20240042 Ver 1_231222_LGI_LLC_NWP14-58_20231222

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
1a. Type(s) of approval sought from the Corps:
0 Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 & 58 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
❑x Yes ❑ 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:
❑ Yes Z No
For the record only for Corps Permit:
❑ Yes Z 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 No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2. Project Information
2a. Name of project:
Little Long Creek
2b. County:
Gaston
2c. Nearest municipality 1 town:
Dallas
2d. Subdivision name:
Little Long Creek
2e. NCDOT only, T.I.P. or state project no:
nla
3. Owner Information
3a. Name(s) on Recorded Deed:
LGI Homes-NC,LLC,
3b. Deed Book and Page No.
5298, 2157
3c. Responsible Party (for LLC if
applicable):
Melissa Burklin
3d. Street address:
1450 Lake Robbins Drive, Suite 430
3e. City, state, zip:
The Woodlands, TX 77380
3f. Telephone no.:
704-634-0644
3g. Fax no.;
n/a
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
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.:
nfa
N.- Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
3548112557
1b. Site coordinates (in decimal degrees):
Latitude: 35.32876 Longitude:-81.20794
1c. Property size:
177 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Little Long Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Santee, 03050102
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of a mixture of forested lands, vacant fields which were previously in agricultural use, existing single family residences, and an
existing sanitary sewer utility. The general land use in the vicinity of the project is primarily low density residential and agricultural.
3b. List the total estimated acreage of all existing wetlands on the property: 3.96
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1900
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a single family residential development in order to meet the growing demand for housing of this
type, in this region.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes the proposed development and supporting infrastructure including utilities, amenities, internal roadways, stormwater facilities,
etc. Typical earth moving equipment will be utilized including but not limited to pan, excavator, bulldozer, dump truck, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property 1
project (includingall prior phases)in the past?
0 Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
0 Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Perry Isner, Chris Huysman, Tamp Bandy
Agency/Consultant Company: W&W, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2022-01941
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes 0 No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑x Wetlands n 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.
C.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.001
W2 T
Excavation
Headwater Wetland
No
Corps
0.012
W3 P
Excavation
Bottomland Hardwood Forest
Yes
Corps
0,03
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:
0.043
2h. Comments:
As permanent conversion of forested wetlands is less than 0.1 acres, compensatory mitigation is not proposed for these impacts. All temporary impact
areas will be returned to pre -construction contours and seeded and stabilized with riparian / wetland seed mixture and straw mulch. Impacts W2 & W3
are proposed utilizing NWP 58; all other impacts are proposed utilizing NWP14.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
Tributary 1
PER
Corps
3
100
S2 T
Pump -around / temp. cons
Tributary 1
PER
Corps
3
53
S3 T
Pump -around 1 temp. cons
Tributary 2
PER
Corps
3
32
S4 P
Culvert
Tributary 1
PER
Corps
3
137
S5 T
Pump -around / temp. cons
Tributary 1
PER
Corps
3
42
S6
Choose one
-
3h. Total stream and tributary impacts
364
3i. Comments:
As permanent stream impacts are less than 0.02 acres, compensatory mitigation is not proposed for these impacts. All temporary impact areas will be
returned to pre -construction contours with stockpiled native sediments to ensure that aquatic function is not lost.
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 individual!y list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If arly impacts require mitigation, then you MUST fill out Section D of this form,
6a. Project is in which protected basin?
❑ Neuse ® Tar -Pamlico ❑ Catawba Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project has been carefully designed such that impacts to aquatic resources are only necessary for road crossings in order to access high ground, and
temporary impacts for the purpose of sanitary sewer construction. Extensive retaining walls exceeding a total of 1100 linear feet are proposed in
order to minimize stream impacts for the road crossings.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Project will be 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
❑Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes El No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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
1a. 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?
>24 aka
2b. Does this project require a Stormwater Management Plan?
Q Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project includes construction of several large, permanent Stormwater Control Measures as shown on the attached plans which will be designed and
constructed in order to meet Phase I I requirements.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Dallas
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Dallas
Q Phase 11
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
El USMP❑
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑Yes xQ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
HQW
4a. Which of the following state -implemented Stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (fed era llstatelloca1) funds or the
❑ Yes
No
use of public (federal/state) land?
1 b. If you answered "yes' to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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
❑ Yes
❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
❑c No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes
No
2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
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.
Project includes sanitary sewer construction which will tie into existing, on site facilities. Temporary wetland impacts, noted above,
are necessary for
construction of new sanitary sewer utility.
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
x Yes No
❑ ❑
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes x No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC NHP report shows no recorded observations of federally protected species within one mile of the project area. A pedestrian field survey was
conducted; no previously unidentified specimens of federally protected species were observed on site.
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?
NOAA EFH GIS
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO GIS
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?
❑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
Me j SSA u►�rram,
IZ-)q-2-3
Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01941 County: GastonU.S.G.S. Quad: NC -Gastonia North
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
LGIHomes-NC.LLC
Melissa Burklin
Address:
1450 Lake Robbins Drive Ste.430
The Woodlands, TX 77380
Telephone Number:
704-634-0644
E-mail:
melissa.burklin(a�lgihomes.com
Size (acres) 170.23 Nearest Town Dallas
Nearest Waterway Little Long Creek River Basin Santee
USGS HUC 03050102 Coordinates Latitude:35.32876
Longitude:-81.20794
Location description: Project is located Northwest of the intersection of Dallas Cherryville Highway and Dallas High Shoals
Hwy, near Dallas. Gaston County, North Carolina. PIN: 3548129196
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters onthe above described project area/property, thatmay be subjectto 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 thedelineation has been verified by the Corps to be sufficiently accurate andreliable. Theapproximate boundaries
of these waters are shownon the enclosed delineation mapdated 8/2/2022. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computationof
impacts, compensatory mitigation requirements, and otherresource protection measures, a permit decision made onthe basis of a
preliminary JD will treat a ll waters and wetlands that would be affected in any way by the permitted a ctivity onthe site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action underthe Regulatory Program
Administrative Appeal Process (Reference 33 CFRPart 331). However, you may request an approved JD,which is an appealable
action, by contactingthe Corps district for further instruction.
❑ There appearto be waters onthe above described project area/property, thatmay be subjectto 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 prelim inary determination is merely an effective pre sumption of C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable
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 consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto 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)(33USC§ 1344). Unless there is a change in law or ourpublished regulations, this determinationmay be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 of the Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our pub fished regulations, this determination maybe
relied upon fora period notto 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 notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a de lineation that can be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineation map dated DATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2022-01941
will provide an accurate depiction of all areas subject to C WA j urisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto 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 onDATE. Unless there is a change in the law or ourpublished regulations, this determinationmay 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 Section404 of the Clean WaterAct (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto 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 (LAMA).
You should contact the Division of Coastal Managementin Morehead City, NC, at [phone] to determine their
requirements.
Pla cem ent 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 3 01 of the Clean Water Act (3 3 USC § 1311). Placement of dredged or fill material, construction or
placementof 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/or403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
kr�stynka.b.stygar"sac e.a rmy.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the pro iect area exhibits criteria for waters of the U.S. as defined in 33
CFR 328, Regulatory Guidance letter 05-05, the 1987 Wetland Delineation Manual, and/or the
Regional Supplement for the 1987 Manual: Eastern Piedmont and Mountains v2.0: See the
preliminary jurisdictional determination form dated 08/26/2022.
D. Remarks: See approximate aquatic resources on map, "Little Long Creek- 0810212022"
E. Attention USDA Program Participants
This delineation/determination has beenconductedto identify the limits of Corps' Clean Water Act jurisdiction forthe particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Actof 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appealunder Corps regulations at 3 3 CFR Part 3 3 1. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat 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 anRFAform to the Division Office if you do notobject to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 08/26/2022 Expiration Date of JD: Not applicable

SAW-2022-01941
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/Pp=136:4:0
Copy furnished:
Agent: Wetlands and Waters, Inc
Perry Isner
Address: 328 East Broad Street
Statesville, NC 28677
Telephone Number: 704-773-4239
E-mail: perr is�La Aetlands-waters.com
Property Owner: LGI Homes -NC LLC
Melissa Burklin
Address: 1450 Lake Robbins Drive STE 430
The woodlands, TX 77380
Telephone Number: 704-634-0644
E-mail: melissa.burklinnlaomes.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: LGIHomes-NC.LLC,MelissaBurklin File Number: SAW-2022-01941
Date:08/26/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Penn it or Letter of permission)
A
PROFFERED PERMIT (Standard Penn it or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/Re"latoryProgramandPermits.aspx
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 yourwork is authorized. Your
signature on the Standard Penn it or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terns and conditions, and approved jurisdictional detenminations associated with the
permit.
• OBJECT: If you object to the perm it (Standard or LOP) because of certain term sand 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 appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof 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 yourwork is authorized. Your
signature on the Standard Penn it or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terns and conditions, and approved jurisdictionaldetenminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe 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 appealthe denialof a permit underthe 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 orappealthe 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 appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess 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 maybe appealed),
by contacting the Corps district for further instruction. Also you may provide new inform ation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasons 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 yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the a ppea I conference ormeeting, and any supplemental information that the review officerha s determined is needed to
clarify the administrative record. Neither the appellant northe 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/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Krystynka B Stygar
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOORM9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Charlotte, North Carolina28262
PHONE: [phone]; FAX[phone]
EMAIL: PHILIP.A.SHANI\lIN&USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investi yations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Kry stynka B Styg ar, 8430 University Executive Park Drive, Suite
615, Charlotte North Carolina28262
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. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 08/26/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: LGI Homes -NC, LLC, Melissa Burklin,
1450 Lake Robbins Drive Ste. 430, The Woodlands, TX 77380
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Little Long Creek, SAW-
2022-01941
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located Northwest of the
intersection of Dallas Cherryville Highway and Dallas High Shoals Hwy, near Dallas, Gaston County, North
Carolina. PIN: 3548129196
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Dallas
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.32876 Longitude: -81.20794
Universal Transverse Mercator:
Name of nearestwaterbody: Little Long Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: August 26,2022
❑Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amountof
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section404
reviewarea
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Wetland A1000
35.3260120
-81.203471
0.011 acres
Wetland
Section 404
Wetland A2000
35.331574
-81.205828
0.066 acres
Wetland
Section 404
Wetland A3000
35.328557
-81.204276
0.008 acres
Wetland
Section 404
Wetland B1000
35.3244110
-81.209202
2.28 acres
Wetland
Section 404
Wetland C1000
35.3244110
-81.207522
1.59 acres
Wetland
Section 404
Tributary 1
35.331321
-81.205376
615 LF
Non -wetland
Section 404
wate rs
Tributary 2
35.331185
-81.205348
220 LF
Non -wetland
Section 404
wate rs
Tributary 3
35.324399
-81.207155
1065 LF
Non -wetland
Section 404
Ovate rs

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Wetlands and Waters for LGI Homes
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑ Office concurs with data sheets/delineation report.
El Office doesnotconcurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
El Corps navigable waters' study:
El U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, 11/25/2020
® Natural Resources Conservation Service Soil Survey. Citation: Figure 4. 11/25/2020
®Nationalwetlands inventory map(s). Cite name: Figure 5, 11/25/2020
❑ State/localwetland inventory map(s):
® FEMA/FIRM maps: Figure 6, 11/25/2020
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date): CountyGIS,Fiore 2,11/25/2020
or ® Other (Name & Date): Field Photos take 11/19/2020
El 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 Corns
and should not be relied upon for later jurisdictional determinations.
4�A )*
Signature and date o Regulatory
staff member completing PJD
08/26/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)'
'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.

Potentially Jurisdictional
Potentially
Jurisdictional
Wetland Waters
of the U.S.
Wetland A3000
839 ft -0.008 ac
Potentially Jurisdictional;
Wetland Waters of the U.
Wetland B1000"
-2.28 ac r
a
Potentially Jurisdictional
Wetland Waters of the U.S.
Wetland C1000
-1.59 ac
0 300 600
1,200 Feet
Project Name:
WETLAN os
Owner/Develop
�& WATERS, NG.
City/County:
Figure 1: Approximate Delineation of
Tax PIN(s):
Surface Waters and Wetlands
Coordinates:
834 Waters of the U.S.
�r Tributary 2
-220 LF
c'
Potentially Jurisdictional
Wetland Waters Hof the U.S.
Wetland A2000
-0.066 ac lf(
I
c Potentially
..Jurisdictional
Waters of the
U.S.
Tributary 1
-615 LF
Potentially
Jurisdictional
Wetland Waters
of the U.S.
Wetland A1000
A �-0.011 ac
Potentially Jurisdictional
Waters of the U.S.
Tributary 3
-1065 LF
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Little Long Creek N
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3548129196 S
Lat: 35.32876 Long:-81.20794 Date: 08-02-2022

I WETLANDS
y Y4w& WATERS, INC.
Melissa Burklin
LGI Homes -NC, LLC
1450 Lake Robbins Drive
Suite 430
The Woodlands, TX 77380
RE: Threatened and Endangered Species Evaluation
Little Long Creek
Dallas, Gaston County, NC
PIN: 3548129196
Ms. Burklin,
10-10-2022
Wetlands & Waters, Inc. (W&W) has completed an evaluation of the above referenced property
assemblage (hereafter referred to as "review area") for Federal threatened and endangered species and
potentially suitable habitat for those species known to occur in Gaston County, NC and for which are
applicable to the optimal survey window at the time of this report. This report may be used by the U.S.
Army Corps of Engineers (or other Lead Federal Agency such as FEMA) to determine if additional
coordination will be necessary to satisfy requirements of the Endangered Species Act.
For the purpose of this report, the review area is located at the end of Meadow Way Drive and abutting
Dallas High Shoals Highway in Dallas, Gaston County, NC.
Methodology
Evaluation of the review area included a report of known species and critical habitat occurrences within
or in close proximity to the project area from the North Carolina Natural Heritage Program (NHP)
database (Attachment B); field reviews of known extant populations of species that may potentially be
present; and on -site field evaluations of potentially suitable habitat for Federally listed species known to
occur in Gaston County, conducted on September 26, 2022. The site evaluation focused on Michaux's
Sumac (Rhus michauxii), Schweinitz's Sunflower (Helianthus schweinitzii), Smooth Coneflower
(Echinacea laevigata), Dwarf -flowered Heartleaf (Hexastylis naniflora), Northern Long -Eared Bat
(Myotis septentrionalis), and Bog Turtle (Glyptemys muhlenbergii) within potentially suitable habitat
areas in the review area. Photographs documenting reference populations (if applicable) and existing site
conditions are included in Attachment C.
Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic
characteristics for species that may be present. When practical, known populations of Federal threatened
and endangered species are referenced in a non -intrusive manner for confirmation of seasonal growth
patterns, diagnostic features, and behavioral characteristics.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

I WETLANDS
y Y4w& WATERS, INC.
Species Profile
Michaux's Sumac (Rhus michauxii)
Michaux's Sumac grows in sandy or rocky open woods on sandy or sandy loam soils with low cation
exchange capacities and appears to depend on some form of disturbance to maintain the open quality of
its habitat. This disturbance may be in the form of fire, wind throws, or openings created by roads,
railroads and utility rights of way (U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological
Services Field Office, 2021). `
Schweinitz's Sunflower (Helianthus schweinitzii)
Habitat for Schweinitz's Sunflower includes clearings and edges of upland woods, thickets, and pastures.
The species is found along roadsides, powerline clearings, old pastures, and woodland openings.
Schweinitz's Sunflower requires disturbance (blowdowns, storm, or fire) to create open areas for full
sunlight, but may also grow in open stands of trees with minimal shade. Soils may be either shallow,
sandy with high gravel content, or a clayey hardpan. The sunflower may prefer soils derived from basic
material (Krings, Goyette, Suiter, & Samuels, 2021).
Smooth Coneflower (Echinacea laevi a�ta)
Smooth Coneflower is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone
bluffs and power line rights -of -way. The species is usually found on magnesium and calcium rich soils
associated with amphibolite, dolomite or limestone (in VA), gabbro (in NC and VA), diabase (in NC and
SC) and marble (in SC) (U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services
Field Office, 2011). The best Echinacea laevigata populations receive abundant sunlight and little
competition from other plant species (Gaddy 1991, as referenced in U.S. Fish & Wildlife Service
Southeast Region, Raleigh Ecological Services Field Office, 2011).
Dwarf -flowered Heartleaf (Hexastylis nani ora)
The Dwarf -flowered Heartleaf is typically associated with deciduous canopy conditions, slope aspects
ranging from fifteen to twenty-five percent, and is often associated with the species Kalmia latifolia or
Asimina triloba and the soil types Pacolet, Madison, or Musella. Flowering occurs from mid -March to
early June and are jug -shaped, typically ranging from 0.23-5" long and 0.15-0.27" in diameter. The
species grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek
heads, and along the slopes of nearby hillsides and ravines (Marshall, 2019). We will do surveys during
the optimal survey window for Dwarf -flowered Heartleaf if species of Hexastylis are observed at the time
of field review.
Northern Long -Eared Bat (Myotis septentrionalis)
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.
Confirmed hibernation and maternity sites for this species are limited to a selection of western counties of
North Carolina; however, Gaston County lies within the NLEB range and White -Nose Syndrome Zone
per the final 4(d) Rule.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

I4we WETLANDS
y �,C & WATERSp INC.
The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius
of the review area. The review area may provide limited potential to host the NLEB in forested portions
of the site, but other aspects of suitable habitat such as bridges or mine shafts are not present on -site.
W&W did not observe evidence of the species during the field review.
Bog Turtle (Glyptemys muhlenber�ii)
In the November 4, 1997 Federal Register (55822-55825), the southern population of the Bog Turtle
(from Virginia to Georgia) was listed as T(S/A); the designation bans the collection and interstate and
international commercial trade of bog turtles from the southern population. The T (S/A) designation has
no effect on land management activities by private landowners in North Carolina. Taxa listed as T(S/A)
are not biologically endangered or threatened and are not subject to Section 7 consultation (U.S. Fish &
Wildlife Service, 2020). Bog Turtle habitat consists of mud, grass and sphagnum moss of bogs, swamps,
and marshy meadows (U.S. Fish & Wildlife Service, 2011), with microhabitats that include dry,
saturated, and periodically flooded areas (Service U. F., 2020).
Findings
The review area is an approximately 1703-acre parcel. Forested canopy conditions occur in the southern
portion of the review area, with a mature canopy and a high abundance of exotic species in the
understory. Historic aerials indicate pine stands were planted between 1993 and 1998 on the western
property boundary. From 1993 to 2015 the center of the review area was primarily fields and it appears
that pines were planted in the central fields in October of 2016. The westernmost pine stand on -site
appears to have been timbered in 2018. The northeastern field appears to have been in agriculture since at
least 1993. The land use is currently vacant with pine stands in the center of the review area and
agricultural fields throughout. The site is underlain by Appling sandy loam, 1 to 6 percent slopes, Cecil
sandy clay loam, Chewacla loam, Madison sandy clay loam, and Pacolet sandy clay loam. Potentially
suitable habitat for the Michaux's Sumac, Schweinitz's Sunflower, and Smooth Coneflower is limited to
roadsides and field edges. The powerline ROW in the northeastern corner of the review area appears to be
chemically treated and is not suitable habitat.
Potentially suitable habitat is present for Michaux's Sumac, Schweinitz's Sunflower, and Smooth
Coneflower; however, no individuals were found during the site evaluation. The results of the field survey
are illustrated on the attached figure, Threatened and Endangered Species Survey.
See the report entitle Delineation of Waters of the US compiled by Wetlands and Waters, Inc for the
subject property for the locations of potential habitats for aquatic and semiaquatic species. Southern Bog
Turtles are threatened because of their close morphological similarity of appearance to the endangered
Northern Bog Turtle; none of the wetlands on site were deemed to be suitable habitat for this species.
There are no known hibernacula for Northern Long-eared Bat in the vicinity of the project based on the
US Fish and Wildlife database for watersheds that are occupied by the species. The project is entirely
outside of areas known to be occupied by the species. The project appears to meet the criteria for the 4(d)
rule exemption and our conclusion is that a "may affect not likely to adversely affect" determination is
appropriate.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

I4we WETLANDS
y �,C & WATERSp INC.
Recommendations
W&W conducted evaluations of plant communities and potentially suitable habitat for the federally listed
Michaux's Sumac, Schweinitz's Sunflower, Smooth Coneflower, Dwarf -flowered Heartleaf, Northern
Long -Eared Bat, and Bog Turtle within the Little Long Creek review area. Although potentially suitable
habitat is present for Michaux's Sumac, Schweinitz's Sunflower, and Smooth Coneflower, no individuals
were observed within the review area. Because of this species' apparent absence from the review area, it
is our assessment that a "may affect not likely to adversely affect" determination is appropriate and no
further action is recommended at this time.
This concludes our assessment of the presence or absence of the Federally endangered Michaux's Sumac,
Schweinitz's Sunflower, Smooth Coneflower, Dwarf -flowered Heartleaf, Northern Long -Eared Bat, and
Bog Turtle and the presence of suitable habitat for those species. Should you require more information
regarding the results of our evaluation, please do not hesitate to contact us.
Sincerely,
Chris Huysman
[phone]
Enclosures: Delineation of Waters of the U.S.
Threatened and Endangered Species Survey
Attachment A. NCDOT Project ATLAS: Schweinitz's Sunflower Potential Habitat Model
Attachment B. North Carolina Natural Heritage Program Report
Attachment C. Field Photographs
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

I WETLANDS
y Y4w& 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/Hellanthus_schwelnitzil NHP.pdf
U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services Field Office. (2011). Smooth
Coneflower (Echinacea laevigata) 5-Year Review: Summary and Evaluation. Raleigh, NC: U.S.
Fish & Wildlife Service.
U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological Services Field Office. (2021).
Michaux's Sumac (Rhus michauxii) 5-Year Review: Summary and Evaluation. Raleigh: Raleigh
Ecological Services Field Office, U.S. Fish & Wildlife Service.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

Potentially Jurisdictional
Potentially
Jurisdictional
Wetland Waters
of the U.S.
Wetland A3000
839 ft -0.008 ac
Potentially Jurisdictional;
Wetland Waters of the U.
Wetland B1000"
-2.28 ac r
a
Potentially Jurisdictional
Wetland Waters of the U.S.
Wetland C1000
-1.59 ac
0 300 600
1,200 Feet
Project Name:
WETLAN os
Owner/Develop
�& WATERS, NG.
City/County:
Figure 1: Approximate Delineation of
Tax PIN(s):
Surface Waters and Wetlands
Coordinates:
834 Waters of the U.S.
�r Tributary 2
-220 LF
c'
Potentially Jurisdictional
Wetland Waters Hof the U.S.
Wetland A2000
-0.066 ac lf(
I
c Potentially
..Jurisdictional
Waters of the
U.S.
Tributary 1
-615 LF
Potentially
Jurisdictional
Wetland Waters
of the U.S.
Wetland A1000
A �-0.011 ac
Potentially Jurisdictional
Waters of the U.S.
Tributary 3
-1065 LF
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OS�19 A Geodatasty f en, Ryl�swat ist ��, Geoland, FEMA,,ntermap and
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uni y Ma�bnntributors, County'�,Gaston,
State of North rolina DOT, ©// reetMap, I�'i�cr�osoft, Esri, HERE,�armin,
SafeGrap , GeoTechnolog'-as, Inc, METI/NASA, U S, EPA, NPS, US C.bnsus
Bureau, USDA
X
Little Long Creek N
LG I W+E
Dallas/Gaston
3548129196 S
Lat: 35.32876 Long:-81.20794 Date: 08-02-2022

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Attachment A:
NCDOT Project ATLAS
Schweinitz's Sunflower Potential
Habitat Model

Legend
Schweinitzs�
Sunflower
0
Potential Habitat lie
High
Moderate
Low
No model output
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op
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o
e�
C O
0 325 650 1,300 Feet g E
Project Name. Little Long Creek N
`�ti�,/ WET4,AN oe Owner/Developer: LGI w+E
1 1 & WATERS, INC. City/County: Dallas/Gaston
Tax PIN(s): 3548129196 5
NCDOTATLAS Schweinitz's Sunflower Model Coordinates:
Lat: 35.32876 Long:-81.20794 Date: 10-07-2022

Attachment B
North Carolina Natural Heritage
Report

Roy Cooper, Governor
on
■o INC DEPARTMENT OF
N )
■■minim NATURAL AND CULTURAL RESOURCES
■ ■®■
October 7. 2022
Drew Lucas
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Little Long Creek
Dear Drew Lucas:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
IR \�701IdDTMLoo ' Kel
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
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 found within the project area or is 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.
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 Federally -
listed species are 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
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
09 121 L4 JC)NES STF EET, RALEK_,H. NC 27603 - 1651 r�IAUL 6EPVICE CENTER, PALEIGH. NC
OFC 919 7U7.9120 • FAX [phone]

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I WETLANDS
y Y4w& WATERS, INC.
Melissa Burklin
LGI Homes -NC, LLC
1450 Lake Robbins Drive
Suite 430
The Woodlands, TX 77380
RE: Threatened and Endangered Species Botanical Evaluation
Little Long Creek
Dallas, Gaston County, NC
PIN:3548129196
Ms. Burklin,
June 7, 2023
Wetlands & Waters, Inc. (W&W) has completed a desktop and field evaluation for federally protected
species known to occur in the county of the above referenced property (hereafter referred to as "review
area"). The desktop evaluation was conducted for all species known or suspected to be present in Gaston
County. A field evaluation was conducted for the presence of potentially suitable habitat and element
occurrences of Dwarf -flowered Heartleaf (Hexastylis nan flora), a Federally -designated Threatened
species known to occur in Gaston County, NC. Additional field evaluations may be required for other
botanical species during their appropriate flowering seasons.
The desktop evaluation included a North Carolina Natural Heritage Program report of known species and
critical habitat occurrences within or in close proximity to the review area (Attachment B) and the field
evaluation of potentially suitable habitat conducted April 13, 2023. Photographs documenting existing
conditions are included in Attachment C.
Work associated with a Nationwide Permit verification request cannot commence until the U.S. Army
Corps of Engineers (the lead federal permitting agency) has made an effect determination (i.e. No Effect;
May Affect, Not Likely to Adversely Affect (MANLAA); and May Affect, Likely to Adversely Affect)
as to the potential for impacts to Federally Threatened, Endangered, and proposed
Threatened/Endangered species and their Critical Habitat. This report may be used by the U.S. Army
Corps of Engineers (or other Lead Federal Agency) to determine if additional coordination will be
necessary to satisfy requirements of the Endangered Species Act.
For the purpose of this report, the review area is located at the end of Meadow Way Drive and abutting
Dallas High Shoals Highway in Dallas, Gaston County, NC. The review area is indicated on the attached
Figure 1, with field survey observation locations indicated by camera icons.
Species Profiles and Desktop Analysis
Tricolored Bat (Perimyotis subflavus)
Tricolored bats are three to three and a half inches long. Their tricolored name derives from their fur
being dark at the base, light in the middle, and then dark at the tips. They forage in the early evening
typically preferring field edges and over waterways. During the winter they hibernate in caves and mines.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

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In areas with few caves, they can be found in culverts, barns, tree cavities, and abandoned water wells.
Their breeding season begins in the fall. There is potentially suitable habitat for this species within the
review area. The Tricolored bat is listed as proposed endangered and has limited protections under the
regulations until it is up -listed to endangered.
Bog Turtle (Glyptemys muhlenbergia)
In the November 4, 1997 Federal Register (55822-55825), the southern population of the Bog Turtle
(from Virginia to Georgia) was listed as T(S/A); the designation bans the collection and interstate and
international commercial trade of bog turtles from the southern population. The T (S/A) designation has
no effect on land management activities by private landowners in North Carolina. Taxa listed as T(S/A)
are not biologically endangered or threatened and are not subject to Section 7 consultation (U.S. Fish
&Wildlife Service, 2020). Bog Turtle habitat consists of mud, grass and sphagnum moss of bogs,
swamps, and marshy meadows (U.S. Fish & Wildlife Service, 2011), with microhabitats that include dry,
saturated, and periodically flooded areas (Service U. F., 2020). The wetlands within the review area were
assessed as not being potentially suitable habitat for this species.
Dwarf -flowered Heartleaf (Hexastylis naniflora)
The Dwarf -flowered Heartleaf is typically associated with deciduous canopy conditions, slope aspects
ranging from fifteen to twenty-five percent, and is often associated with the species Kalmia latifolia or
Asimina triloba and the soil types Pacolet, Madison, or Musella. Flowering occurs from mid -March to
early June and are jug -shaped, typically ranging from 0.23-5" long and 0.15-0.27" in diameter. The
species grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek
heads, and along the slopes of nearby hillsides and ravines (Marshall, 2019). There is potentially suitable
habitat for this species within the review area.
Michaux's Sumac (Rhus michauxia)
Michaux's Sumac grows in sandy or rocky open woods on sandy or sandy loam soils with low cation
exchange capacities and appears to depend on some form of disturbance to maintain the open quality of
its habitat. This disturbance may be in the form of fire, wind throws, or openings created by roads,
railroads and utility rights of way (U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological
Services Field Office, 2021). There is potentially suitable habitat for this species along roadsides and field
edges. W&W conducted field evaluations for this species September 26, 2022 and found no individuals
during the site evaluation.
Schweinitz's Sunflower (Helianthus schweinitzia)
Habitat for Schweinitz's Sunflower includes clearings and edges of upland woods, thickets, and pastures.
The species is found along roadsides, powerline clearings, old pastures, and woodland openings.
Schweinitz's Sunflower requires disturbance (blowdowns, storm, or fire) to create open areas for full
sunlight, but may also grow in open stands of trees with minimal shade. Soils may be either shallow,
sandy with high gravel content, or a clayey hardpan. The sunflower may prefer soils derived from basic
material (Krings, Goyette, Suiter, & Samuels, 2021). There is potentially suitable habitat for this species
along roadsides and field edges. W&W conducted field evaluations for this species September 26, 2022
and found no individuals during the site evaluation.
Smooth Coneflower (Echinacea laevigata)
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

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y �,C & WATERSp INC.
Smooth Coneflower is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone
bluffs and power line rights -of -way. The species is usually found on magnesium and calcium rich soils
associated with amphibolite, dolomite or limestone (in VA), gabbro (in NC and VA), diabase (in NC and
SC) and marble (in SC) (U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services
Field Office, 2011). The best Echinacea laevigata populations receive abundant sunlight and little
competition from other plant species (Gaddy 1991, as referenced in U.S. Fish & Wildlife Service
Southeast Region, Raleigh Ecological Services Field Office, 2011). There is potentially suitable habitat
for this species along roadsides and field edges. W&W conducted field evaluations for this species
September 26, 2022 and found no individuals during the site evaluation.
Desktop Analysis Findings
W&W conducted desktop analysis for federally protected species that are known to occur within this
project's county. Potentially suitable habitat for the Michaux's Sumac, Smooth Coneflower, and
Schweinitz's Sunflower is present within the review area, however field surveys were conducted
September 26, 2022, during their optimal survey window, and no individuals were identified.
Additionally, there is a protected bat species listed for Gaston County and potentially suitable habitat is
present within the review area for this species. This bat species may require additional surveying
following USFWS developing protocol for that work.
Field Evaluation Findings
The review area contains limited slope, aspect, soils series, and forested canopy conditions that provide
potentially suitable habitat for the Dwarf -flowered Heartleaf. W&W focused field survey efforts on
Dwarf -flowered Heartleaf due to there being potentially suitable habitat present for this species within the
site. Potentially suitable habitat areas were evaluated for occurrences of Hexastylis species, as indicated
on Figure 1 by camera icon locations. Two populations of Hexastylis species were observed within the
review area. Both of these population's species were identified as Hexastylis heterophylla. The
individuals identified had flowers averaging a width of 10-12 millimeters wide. The review area
contained limited presence of associated plant species such as Kalmia latifolia and Asimina triloba, and
associated soil types such as Pacolet, Madison, and Musella. The Natural Heritage Program Report
indicates no known occurrences of Hexastylis nan flora within a one -mile radius of the review area.
Conclusions
W&W has concluded that a desktop protected species evaluation is suitable for a MANLAA
determination for the following species based on various environmental conditions within the review area.
Southern Bog Turtles are threatened because of their close morphological similarity of appearance to the
endangered Northern Bog Turtle; none of the wetlands on site were deemed to be suitable habitat for this
species. It is our opinion that a MANLAA determination is appropriate for this species.
W&W conducted targeted field evaluations of plant communities for potentially suitable habitat and
element occurrences of the federally protected plants that cannot be precluded from being present based
on various environmental conditions. Dwarf -flowered Heartleaf field evaluations were conducted within
the Little Long Creek project area because of site conditions being suitable for it. Potentially suitable
habitat for Dwarf -flowered Heartleaf is present in the review area; however, evaluation of potentially
suitable habitat on -site indicates the apparent absence of Dwarf -flowered Heartleaf from the review area.
Because Dwarf -flowered Heartleaf is not present, it is our assessment that there is no potential for a
`Take', and a "May Affect, Not Likely to Adversely Affect" (MANLAA) determination is appropriate.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

I WETLANDS
y Y4w& WATERS, INC.
Should you require more information regarding the results of our evaluation, please do not hesitate to
contact us.
Sincerely,
Drew Lucas Perry Isner
540.529.2580 704.773.4239
Enclosures: Figure 1. Hexastylis Survey Photo Locations
Attachment A. NCDOT Project ATLAS: Dwarf -flowered Heartleaf Potential Habitat
Model
Attachment B. North Carolina Natural Heritage Program Report
Attachment C. Field Photographs
Attachment D. U.S. Fish and Wildlife Service iPaC Species List 06/05/2023
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
4

I WETLANDS
y Y4w& 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/Hellanthus_schwelnitzil NHP.pdf
Marshall, M. E. (2019). Species Status Assessent for Dwarf -flowered Heartleaf (Hexastylis naniflora).
Atlanta: U.S. Fish & Wildlife Service.
U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological Services Field Office. (2021).
Michaux's Sumac (Rhus michauxii) 5-Year Review: Summary and Evaluation. Raleigh: Raleigh
Ecological Services Field Office, U.S. Fish & Wildlife Service.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

Legend
Q Review Area
Approximate Photo
Locations
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, �,.m..rv� min c�xwrn' ca ret we , s�.re
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Pmjed Name
Little Long Creek
N
W ETLAN os
©w^err Developer:
LGI
w�E=
S WATERS, INC.
City: C.n-ty
Dallas(Gaston
Federally Threatened and Endangered Species Survey
Tax PINN
3543173196
S
Coordinates:
Lat, 35, 32876
Long:-81.20794
Date: 06-07-2023

Attachment A
NCDOT Project ATLAS:
Dwarf -flowered Heartleaf Potential
Habitat Model

Attachment B
North Carolina Natural Heritage
Program Report

Roy Cooper, Governor
on
■o INC DEPARTMENT OF
N )
■■minim NATURAL AND CULTURAL RESOURCES
■ ■®■
October 7. 2022
Drew Lucas
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Little Long Creek
Dear Drew Lucas:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
IR \�701IdDTMLoo ' Kel
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
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 found within the project area or is 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.
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 Federally -
listed species are 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
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
09 121 L4 JC)NES STF EET, RALEK_,H. NC 27603 - 1651 r�IAUL 6EPVICE CENTER, PALEIGH. NC
OFC 919 7U7.9120 • FAX [phone]

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Attachment C
Field Photographs

DIRECTION 35.32404°N ACCURACY 6 m DIRECTION 35.33124°N ACCURACY 5 m
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DIRECTION 35.33123°N ACCURACY 4 m DIRECTION 35.33134°N ACCURACY 4 m
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Creek Creek

DIRECTION 35.33131°N ACCURACY 5 m DIRECTION 35.33150°N ACCURACY 6 m
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Creek Creek No flowers
DIRECTION 35.33166°N ACCURACY 6 m DIRECTION 35.33142°N ACCURACY 4 m
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Creek None observed Creek
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DIRECTION 35.33138°N ACCURACY 14 m DIRECTION 35.33169°N ACCURACY 7 m
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Creek Creek
DIRECTION 35.33163°N ACCURACY 6 m DIRECTION 35.33172°N ACCURACY 4 m
147 deg(T) 081.20659°W DATUM WGS84 173 deg(T) 081.207180W DATUM WGS84
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Hex. Survey
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DIRECTION 35.32404°N ACCURACY 4 m
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Creek

Attachment D
U.S. Fish and Wildlife Service iPaC
Species List

IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction
that are known or expected to be on or near the project area referenced below. The list may also
include trust resources that occur outside of the project area, but that could potentially be directly or
indirectly affected by activities in the project area. However, determining the likelihood and extent of
effects a project may have on trust resources typically requires gathering additional site -specific (e.g.,
vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities)
information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section.
Location
Gaston County, North Carolina
Local office
Asheville Ecological Services Field Office
t. [phone]
JEJ [phone]
160 Zillicoa Street
Asheville, NC 28801-1082

Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the
species range if the species could be indirectly affected by activities in that area (e.g., placing a dam
upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the
species by reducing or eliminating water flow downstream). Because species can move, and site
conditions can change, the species on this list are not guaranteed to be found on or near the project
area. To fully determine any potential effects to species, additional site -specific and project -specific
information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area of
such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal
agency. A letter from the local office and a species list which fulfills this requirement can only be
obtained by requesting an official species list from either the Regulatory Review section in IPaC (see
directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website and
request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries ).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list.
Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more information.
IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS

Tricolored Bat Perimyotis subflavus
Proposed Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Reptiles
NAME
Bog Turtle Glyptemys muhlenbergii
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6962
Insects
NAME
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
STATUS
SAT
STATUS
Candidate
- -Mi�
Flowering Plants 1P
NAME
Dwarf -flowered Heartleaf Hexastylis na a
Wherever found .0
No critical habitat has been designated fort 'is species.
https://ecos.fws.gov/ecp/species/2458
Michaux's Sumac Rh s michauxii
Vherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3473
STATUS
Threatened
Endangered
Endangered
Threatened

Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects on all above
listed species.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gQv//program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds
s.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ below.
This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list
will be found in your project area. To see exact locations of where birders and the general public have
sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your
location, desired date range and a species on your list). For projects that occur off the Atlantic Coast,
additional maps and models detailing the relative occurrence and abundance of bird species on your
list are available. Links to additional information about Atlantic Coast birds, and other important
information about your migratory bird list, including how to properly interpret and use your migratory
bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the
top of your list to see when these birds are most likely to be present and breeding in your project area.
NAME BREEDING SEASON

Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development or
activities.
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 to Oct 10
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
https://ecos.fws.gov/ecp/species/2974
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Breeds Apr 28 to Jul 20
Breeds Mar 15 to Aug 25'
Breeds May 1 to Aug 20
Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
I # , 4%�X4�
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep 10
Breeds elsewhere

Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project activities
to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this
report.
Probability of Presence( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar
indicates a higher probability of species presence. The survey effort (see below) can be used to establish
a level of confidence in the presence score. One can have higher confidence in the presence score if the
corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in the week
where the species was detected divided by the total number of survey events for that week. For
example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them,
the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence is
calculated. This is the probability of presence divided by the maximum probability of presence
across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week
of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25
= 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is
expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe

Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on all
years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR IAAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle Nn-BCC 0 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 111L IIII loss
Vulnerable
Black -billed Cuckoo BCC Rangewide I+++ ++++ ++++ +f I I I I I
(CON)
I I I I I I I I I I I I I I I I I I I I ++++ ++++
Cerulean Warbler I+++ ++++ ++++ A, I I I I I I I I I I I I I I++++ ++++ TTT+ ++++ ++++
BCC Rangewide
(CON)
Chimney Swift BCC Rangewide �-+++ +��+ J I I 66 I�I�Y11 1111 1111 1111 1100 + ++
(CON)
Eastern Whip -poor-
-ill I+++
BCC Rangewide
(CON)
Kentucky Warbler
++++ ++++
++++ + J l I I 11 I
BCC Rangewide
(CON)
Prairie Warbler
++++ ++++
ll
+T4
BCC Rangewide
(CON)
Prothonotary
+++�
Warbler
BCC Rangewide
(CON)
Red-headed 0001
Oslo
Woodpecker
BCC Rangewide
(CON)
NV
1111
1 1 1 1 1 1 1 1"I 1' M++++ ++++
IIII 1111 1111 IIII IIII 1111 II +
Rusty Blackbird BCC -BCR I I tt"11i �tT ++ +� +++1 1111 11 1 1 1111++++ ++ I I OW 11�1
Wood Thrush ����
BCC Rangewide
(CON)
1111 1111 1111 [phone] II++ ++++
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur in
the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding
their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be
advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on
your project site.

What does IPaC use to generate the list of migratory birds that potentially occur in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN).
The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and
filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and
that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle
Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project
area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in
my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network (AKN). This data is derived from a growing collection of survey., banding. and citizen science
datasets.
Probability of presence data is continuously being updated as new and better information becomes available. To learn
more about how the probability of presence graphs are produced and how to interpret them, go the Probability of
Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
Wk
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-
round), you may query your location using the RAII Tn, and look at the range maps provided for birds in your area at
the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a
breeding season associated with it, if that bird does occur in your project area, there may be nests present at some
point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your
project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the
Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types
of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid
and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more
information on conservation measures you can implement to help avoid and minimize migratory bird impacts and
requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of bird
species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also
offers data and information about other taxa besides birds that may be helpful to you in your project review.

Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including
migration. Models relying on survey data may not include this information. For additional information on marine bird
tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act
should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern.
To learn more about how your list is generated, and see options for identifying what other birds may be in your project
area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified
location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey
effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high
survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as
more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of
concern have the potential to be in your project area, when they might be there, and if they might be breeding (which
means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in
knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation
measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust
resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss
any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
There are no fish hatcheries at this location.

Wetlands in the National Wetlands Inventory (NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of
the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers
District.
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this
location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on
the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use
of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the
amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata
should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and the
actual conditions on site.
i "N'V,
Data exclusions rV .
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery
as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic
vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some
deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These
habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local
agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.

9/19/23, 6:29 AM
wetlands-waters.com Mail - 401 Pre -file, Little Long Creek
WETLANDS
INC.
401 Pre -file, Little Long Creek
1 message
Perry Isner <[e-mail]>
To: 401 [e-mail]
Perry Isner <[e-mail]>
Wed, Aug 2, 2023 at 11:38 AM
This email serves as the required 30-day pre -filing notification to your agency of an impending 401 application for impacts
to aquatic resources.
Applicant: LGI Homes NC, LLC
Project Name: Little Long Creek
Lat/Long:35.32876,-81.20794
County: Gaston
Perry Isner
Wetlands & Waters, Inc.
328 East Broad St. Suite D
Statesville, NC 28677
704.773.4239
perryisner@wetlands-waters. coal
WETLANDS
WATERS
The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the
individual or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby
notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please
immediately notify us by return email or telephone if the sender's phone number is listed above, then promptly and permanently delete
this message. Thank you for your cooperation and consideration.
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