018. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or Catherine. M.Janiczak(d,u sace. armv.mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 8/14/2018. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 10/12/2018. **It is not necessary to submit an RFA form to the Division Office D s f youdotothedetermination in this correspondence.** 066 JANICGZGAK.CATHERINE.MARIE.1535 DN: US ,o-U.S.Govemment,ou-Doo,ou-PKI,ou-USA. Corps Regulatory Official: 587066 m=eAWCZAK.0 10.28.13 04-GO' 535587066 V Date:2018.08.141028:13-04'00' Date of JD: 8/14/2018 Expiration Date of JD: 8/13/2023 SAW-2018-01303 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0 Copy furnished: Agent: Wetlands & Waters, Inc Meagan Jolly Address: 4108 LB Proust Drive Conover, NC 28613 Telephone Number: 704-681-3479 E-mail: k meaganiollvngmail.com SAW-2018-01303 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Shea Homes, Matt Kearns File Number: SAW-2018-01303 Date: 08/13/2018 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)x or the Corps regulations at 33 CFR Part 331. AL 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 11 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 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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. SAW-2018-01303 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. Jason Steele, Administrative Appeal Review Officer Attn: Catherine M. Janiczak CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 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 opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION L• BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 8/14/2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stallings Rd AJD, SAW-2018-01303 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located 0.202 miles Southeast of the intersection of Stallings Rd and Hoffner Dr. in Cabarrus Co. PIN(s): 55079363640000, 55079255470000. State: NC County/parish/borough: Cabarrus City: Harrisburg Center coordinates of site (lat/long in degree decimal format): Lat. 35.31554 , Long.-80.64336 Universal Transverse Mercator: Name of nearest waterbody: Back Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 03040105 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 08/03/2018 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): i ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 885 linear feet, 10 wide, and/or acres. Wetlands: 0.08 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):' ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Isolated with no significant nexus. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs Boxes checked below shall be supported by completing the appropriate sections in Section III below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). s Supporting documentation is presented in Section IILF. The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section HID. 1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HIA.1 and 2 and Section IH.D.1.; otherwise, see Section IH.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacenf': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HIDA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section HIB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 9 square miles Drainage area: 9 square miles Average annual rainfall: 47 inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are 2-5 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 1-2 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Back Creek flows directly into Rocky River. Tributary stream order, if known: (b) General Tributary Characteristics (check all that appa): Tributary is: ® Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary properties with respect to top of bank (estimate): Average width: 20 feet Average depth: 2 feet Average side slopes: 2:1. Primary tributary substrate composition (check all that apply): ® Silts ® Sands ❑ Concrete ® Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Yes Tributary geometry: Meandering Tributary gradient (approximate average slope): 3 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Perennial Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ® the presence of litter and debris ® changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ® the presence of wrack line ❑ vegetation matted down, bent, or absent ® sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ® multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM' Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum, ❑ fine shell or debris deposits (foreshore) ❑ physical markings, ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film, water quality; general watershed characteristics, etc.). Explain: Water color is clear. Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): Wooded floodplain, >100' wide ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 0.08 acres Wetland type. Explain: Bottomland Hardwood Forest Wetland quality. Explain: High Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: No Flow. Explain: Surface flow is: Not present Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ® Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ® Ecological connection. Explain: within Riparian floodplain ❑ Separated by berm/barrier. Explain: (d) Proximity_(Relationship) to TNW Project wetlands are 2-5 river miles from TNW. Project waters are 1-2 aerial (straight) miles from TNW. Flow is from: No Flow. Estimate approximate location of wetland as within the 50 - 100-year floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil flhn on surface; water quality; general watershed characteristics; etc.). Explain: No water Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): <50' ® Vegetation type/percent cover. Explain: Forested/100% cover ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 1 Approximately 0.08 acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) N 0.08 Summarize overall biological, chemical and physical functions being performed: The wetland is located within the floodplain of Back Creek and is contributing to the stability of this riparian buffer system by providing nutrient filtration. It provides additional habitat for any wildlife species that frequent the riparian corridor, and helps to increase the overall biota by providing a different micro -environment than the adjacent uplands also within the riparian buffer. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TN W s: linear feet, wide, Or acres. ❑ Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Strong hydrological, geomorphological, and biological indicators. ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 885 linear feet 10 wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWs'that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 'See Footnote # 3. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IILB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: 0.08 acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Wetlands are not adjacent or abutting TNW or RPW. ❑ Other: (explain, if not covered above): 9 To complete the analysis refer to the key in Section IILD.6 ofthe Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ® Wetlands: 0.04 acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 1 (Dated 05/09/2018) ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® USDA Natural Resources Conservation Service Soil Survey. Citation: Cabarrus Soil Survey September 1988 Sheet 5. ® National wetlands inventory map(s). Cite name: USFWS NWI Mapper ❑ State/Local wetland inventory map(s): ® FEMA/FIRM maps: National Flood Hazard Layer FIRMette ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 2 (Dated 05/09/2018) or ® Other (Name & Date): Photopages (Dated 05/03/2018) ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: N J* 200 ft -1111� WETLANDS & WATERS, INC_ Area south of Back Creek not evaluated *Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended to be relied upon for exact location, dimensions, or orientation. All findings and assessments made by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to verification by the US Army Corps of Engineers and other appropriate state and local authorities. rrojeci Name: Owner / Developer: City / County: Tax PIN(s): Harrisburg - Stallings Road Shea Homes Harrisburg / Cabarrus 55079363640000,55079255470000 Figure 1: Approximate Depiction Coordinates: Scale: Date: 05/09/18 of Aquatic Resources Lat: 35.31554 Long:-80.64336 Graphic U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-02280 County: Cabarrus U.S.G.S. Quad: NC- Harrisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Paul Harris/Shea Homes (Matt Kearns) Address: 3923 Stallings Road/8008 Corporate Center Dr., Suite 300 Harrisbum/Charlotte, NC 28075/28226 Telephone Number: 704-995-9997/704-602-3307 E-mail: pgharris(dcarolina.rr.com/matt.kearns(dsheahomes.com Size (acres) 41.31 Nearest Town Harrisburg Nearest Waterway Back Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.3133 Longitude:-80.6397 Location description: The review area is located 0.175 miles Southwest of the intersection of Bovine Lane and Stallings Rd. in Cabarrus Co. PIN(s): 55170390420000, 55170347420000, 55170235250000, 55170245910000. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, 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, 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 11/29/2018 (Revised 01/18/2019). Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, 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, 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, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, 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, on 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, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2018-02280 ❑ The waters, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(a),u sace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 01/24/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Cathenr e .7amczak Date of JD: O1/24/2019 Expiration Date of JD: Not applicable SAW-2018-02280 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0 Copy furnished: Agent: Wetlands & Waters, Inc Perrv/Meagan Isner/Jolly Address: 6018 Little Mountain Road Sherrills Ford, NC 28673 Telephone Number: 704-773-4239 E-mail: Perrv.lsner(dmail.com/kmea2anoollv(&2mail.com SAW-2018-02280 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Paul Harris/Shea Homes (Matt Kearns), File Number: SAW-2018-02280 Date: 01/24/2019 Matt Kearns Attached is: See Section below F-11 INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Res ulatorvPros4ramandPennits.asi)x or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 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. SAW-2018-02280 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEA CTIONS TO AN INITIA ROFFERED 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. Jason Steele, Administrative Appeal Review Officer Attn: Catherine M. Janiczak CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 01/24/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Paul Harris/Shea Homes (Matt Kearns), Matt Kearns, 3923 Stallings Road/8008 Corporate Center Dr., Suite 300,Harrisburg/Charlotte, NC 28075/28226 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Shea Homes Stallings Road PJD, SAW-2018-02280 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.175 miles Southwest of the intersection of Bovine Lane and Stallings Rd. in Cabarrus Co. PIN(s): 55170390420000, 55170347420000,55170235250000,55170245910000. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cabarrus City: Harrisburg Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3133 Longitude:-80.6397 Universal Transverse Mercator: Name of nearest waterbody: Back Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 01/15/2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude (decimal Longitude (decimal resources (i.e., Site Number review area (acreage 'may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) WL A1000/2000 35.31120 -80.64013 0.59 acres Wetland Sec. 404 WL A3000/4000 35.31260 -80.63915 2.05 acres Wetland Sec. 404 WLA5000 35.31458 -80.63964 1.24acres Wetland Sec.404 Tributary 1 35.31534 -80.63964 1200 linear feet Non -wetland Sec. 404 Tributary 2 (Back 35.31282 -80.63738 1450 linear feet Non -wetland Sec. 404 Creek) Pond 1 35.31497 -80.63995 0.35 acres Non -wetland Sec. 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved 7D (AID) for that review area based on an informed decision after having discussed the various types of 7Ds and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the 7D will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure I (Dated 11/29/2018 [Revised 01/18/2019])_ ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® 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: ® Natural Resources Conservation Service Soil Survey. Citation: ® National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ® FEMAVFIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Figure 2 (Dated 11/30/2018) or ®Other (Name & Date): Photopages (Dated 11/27/2018) ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corus and should not be relied uuon for later jurisdictional determinations. Catheni e ,7amczak Signature and date of Regulatory staff member completing PJD 01/24/2019 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 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. U.S. Army Corps of Engineers —Wilmington District - Regulatory Division REQUEST FOR JURISDICTIONAL DETERMINATION (JD) (For Jurisdictional Status and Identifying Wetlands and Other Aquatic Resources) A. Site Details/Location: Site Name/Number: Camellia Gardens Off -Site Greenway County: Cabarrus Acreage: +/- 8 Latitude*: 35.31003 Parcel ID Number (PIN) #(s): 55172138000000, 55170152360000 Request Date: 04/1612020 -Longitude*:-80.64044 Property Address: 7293 RAGING RIDGE RD City: HARRISBURG State: INC Zip Code: 28075 File number(s) of previous determinations associated with the site: SAW-2018-02280 (adjacent development) *Coordinates must be provided in decimal degrees ONLY. B. Property Owner Information (if there are multiple property owners, complete an additional owner sheet) First Name: G. Tim Last Name: Lowder Company Name (if applicable): Cabarrus County Schools Address: PO BOX 707 City: CONCORD State: NC Zip Code: 28026 Daytime Phone: 704-260-5671 Email: George.Lowder(cDcabarrus.k12.nc. C. Requestor of Jurisdictional Determination/Delineation Same as Property Owner First Name: Matt Last Name: Kearns Company Name (if applicable): Shea Homes Address: 8008 Corporate Center Dr. Suite 300 City: Charlotte State: INC Zip Code: 28226 Phone: 704-602-3307 Email: matt.kearns@sheahomes.com D. Agent Acting on Behalf of the Requestor (must include an agent authorization signed by requestor): First Name: Perry Last Name: Isner Company Name (if applicable): Wetlands & Waters, Inc. Address: 328 East Broad Street Suite D City: Statesville State: INC Zip Code: 28677 Phone: 704.773.4239 Email: perryisner@wetlands-waters.com Off -site greenway construction III. TYPE OF REQUEST: (check all that apply) =✓ Approved' Jurisdictional Determination (AJD) =Preliminary2Jurisdictional Determination (PJD) = I am uncertain and request and require additional information to inform my decision Approved —An AJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, an AJD is used to indicate that this office has identified the presence or absence of wetlands and/or other aquatic resources on a site, including their accurate location(s) and boundaries, as well as their jurisdictional status. AJDs are valid for 5 years. -2Preliminary —A PJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, a PJD is used to indicate that this office has identified the approximate location(s) and boundaries of wetlands and/or other aquatic resources on a site that are presumed to be subject to regulatory jurisdiction of the Corps of Engineers. Unlike an AJD, a PJD does not represent a definitive, official determination that there are, or that there are not, jurisdictional aquatic resources on a site, and does not have an expiration date. March 2020 IV. SUPPORTING INFORMATION a entslenvironmental consultants only) — please list the number and date of all figureslmapsldatasheets included in the delineation report— all sources must be properly cited on the figure/map. Delineation Map Flguro 2- 04/2012020 USGS Topo Figure 4. 04/2012020 NRCS Soils Survey Figure s-o412012wo USFWS NW Figure S.0412012020 Aerial ImageryFIau- 3. 04120/2020 Wetland Datasheet [data point labels Photo Log Field photos, D312512020 Other sources, Figure 1. 04l2012020 DFt, DF2, DF3 FEMA/FIRM Maps Figure 7.0412012020 USGS NHD n1a USGS HUG n1a Navigable waters' study n1a V. AGENT1REQUESTOR CERTIFICATION (agent or requestor listed in Section l (C) or (D) of this request) By signing below, I certify that the information in this document and any attached documents is true and correct to the best of my knowledge. 1 iA Signature Printed Name and Date VI. LEQAL RIGHT OF ENTRY (owner listed in Section 1(B) of this request - if there are multiple property owners, complete an additional owner sheet) By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899- I, the undersigned, am a duly authorized owner of record or easement holder of the property identified herein or have other legal or statutory authority to allow right -of entry onto this property. George T. Lowder, Digitally signed by George T. Lowder, PE George T Lowder 04/21/2020 PE Date: 2020.04.21 08,34 19-04'00' Signature ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 CHARLOTTE REGULATORY FIELD OFFICE Please use the Asheville Field Office phone contacts for the Charlotte Regulatory Field Office until further notice Printed Name and Date RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 General Number: (910) 251-4633 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 General Number (910) 251-4610 Add Aquatic FtAdd Additional Owner Sheet I Add Agent Authorization Sheet Validate and Submit Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above - Routine Uses: This information may be shared with the Department or Justice and other federal, state, and local government agencies, and the pubiic, and may be made available as part of a public notice as required by federal law. Your name and property foratio n where fed eraljurisdiction is to be determined will be included in the approved jurisdictional detennination (AJD), which will be made available to the public an the District's webs ite and on the Headquarters USAC E website Disclosure: Submission of requested information is voluntary; however, if information is not provided. the request fora jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. March 2020 TABLE OF AQUATIC RESOURCES WITHIN REVIEW AREA Waters Name Latitude (decimal degrees) Longitude (decimal degrees) Quantity of resources in review area (number) Measurement Type U.S. State Rapanos Waters Type (For AJDs only) Cowardin Code Geographic authority (i.e., 404 and/or 10) WL A1000 35.31181 -80.63792 0.02 acre RP1 404 NC RPWWN WL A1100 35.31193 -80.63758 0.03 acre RP1 404 NC RPWWN WL A1200 35.31012 -80.63958 0.39 acre RP1 404 NC RPWWN WL A1300 35.31037 -80.64146 0.04 acre RP1 404 NC RPWWN T1-Back Cr 35.31009 -80.64061 1350 feet R5 404 NC RPW T2 35.31051 -80.64354 55 feet R4 404 NC RPW PrincioalPuroose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 WETLANDS ly4y'&SWATERS Department of the Army Wilmington District, Corps of Engineers PO Box 1890 Wilmington, North Carolina, 28402-1890 -and- NC Division of Water Resources, WBSCPE Unit 512 North Salisbury Street Raleigh, North Carolina, 27604 RE: Agent Authorization The undersigned, registered property owners of the noted property, do hereby authorize Wetlands & Waters, Inc. to act on my behalf and take all actions necessary for the processing of this jurisdictional verification, permit or certification request and any and all standard and special conditions attached. i/we reserve the right to accept or appeal all final, proffered actions, jurisdictional determinations, permits or certifications and any and all standard and special conditions attached. Property Owner / Applicant; Shea Homes Contact Name: Matt Kearns Street Address / P❑ Box: 8008 Corporate Center Dr., Suite 300 City, State, zip Code: Charlotte NC 28226 Phone / Fax Number: (704) 602-3307 Project Name: Camellia Gardens greenway segment Property Street Address: 7336 RAGING RIDGE RD HARRISBURG NC 28075 - PIN 55170152360000 (Street Address, City, State, and Zip, or County and Tax PIN) Owner / Applicant Sign atu re: 1 Date: IM CHR3STDPHER HLJYSMAN WETLANDS & WATERS, INC. 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Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) _ Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 0.5 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: 0 VEGETATION (Four Strata- Use scientific names of plants. Sampling Point: DF1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Fraxinus pennsylvanica 25 Yes FACW Number of Dominant Species 2. Celtis occidentalis 40 Yes FACU That Are OBL, FACW, or FAC: 6 (A) 3. Total Number of Dominant 4. Species Across All Strata: 10 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 60.0% (A/B) 7. Prevalence Index worksheet: 65 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 33 20% of total cover: 13 OBL species 5 x 1 = 5 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 35 x 2 = 70 1. Fraxinus pennsylvanica 10 Yes FACW FAC species 45 x 3 = 135 2. Celtis occidentalis 10 Yes FACU FACU species 82 x 4 = 328 3. Acerrubrum 10 Yes FAC UPL species 0 x 5 = 0 4. Ligustrum sinense 5 No FACU Column Totals, 167 (A) 538 (B) 5. Juniperus virginiana 2 No FACU Prevalence Index = B/A = 3.22 6. Hydrophytic Vegetation Indicators: 7. 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 - Prevalence Index is <-3.0' 37 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 19 20% of total cover: 8 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) Problematic Hydrophytic Vegetation' (Explain) 1. Galium aparine 5 No FACU 'Indicators of hydric soil and wetland hydrology must 2. Carex abscondita 15 Yes FAC be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Allium canadense 10 Yes FACU 4. Viola bicolor 5 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) 5. Myosotis laxa 5 No OBL or more in diameter at breast height (DBH), 6 regardless of height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9. (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 40 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20 20% of total cover: 8 height. Woody Vine Stratum (Plot size: 30 ) 1. Smilax rotundifolia 10 Yes FAC 2. Lonicera japonica 5 Yes FACU 3. Vitis rotundifolia 10 Yes FAC 4. 5. Hydrophytic 25 =Total Cover Vegetation 50% of total cover: 13 20% of total cover: 5 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - n 2.0 SOIL Sampling Point: DF1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-2 10YR 3/2 100 Loamy/Clayey 2-9 10YR 4/3 100 Loamy/Clayey 9-16 10YR 4/3 90 10YR 2/2 10 C M Loamy/Clayey Faint redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil 2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _Red Parent Material (F21) (outside MLRA 127, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.• See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a) Project/Site: Camellia Garden City/County: Harrisburg / Cabarrus Sampling Date: 03/25/20 Applicant/Owner: Shea Homes State: NC Sampling Point: DF2 Investigator(s): TB PI Section, Township, Range: Landform (hillside, terrace, etc.): floodplain depression Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.31233 Long:-80.63754 Datum: WGS84 Soil Map Unit Name: Chewacla NWI classification: none Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) —Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) X Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 0.5 Water Table Present? Yes X No Depth (inches): 4 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: 0 VEGETATION (Four Strata- Use scientific names of plants. Sampling Point: DF2 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status 1. Fraxinus pennsylvanica 10 Yes FACW 2. 3. 4. 5. 6. 7. 50% of total cover: 5 Sapling/Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 50% of total cover: Herb Stratum (Plot size: 5 ) 1. Carex abscondita 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 3 Woody Vine Stratum (Plot size: 30 ) 1. Lonicera japonica 2. 3. 4. 5. 10 =Total Cover 20% of total cover: 2 =Total Cover 20% of total cover: 5 Yes FAC 5 =Total Cover 20% of total cover: 1 2 No FACU 2 =Total Cover 50% of total cover: 1 20% of total cover: 1 Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 10 x 2 = 20 FAC species 5 x 3 = 15 FACU species 2 x 4 = 8 UPL species 0 x 5 = 0 Column Totals, 17 (A) 43 (B) Prevalence Index = B/A = 2.53 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is <-3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - n 2.0 SOIL Sampling Point: DF2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LoC2 Texture Remarks 0-3 10YR 3/2 100 Loamy/Clayey 3-12 10YR 4/2 80 7.5YR 4/4 20 C PL/M Loamy/Clayey Distinct redox concentrations 12-16 10YR 4/2 78 7.5YR 4/4 10 C PL/M Loamy/Clayey Distinct redox concentrations 10YR 3/2 10 D M 2.5Y 2.5/1 2 C M Distinct redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) Polyvalue Below Surface (S8) (MLRA 147, 148) 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) ? Piedmont Floodplain Soils (F19) _Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) X Depleted Below Dark Surface (A11) _Depleted Dark Surface (F7) (outside MLRA 127, 1479 148) _Thick Dark Surface (Al 2) ? Redox Depressions (F8) _Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) _Sandy Gleyed Matrix (S4) MLRA 136) _Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 31ndicators of hydrophytic vegetation and _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 1479 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.• See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a) Project/Site: Camellia Garden City/County: Harrisburg / Cabarrus Sampling Date: 03/25/20 Applicant/Owner: Shea Homes State: NC Sampling Point: DF3 Investigator(s): TB PI Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): concave Slope (%): 1 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.31012 Long:-80.63958 Datum: WGS84 Soil Map Unit Name: Iredell NWI classification: none Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) _ Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 0.5 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: 0 VEGETATION (Four Strata- Use scientific names of plants. Sampling Point: DF3 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 4 (A) 3. Total Number of Dominant 4. Species Across All Strata: 5 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 80.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 10 x 2 = 20 1. Fraxinus pennsylvanica 10 Yes FACW FAC species 70 x 3 = 210 2. Diospyros virginiana 10 Yes FAC FACU species 5 x 4 = 20 3. UPL species 0 x 5 = 0 4. Column Totals, 85 (A) 250 (B) 5. Prevalence Index = B/A = 2.94 6. Hydrophytic Vegetation Indicators: 7. 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is <-3.0' 20 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 10 20% of total cover: 4 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) Problematic Hydrophytic Vegetation' (Explain) 1. Carex abscondita 15 Yes FAC 'Indicators of hydric soil and wetland hydrology must 2. Ranunculus hispidus 5 No FAC be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Microstegium vimineum 40 Yes FAC 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) 5. or more in diameter at breast height (DBH), 6 regardless of height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9. (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 60 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 30 20% of total cover: 12 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. Lonicera japonica 5 Yes FACU 3. 4. 5. Hydrophytic 5 =Total Cover Vegetation 50% of total cover: 3 20% of total cover: 1 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - n 2.0 SOIL Sampling Point: DF3 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-4 10YR 4/2 100 Loamy/Clayey 4-12 10YR 4/2 60 10YR 3/2 33 D M Loamy/Clayey 10YR 2/1 5 C M Faint redox concentrations 7.5YR 4/4 2 C PL Distinct redox concentrations 12-16 2.5Y 4/3 80 10YR 3/2 20 D M 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. `Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) Polyvalue Below Surface (S8) (MLRA 147, 148) 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) _Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) —Depleted Below Dark Surface (A11) —Depleted Dark Surface (F7) (outside MLRA 127, 1479 148) _Thick Dark Surface (Al 2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) _Sandy Gleyed Matrix (S4) MLRA 136) _Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 31ndicators of hydrophytic vegetation and _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 1479 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 35.31181'N 080.63792'W ± 98 ft WG584 35.31198'N 080.63760°W ± 16 ft WG584 22 deg(T), 553 ft, 2020-03-25 12:22:59--04:00 226 deg{T), 572 ft, 2020-03--25 12:29:29-04:00 p .� i 1 .. � ��•��:. -.n 1. �r_� .. { `+_'•..,}y+ Y L�"�'� .•.rY V4`• .r c lo 'F ,..T�} e✓%:f�. �•�,<.: '�i--'fin' -� `� `' ". ,•.;�T+- _r AN • ?k �. .. •Y. a. �� �` .;+ fi�It.� �, . _ J'' -rP; .T teary.-• Camelia Gardens Greenway Camelia Gardens Greenway WL 1000 Upl OF--1 35.31198"N 080.63760'W ± 16 ft WGS84 35.31233`N 080.63754'W ± 164 ft WG584 223.deg(T), 572 Ft, 2020-03-25 12,29:41-04.00 311 deg(T), 564 ft, 2020-03-25 12:42:05-04:00 R^J17 o.?*: jE ,��_ • �" �� 3 Camelia Gardens Greenway Camelia Gardens Greenway Upl OF-1 A 1000 Hyd Sail 35.31037°N 080.64146°W ± 16 ft WGS84 282 deg(T), 579 ft, 2020-03-25 13:53:20-04:00 IC I • � 3��# per ^'� • - �` r•- �, Awl',-, .k+ `� •" :GF '?tiy'iXi s S'- Camelia Gardens Greenway A A 1300 Hyd Soil 35.31047°N 080.64371°W ± 98 ft WGS84 114 deg(T), 516 ft., 2020-03-25 14:05:17-04:00 lid WIM .., .i jam,." .sue ! �- • ,r - k ... r•�.rx„ - r r - r y r h ���r:. � .��.?" .mil .'�� --.•�, `Y ir . .I AN Camelia Gardens Greenway Non-Hyd Soil Ditch in Uplands r 35.31027°N 080.64328°W ± 98 ft WGS84 210 deg{T), 346 ft, 2020-03-25 14:03:26-04:00 P- Aki L %mm � s7 � • A o y au;;_— Camelia Gardens Greenway Non-Hyd Soil Ditch in Uplands 35.30-97% 080.64444-W ± 458 ft WGS84 116 deg(T); 613 ft, 2020-03-25 14:13:48-04:00 1' "�"lei' :ir � • . r � '" e • C.KL• ; Its 1 , Camelia Gardens Greenway End Intermittent Tri6 headcut 35.31051'N 080.64354'W ± 16 ft WG584 35.31012'N 080.63958*W ± 33 ft WG584 20 deg(T), 567 ft, 2020-03-25 14:13;16-04:00 85 deg(T), 553 ft, 2020-03-25 14:42:01-04:00 J V Joe, Camelia Gardens Greenway Camelia Gardens Greenway Intermittent Trib DF3. WL 1200 35.31004'N 080.63959'W ± 16 ft WG584 35.31023'N 080.63974'W ± 98 ft WG584 92 deg(T)r 556 ft, 2020-03-25 14:42:06-04:00 186 deq(T), 447 ft, 2020-03-25 14:46:03-04:00 wi IN"AAAME"". 41 T fill T-F V Camelia Gardens Greenway Camelia Gardens Greenway DF3. WL 1200 WL 1200 to Upt tine 7/24/23, 10:11 AM wetlands-waters.com Mail - SAW-2018-02280 Camellia Gardens Off -Site Greenway- Shea HomesStallings Road J W TLAND5 Perry Isner <perryisner@wetlands-waters.com> J. & WATERS, INC. SAW-2018-02280 Camellia Gardens Off -Site Greenway- Shea HomesStallings Road 1 message CharlotteNCREG <Charlotte NCREG@usace.army. mil> Thu, Apr 23, 2020 at 8:58 AM To: Perry Isner <perryisner@wetlands-waters.com> Cc: "Janiczak, Catherine M CIV USARMY CESAW (USA)" <Catherine.M.Janiczak@usace.army.mil> Good Morning, On April 22, 2020 we received your request for approved jurisdictional determination for file number SAW-2018-02280 and forwarded it to Cathy Janiczak for further processing. Have a great day! Kindly, Lindsay A. Young Regulatory Program Assistant U.S. Army Corps of Engineers Charlotte Regulatory Office - Wilmington District Phone: 704.549.9791 o Lindsay. a.you ng@usace.army. mi I From: Perry Isner [maiIto: perryisner@wetlands-waters.com] Sent: Wednesday, April 22, 2020 8:56 AM To: CharlotteNCREG <CharlotteNCREG@usace.army mil> Cc: Matt Kearns <matt.kearns@sheahomes.com>; Tamp Bandy <jtampbandy@wetlands-waters.com> Subject: [Non-DoD Source] Request for Jurisdictional Determination/Delineation, Camellia Gardens Off -Site Greenway, Cabarrus County This request is being submitted using the January 2020 SAW JD Request Form. Save the mail attachment for your own records +/- 8328 East Broad Street Suite DStatesvilleWetlands & Waters, Inc.perryisner@wetlands-waters.comPerrylsner704.773.4239NC28677YesCabarrusF!gure 2. 04/20/2020F!gure 7. 04/20/2020n/aF!gure 3. 04/20/202035.31003-80.64044n/aFigure 5. 04/20/2020F!gure 6. 04/20/2020F!gure 1. 04/20/2020 PO BOX 707CONCORDCabarrus County SchoolsGeorge.Lowder@cabarrus.k12.nc.G. TimLowder704-260- 5671 NC28026404 404404404404404 RP1 RP1 RP1 RP1 R5R4 35.3118135.3119335.3101235.3103735.3100935.31051- 80.63792-80.63758-80.63958-80.64146-80.64061-80.64354acre acreacreacrefeetfeet 0.020.03 0.390.04135055RPWWN RPWWNRPWWNRPWWNRPWRPW NC NCNCNCNCNC WLA1000WLAll 00WLA1200WLA1300T1-Back CreekT2 55172138000000, 55170152360000F!eld photos, 03/25/2020OffSAW-2018-02280 (adjacent development)7293 RAGING RIDGE RDHARRISBURGNC280750ff-site greenway construct!on04/16/20208008 Corporate Center Dr. Suite 300ChadotteShea Homesmatt.kearns@sheahomes.comMafKeams704-602-3307NC282260ffCamellia Gardens Off -Site GreenwayFigure 4. 04/20/2020Offn/aDF1, DF2, DF3 https://mail.google.com/mail/u/0/?ik=c944bae4c9&view=pt&search=all&permthid=thread-f:1664768247510975925&simpl=msg-f:1664768247510975925 1 /1 7/24/23, 10:07 AM wetlands-waters.com Mail - SAW-2018-02280 Shea Homes, Camelia Gardens (JD Incomplete/Withdrawn) J WETLAND5 Perry Isner <perryisner@wetlands-waters.com> J. & WATERS, INC. SAW-2018-02280 Shea Homes, Camelia Gardens (JD Incomplete/Withdrawn) Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)<David.L.Shaeffer@usace.army.mil> Fri, Jun 5, 2020 at 9:01 AM To: Perry Isner <perry.isner@gmail.com> Hi Perry, As discussed via telephone this morning, please add this additional land to the previous determination Cathy made under the same file number since this is part of the same project. I don't need to conduct a field review of this delineation. Just submit the delineation report updates when you submit the PCN for the greenway impacts. Please make sure the PCN for the greenway impacts also includes the plans for the subdivision since they are part of the same single and complete project. Sincerely, David L. Shaeffer Project Manager/Geographer U.S. Army Corps of Engineers Charlotte Regulatory Office Desk: 704-510-1437 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 https://mail.google.com/mail/u/0/?ik=c944bae4c9&view=pt&search=all&permmsgid=msg-f:1668664149698040820&simpl=msg-f:1668664149698040820 1 /1