20160411 Ver 1_Application_20160427

HUYSMAN & BANDY, INC.
WETLAND AND ENVIRONMENTAL CONSULTANTS
Mr. William Elliott
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
CC
RE
NC DWR, 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699
AID SAW -2015-01886
Austin Corners
2400 Barr Road, Concord, NC
Mr. Elliott,
April 22nd, 2016
20160411
�IMW9
Attached please find a Pre -Construction Notification for a Nationwide Permit 29 for a
residential subdivision planned near Concord, NC in Cabarrus County. The impacts associated
with this project total 124 linear feet of permanent stream impacts and 0.087 acres of
permanent wetland impacts. Construction of an open cut sanitary sewer a 11 lso involves 22 linear
feet of temporary stream impacts and 0.045 acres of temporary wetland impacts.
Project Purpose
The purpose of the proposed project is to construct a residential subdivision to provide housing
for an area where similar opportunities are lacking for this economic sector. Impacts are
necessary for access to high ground and to maximize return through net leasable space.
Proiect Need
The residential development is needed to meet the growing housing demands of the region and
to fulfill the economic expectations of the owner. The sanitary sewer is necessary for
appropriate removal and treatment of the wastewater generated from this development,
another requirement of the Clean Water Act.
Project Description
The project consists of the construction of the residential sub -development as well as a sanitary
sewer line to service the residents of this development and two large stormwater BMP's in
order to comply with Phase II requirements. All permanent impacts to Waters of the US have
been avoided with the exception of one road crossing, which is necessary to access high
ground, and a small amount of wetland fill necessary for the grading of a cul-de-sac, per DOT
specifications. This fill slope is not intended to increase lot yield. The culvert crossing requires
impacts to 124 linear feet of low quality intermittent channel, as well as 0.01 acres of wetlands
which is adjacent to the channel.
Christopher Huysman Tamp Bandy
170 Dew Drop Road 4108 LB Propst Drive
Sparta, NC 28675 Conover, NC 28613
336 406.0906 828 302.3437
[e-mail] JTampBandy@gmad com

HUYSMAN & BANDY, INC.
WETLAND AND ENVIRONMENTAL CONSULTANTS
Temporary impacts totaling 22 linear feet of intermittent channel and 0.045 acres of wetlands
are necessary for the construction of an open cut sanitary sewer to properly dispose of
wastewater. The work easement for this temporary crossing is approximately 20 feet wide.
The temporarily impacted area will be restored to pre -construction contours and will be live
staked and allowed to re -naturalize following completion of construction activities. For this
reason there will be no loss of waters associated with this temporary impact.
Both of the stormwater basins have been strategically placed to be located outside of the 100 -
year floodplain and to avoid any impacts to wetlands or waters. These BMP's provide sufficient
stormwater treatment to adhere to Phase II standards and will be under review of the local
delegated stormwater authority.
Standard heavy earth -moving equipment will be used, including but not limited to excavator,
dump trucks, bulldozer, skid -steer, etc. Following construction all temporary impacts will be
restored to original conditions through appropriate bio -engineering practices, and allowed to
re -naturalize.
Avoidance and Minimization
Extensive efforts have been made to avoid impacts to jurisdictional waters and wetlands
wherever possible, and the proposed site layout has been carefully designed to limit loss of
waters. Permanent impacts total less than 150 linear feet of stream and 1/10th acre of
wetlands. These impacts are necessary for a road crossing to access high ground and for the
installation of sanitary sewer to properly dispose of and treat wastewater, another condition of
the Clean Water Act.
Mitigation
As permanent impacts associated with this project total less than 150 linear feet of permanent
stream impacts and 1/10th acre of wetland impacts, no compensatory mitigation is proposed.
Please do not hesitate to let me know if you have any questions or if further information is
required to process this request.
Best regards,
Perry Isner
Christopher Huysman Tamp Bandy
170 Dew Drop Road 4108 LB Propst Drive
Sparta, NC 28675 Conover, NC 28613
336.406 0906 828.302 3437
[e-mail] [e-mail]

`oaoF WATT; p
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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:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
❑ 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 Authonzation
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ©No
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a. Name of project:
Austin Corners
2b. County:
Cabarrus
2c. Nearest municipality / town:
Concord
2d. Subdivision name:
Austin Corners
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
D R Horton Inc.
3b. Deed Book and Page No.
11767 p.0329
3c. Responsible Party (for LLC if
applicable):
d/
3d. Street address:
8001 Arrowridge Blvd. <2
3e. City, state, zip:
Charlotte, NC 28273 '9T�c O
3f. Telephone no.:
4 �
3g. Fax no.:
'N
3h. Email address:
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:
David Gastel
4c. Business name
(if applicable):
Land Design
4d. Street address:
100 South Orange Ave. Suite 700
4e. City, state, zip:
Orlando, FL 32801
41'. Telephone no.:
407.270.7800
4g. Fax no.:
4h. Email address:
S. Agent/Consultant Information (if applicable)
5a. Name:
Tamp Bandy
5b. Business name
(if applicable):
H&B, Inc.
5c. Street address:
4108 LB Propst Dr.
5d. City, state, zip*
Conover, NC 28613
5e. Telephone no.:
828.302.3437
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10 `

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
56020129040000
1 b. Site coordinates (in decimal degrees):
i Latitude: 35.44780 Longitude: -80.67775
1c. Property size:
70.59 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Afton Run
2b. Water Quality Classification of nearest receiving water.
C
2c. River basin:
Yadkin Pee-Dee
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The current land use of the site consists of old agricultural fields and forest. The land use in the vicinity is primarily residential or undeveloped.
3b. List the total estimated acreage of all existing wetlands on the property: 8.12
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2490
3d_ Explain the purpose of the proposed project:
To construct a single family residential subdivision to provide housing for an area lacking similar opportunities for this economic sector.
3e. Describe the overall project in detail, including the type of equipment to be used:
(see attached narrative)
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
© Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Tamp Bandy
Agency/Consultant Company: Huysman & Bandy, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2015-01886; April 14, 2016
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ® No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes © No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
© Wetlands ® Streams — tributaries ❑ Buffers ❑ Open Waters © Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area Impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Culvert/fill
Seep
Yes
Corps
0.01
W2 P
Fill
Seep
Yes
Corps
0.077
W3 T
Open -cut Sewer
Seep
Yes
Corps
0.045
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes1No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.132
2h. Comments:
Following construction, temporary wetland impacts needed for sanitary sewer construction will be restored to original conditions through restoration
and allowed to re -naturalize. Permanent wetland impacts are limited 0.087 acres.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Afton Run
INT
Corps
4
124
S2 T
Open -cut Sewer
UT to Afton Run
INT
Corps
4
22
S3
Choose one
-
S4
Choose one
-
S5
Choose one
S6 -
Choose one
-
3h. Total stream and tributary impacts
146
3i. Comments:
Following construction, temporary impacts to streams will be returned to original contours and restored in order to allow re -naturalisation.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Tem ora 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
I Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation. then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other.
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet
6g.
Zone 2
impact
(square
feet
B1 _
Yes/No
B2
YeslNo
B3 -
Yes/No
84
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
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The only impacts associated with the project involve the construction of one stream crossing, necessary to access high ground, as well as a small
amount of wetland Till necessary for grading. An open -cut sewer line will be constructed to properly treat wastewater, and temporary impacts will be
restored to previous conditions.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The site will be constructed under an approved sediment erosion control plan. All fill slopes will be re -seeded with appropriate bio-engineenng
practices and restored to previous conditions.
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 © 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 DWO
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes © No
buffer mitigation?
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
.1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project Include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ® No
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?
30%
2b. Does this project require a Stormwater Management Plan?
0 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 is greater than 29% imperviousness and includes two large stormwater BMP's. Project will adhere to Phase II Stormwater requirements and
will be under the local jurisdiction of the town of Kannapolis.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Kannapolis
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is this project?
Kannapolis
0 Phase II
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
❑NSW
❑ USMP
❑ Water Supply Watershed
❑ Other.
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
[]Yes X❑ No
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑ORW
[]Session Law 2006-246
[]Other
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
0 Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page S 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 (federal/state/local) funds or the
[] Yes © No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
[]Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (1f 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 X❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes N 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
OYes © 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 open -cut sanitary sewer with 16 -IN steel casing. All temporary impacts will be restored to previous conditions through
bio -engineering and re -seeding.
Page 9 of 10
PCN Form —Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes Q 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?
Project occurs in known range of Northern Long -Eared gat. As there are no known hibernaculum locations in Cabarrus County, we are deferring to
Corps guidance for notification.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ®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?
S. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Cabarrus County GIS; a portion of the site is located within the 100 -year floodplain, however no development or impacts are planned in this area.
Applida Agent's,Elignature
Date
Appli nUAgent's Printed Name
(Agent's signature issvah my 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 I.D.: SAW -2015-01886 County: Cabarrus U.S.G S. Quad: NC-KANNAPOLIS
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Sarah B Austin, LLC
Address: PO Box 3067 Concord, North Carolina 28025
Telephone No.:
Property description:
Size (acres): appx 80 acres
Nearest Town: Concord
Nearest Waterway: Afton Run River Basin: Upper Pee Dee
Coordinates: 35.4478, -80.67775 Hydrologic Unit Code: 03040105
Location Description: The site is located at 2610 Kannapolis Pkwy. Concord, NC
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process( Reference 33 CFR Part 331). ). If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction.
Also, you may provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner Fora
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps
The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We
strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

Action id.- SAW -2015-01886
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 131 1). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property is Afton Run which flows into the Upper Pee Dee River.
D. Remarks: Jurisdictional "Waters of the US" have been identified on this property as depicted
by submitted Jurisdictional Request Package on file.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. 1f 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)
Attached to this verification is an approved jurisdictional determination. if you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for
appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following
address:
US Army Corps of Engineers
South Atlantic Division
Atm: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below.
**It is not necessary to submit an RFA form to the Division Office if you do not obje t to the determination in this
correspondence.
Corps Regulatory Official: William Elliott
Issue Date: April 14, 2016 Expiration Date: April 13, 2020
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 our website at http://per2.nyT usace army.mil/survey html
to complete the survey online.
CF: Tamp Bandy, 4108 LB Propst Dr. Conover, NC 28613
2

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Sarah B Austin, LLC
File Number: SAW-2015- Date: April 14, 2016
01886
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of pennission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
X PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
http://www.usace.army.rniUCECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT. if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or IAP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section Ii of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
0 APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section Il of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section Ii of this form and sending the form to the division engineer This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT- You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: if you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section IT 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.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminafy JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
William Elliott, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room 1OM15
Asheville, NC 28801
Atlanta, Georgia 30303-8801
828-271-7980
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (
4

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 07128/15
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Huysman & Bandy, Attn: Tamp Bandy
41o8 LB Propst Drive Conover, NC 28613
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAO y 6,617-111 /
USACEAID: _5,/f W -,20�,5 - DIS -
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
2610 Kannapolis Pkwy. Concord, NC 28027
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Cabarrus
City: Concord
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.4478o ON; Long. _80.67775 °W
Universal Transverse Mercator:
Name of nearest waterbody: Afton Run, Class C
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
590/1900 linear feet: 513 width (ft) and/or acres.
Cowardin Class: Riverine
Stream Flow: perennial/intermittent (respectively)
Wetlands: 8.12 acres.
Cowardin Class: Headwaters forested/ Emergent
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal:

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
0
Field Determination. Date(s): H&B Field Evaluation
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
0 Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:
❑✓ Data sheets prepared/submitted by or on behalf of the
app licant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps PROJECT HUC 030401050105
QU.S. Geological Survey map(s). Cite scale & quad name:
❑✓ USDA Natural Resources Conservation Service Soil Survey.
Citation: WEB SOIL SURVEY OR PAPER COPY OF Cabarrus
✓❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
© Photographs: ❑ Aerial (Name & Date):
�✓ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
N
or

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected parry
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
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
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
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)
that 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) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (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 preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, 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,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
3

This preliminary JD finds that there "may be"waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
�2,
Signatu a and date of Signature and date
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
4

Estimated amount of
Class of
Site number
Cowardin Class
aquatic resource in
aquatic
review area
resource
P.C. 1
Riverine
340 linear feet
pRPW 4
P.C. 2
Riverine
250 linear feet
pRPW
I.C. 1
Riverine
260 linear feet
sRPW
I.C. 2
Riverine
60 linear feet
sRPW
I.C. 3
Riverine
135 linear feet
sRPW
I.C. 4
Riverine
225 linear feet
sRPW
I.C. 5
Riverine
55 linear feet
sRPW 1100
I.C. 6
Riverine
315 linear feet
sRPW
I.C. 7
Riverine
850 linear feet
sRPW
non -section
WL 1
Emergent/floodplain
8.12 acres
10 - wetland

M,
UYSMAN & BANDY, INC.
WETLAND AND ENVIRONMENTAL CONSULTANTS
'Wetland Sketch provided for illustrative purposes for preliminary planning use only Not intended
to be relied upon for exact location, dimensions, or onentation. All findings and assessments made
by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to
verification by the US Army Corps of Engineers, the NC DWR, and other appropriate local authorities.
Project Name: Austin Corners
Owner / Developer: Sarah B. Austin LLC / D.R. Horton
City / County: Concord, Cabarrus
Tax PIN(s): 56020169340000
Figure 1: Approximate Depiction Coordinates: Scale:
of Waters and Wetlands Lat: 35.44780 Lonq: -80.67775
07/30/15

PIN 56020129040000 '(D
Property Real ID
04-101 -0020.70
Physical Address:
2400 BARR RD CONCORD NC 28027
Owner Name 1:
D R HORTON INC
Owner Name 2:
56020129040000
Mailing Address:
8001 ARROWRIDGE BLVD
Mail City:
CHARLOTTE
Mail State:
NC
Mail Zip:
Ca
28273
Parcel PIN
56020129040000
Land Units
70.58
Land Units Type
AC
Calculated Acreage
No Parcel Selected
Land Value
Null
Building Value
Null
Assessed Value
Null
Market Value
Null
barrus County shall rat be held fable for any errors in the Map Created By Cabarrus County IT Department
data represented on this record. This includes errors of omission,
commssion.concernngthe content ofthe data, and relative Data Sources: Cabarrus County Land Records 1:9,028
positional accuracy of the data. The data cannot be construed to 0 0.075 0.15 0.3 ft
be a legal document. Primary sources from which this data was Soufce: Esn, DigitalGlobe. GeoEye, Earthstar Geographics, CNES/Airbus
compiled must be consulted forvenfication DS, USDA, USGS, AEX, Gelmapping, Aerogrid, IGN, IGP, swisstopo. and the i 11 y y,_r I r r I
of information represented on this map document. GIS User Community 0 0.125 0.25 0.5 m
r-)-:—* r% -a,.. A--71 4C 'In 4G