20160689 Ver 2_401 Application_20171017

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW -
Prepare file folder ❑
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Grantham Subdivision Phases 3-4
2. Work Type: ❑✓ Private ❑Institutional ❑Government 1:1 Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Residential development including access road and BMP.
4. Property Owner / Applicant [PCN Form A3 or A41: Avanti Property Group, Inc.
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Mogensen Mitigation, Inc.
6. Related Action ID Number(s) [PCN Form 135b]: SAW -2016-01341
7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form B 1 b]:
8235 Appaloosa Lane, Harrisburg, NC. 35.3663, -80.6485
8. Project Location —Tax Parcel ID [PCN Form Bla]: 5505-67-2161
9. Project Location — County [PCN Form A2b]: Cabarrus
10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Harrisburg
11. Project Information — Nearest Waterbody [PCN Form 132a]: Reedy Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin 03040105
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 29, 18
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
HCompliance
No Permit Required
QUT 1 8 2011
Revised 20150602
J1

PAW
MOGENSEN MITIGATION. INC
October 12, 2017
Mr. David Shaeffer
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Mr. Alan Johnson NCDENR
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Ms. Karen Higgins NCDENR
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: Pre -Construction Notification for NWP #18 and NWP#29 Grantham Subdivision
Phases 1-4, Cabarrus Co., NC.
Dear Ms. Higgins and Messrs. Elliott, Johnson and Hamstead,
Enclosed is a request for permit associated with the construction of Phases 1-4 of the Grantham
residential development located at approximately 8235 Appaloosa Lane, Harrisburg, in Cabarrus
County NC.
The jurisdictional features on the site were delineated by Mogensen Mitigation, Inc (MMI) and
field -verified by William Elliott (USACE) and Alan Johnson (DEQ-DWR) on December 10,
2015. Proposed permanent impacts associated with this phase of the project total approximately
275 linear feet of stream impacts and 0.166 acres of forested wetland impacts. The impacts being
proposed under NWP # 29 are associated with residential lot clearing and one access road, and
those proposed under NWP #18 are associated with one small BMP.
The majority of the impacts described in this application (275 if of stream impacts, and 0.125 ac
of wetland impacts) were previously permitted prior to the development of Phases 1-2 according

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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
1 a. Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 18,29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a. Name of project:
Grantham Subdivision Phases 3-4
2b. County:
Cabarrus
2c. Nearest municipality / town:
Harrisburg
2d. Subdivision name:
Grantham
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Avanti Properties Group, Inc.
3b. Deed Book and Page No.
Book 68 Page 49
3c. Responsible Party (for LLC if
applicable):
Shawn Santee
3d. Street address:
11535 Carmel Commons Blvd., Ste 101
3e. City, state, zip:
Charlotte, NC, 28226
3f. Telephone no.:
704-400-4284
3g. Fax no.:
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

to the approved NWP#29 dated 10/4/2016 (SAW -2016-01341). Subsequently, during the final
design of Phases 3-4 of this project, small adjustments due to local stormwater requirements
have slightly increased the wetland impacts by 0.041 acres for BMP construction. Every effort
has been made to avoid and minimize the overall stream and wetland impacts associated with
this development. In fact, the original design had at least 5 additional lots which were eliminated
to reduce wetland impacts. All stream crossings were designed at a 90 -degree angle crossing to
minimize stream impacts due to culverts. This site has an extensive floodplain associated with
Reedy Creek and this presented numerous design challenges. To make the stormwater BMP's
work for Phase 3 & 4, a small linear wetland feature had to be enlarged to a basin. Many of the
same functions performed by this small narrow wetland will be reproduced by the stormwater
baisn and vegetated fringe. The owner will make the additional payment to the NCDMS for the
small wetland impact increase.
We have provided an updated PCN application totaling all of the proposed impacts for this
project, along with documentation of the previous in -lieu fee payment and current credit
availability letter from the NC DEQ -DMS.
We appreciate the opportunity to provide this information and please contact us if you have any
questions.
Sincerely,
Richard K. Mogensen, President
Mogensen Mitigation, Inc.
Authorized Agent for Avanti Properties Group, Inc.
Cc:
Mitch Latham, Latham -Walters Engineering, Inc.
Shawn Santee, Agent for Avanti Properties Group, Inc.

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..-
o.:4g.
4g.Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a.. Name:
Richard K. Mogensen
5b. Business name
(if applicable):
Mogensen Mitigation, Inc.
5c. Street address:
P.O. Box 690429
5d. City, state, zip:
Charlotte, NC, 28227
5e. Telephone no.:
704-576-1111
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):
5505-67-2161
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.2663 Longitude: -80.6485
1 c. Property size:
180.22 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Reedy Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Yadkin 03040105
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Prior to any development, the original site was currently vacant and consisted of undeveloped forested land with some open pasture. Some previously
permitted residential development has already taken place on site (SAW -2016-01341). General land use in the vicinity is primarily residential with
some light agricultural use (e.g. equestrian facilities) nearby.
3b. List the total estimated acreage of all existing wetlands on the property: 1.97
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 12,234
3d. Explain the purpose of the proposed project:
Construction of residential (single-family) development including road crossings, lot fill, & sewer lines.
3e. Describe the overall project in detail, including the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments: See attached
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): Rich Mogensen
Agency/Consultant Company: Mogensen Mitigation, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Jurisdictional determinations were field -verified by Alan Johnson (NCDEQ) and William Elliot (USACE) on 12/10/2015. A previous PCN application for
initial phases was approved based on a Pre -JD form issued 10/4/2016 (SAW -2016-01341). See attached.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A previous PCN was approved for 0.125 acres of wetland and 275 If of stream disturbance under NWP29. See attached.
6. Future Project Plans
6a. Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
The project is being developed in four phases over several years, with each phase comprising a different section of the subdivided neighborhood.
All of the cumulative impacts resulting from the entire project (all phases) are described here.
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 ❑X 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
Fill / Road / Culvert
Bottomland Hardwood Forest
Yes
-
0.13
W2 P
Fill / BMP
Bottomland Hardwood Forest
Yes
-
0.041
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.166
2h. Comments:
Several lots were eliminated from initial plans in order to minimize wetland impacts. The addition of a small BMP in wetland area 6 required an update
to the wetland impacts from the previously approved NWP. See delineation map and revised design sheets attached.
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 -2
PER
-
3
115.4
S2 P
Culvert
UT -3
PER
3
159.6
S3 -
Choose one
_
S4 -
Choose one
S5 -
Choose one
S6 -
Choose one
_
3h. Total stream and tributary impacts
275
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation. then vou MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact'
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Site utilization was designed to avoid encroachment on the majority of existing wetlands and streams on site but rather include them in undeveloped
greenway areas. Where impacts were unavoidable, design for the residential lots and roadway access were oriented and located to limit additional fill
to onsite wetlands and streams while maintaining required development lots and access/egress requirements. Several lots were eliminated to minimize
wetland impacts. See cover letter for further details.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite or adjacent offsite receiving
conveyances. All jurisdictional areas will be flagged prior to construction so they will not be inadvertently disturbed.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑X DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑X Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0.041 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments: This payment is for the difference in updated wetland impacts only. Previous payments have been made (see attached).
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?
YesX❑ 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
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
23.62%
2b. Does this project require a Stormwater Management Plan?
Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Storm water will be addressed through the installation of BMP's as shown on the site plans. This plan is in compliance with the Town of Harrisburg
storm water rules and is currently under review. See attached letter from LWE for additional details.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Town of Harrisburg
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Town of Harrisburg
❑x Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
F] Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X 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 ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X 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.
No
additional phases are proposed.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened and endangered species assessment was conducted on the site as part of the stream and wetland assessment. No Federally protected
species or critical habitats were identified. Byron Hamstead, USFWS, visited the site on 6-13-16. See attached concurrence letter.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: http://gis.ncdcr.gov/hpoweb/. A concurrence request letter has been sent - see attached correspondence.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
The developer is working closely with the Josh Watkins, the Harrisburg FEMA Floodplain Administrator, to ensure all activities meet FEMA
requirements. Design and construction activities have been planned such that "No Net Fill" will be deposited in the 100 -yr floodplain.
8c. What source(s) did you use to make the floodplain determination?
hftp://gis.cabarruscounty.us/mycabarrusgis/
Richard K ON1--FbR h,d K MlogansanMogansa
Richard K Mogensen
o=Mogensan Mitg— Incorparaletl,
Mogensen -P—AML '=Rkh@MNmit m
Da1e: 201.10.10 145728 -04'00'
10-10-2017
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

NM
10GENSEN MITIGATION, INC
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO
ARCEL ID: 55505-67-2161
STREET ADDRESS: -10844 Robinson Church Road, Harrisburg, NC, 28215
PROPERTY OWNER: Avanti Properties Group, Inc.
The undersigned, registered property owners of the above noted property, do hereby authorize
Richard Mogensen , of Mogensen Mitigation, Inc.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Waters Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am the duly authorized owner of record of the property identified herein.
PROPERTY OWNERS ADDRESS (if different than property above):
11535 Carmel Commons Blvd, Ste 101, Charlotte, NC, 28226
PROPERTY OWNER CONTACT: 704-400-4284 shawn.santee(d)gmail.com
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
q�
Authorized Signature Authorized Signature
Date: R l1 1-7 Date:

N­
Vidgation Services
ENV 4R@MMENIALQUIL'.? Y
October 6, 2017
Shawn Santee
Avanti Properties Group, Inc.
11535 Carmel Commons Blvd. Suite
Charlotte, NC 28226
Project: Grantham Subdivision Ph. 3-4 additional impacts
ROY COOPER
MICHAEL S. REGAN
Expiration of Acceptance: 4/5/2018
County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G. S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by
an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact LocationImpact Type Impact Quantity
(8 -digit HUC1
Yadkin 03040105 Riparian Wetland 0.082
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 0213 .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at (9 19) 707-8915.
Sincerely,
r
J me . B Stanfill
A Management Supervisor
cc: Richard Mogenson, agent
State of North Carolina I Environmental Quality Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 217 W. Jones Street, Suite 3000
919 707 8976 T

Compensatory Mitigation Responsibility Transfer Form
Permittee: Avanti Properties Group Inc., Shawn Santee Action ID: SAW -2016-01341
Project Name: Avanti Properties Group Inc., Grantham Subdivision Phases 1-4 County: Cabarrus
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer
of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the
U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before
conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide
the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be
provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether
or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger
and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the
Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting
requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
-Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool IT—Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal
275 0.125
*rf.,,.,.e •tip ._,,.,,...�;.._ ..
,b ,, ,, ,r ,,, ,, v,,,,, „c ,,,Cu iur u,e permit, only inciuoe impacts to be mitigated by this sponsor.
ipensatory Mitigation Requirements: 8 -digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal
550 ---- 0.25
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions
for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the
mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID numbershown.
I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the
mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation,
the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the
mitigation requirements. j/�
Mitigation Sponsor Name:__W— — D (MIS
Name of Sponsor's Authorized Representative: K�-1 t l/ �� �,
A -�
re o pon is Authorized Representative Date of Signature k7 -
Conditions for Transfer of Compensatory Mitigation Credit:
Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.

-14 -
Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the
USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS confirming their willing and able to accept the applicant's
compensatory mitigation responsibility dated 6/28/2016 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of
Neuse Road, Wake Forest, NC 27587 (email: [e-mail]). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager:
USACE Field Office:
Email:
David L. Shaeffer
Asheville Regulatory Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
[e-mail]
Digitally signed by
SHACFI LR.DAVIDLFIGH. 1260/505/3
DN c US, o=U.S. Government, cu= DOD, ou-PKI.
oir-USA, cn_ S! IAEF FFR.DAVID.! 1IGI1,12607505 73
Date: 2016.11.03 1 s 18.03-04'00-
USACE Project Manager Signature
November 3, 2016
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

U.S. ARMY CORPS OF �NGINEERS
WILMINGTON DIS RICT
Action Id. SAW -2016-01341 County: Cabarrus u.S.G.S. Quad: NC -Harrisburg
GENERAL PERMIT (REGIONAL AND NA'T'IONWIDE) VERIFICATION
Permittee:
Avanti Properties Group Inc.
Shawn Santee
Address:
11.535 Carmel Commons Blvd.
Charlotte, North Carolina, 28226
Telephone Number:
704-400-4284
E-mail:
shawn.santee(a7zzmail.com
Size (acres)
180.22
Nearest Waterway
Reedy Creek
USGS HUC
03040105
Nearest wn Harrisburg
River Basin Yadkin
Coordinates Latitude: 35.26882
Longitude: -80.65491
Location description: The project area is located 1000 feet west of thein
Branch Road. PIN: 5505663515.
Description of projects area and activity: This verification authorizes the
275 linear feet of stream to facilitate the construction of roadways. lot i
residential development.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 tJSC 403)
Authorization: Nationwide/General Permit Number: Nationwide Permi 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AN /OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is a {complished in strict accordance with the enclosed
Conditions, your application signed and dated 10/4/2016, and the enclosed plans Sheets C1.0 -C1.3 dated 5/12/2016. Any violation
of the attached conditions or deviation from your submitted plans may st bject the permittee to a stop work order, a restoration
order, a Class 1 administrative penalty, and/or appropriate legal action. ,
This verification will remain valid until the expiration date identified below u
or revoked. If prior to the expiration date identified below, the nationwi(
verification will remain valid until the expiration date identified below, pr(
nationwide permit. If the nationwide permit authorization expires or is suspei
no longer comply with the terms and conditions of the nationwide permit, actiN
or are under contract to commence in reliance upon the nationwide permit, 1
within twelve months of the date of the nationwide permit's expiration, mod
been exercised on a case-by-case basis to modify, suspend or revoke the auth
iless the nationwide authorization is modified, suspended
e permit authorization is reissued and/or modified, this
vided it complies with all requirements of the modified
ded, revoked, or is modified, such that the activity would
ities which have commenced (i.e., are under construction)
✓ill remain authorized provided the activity is completed
fication or revocation. unless discretionary authority has
6zation.
Activities subject to Section 404 (as indicated above) may also require an dividual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulatio under the Coastal Area Management Act (CAMA). prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252 808-2808.
This Department of the Army verification does not relieve the permittee of th4 responsibility to obtain any other required Federal, State
or local approvals/permits. j
If there are any questions regarding this verification, any of the conditions of
please contact David L. Shaeffer at 704-510-1437 or david.l.shaefferiQausal
lin' r SIS. o -v c. Cnrcnu
Corps Regulatory Official:
Ualt0161I V3 I<.:iIM
Expiration Date of Verification: 3/18/2017
Permit, or the Corps of Engineers regulatory program,
Date: 11/3/2016

SAW -2016-01341
Determination of Ju
A. ❑ There are waters, including wetlands, on the above described proje(
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and
determination is not an appealable action under the Regulatory Program
331). However, you may request an approved JD, which is an appealabl
instruction. Please note, if work is authorized by either a general or nati
approved JD, the appeal must be received by the Corps and the appeal pi
in waters of the United States and prior to any work that could alter the I
area that may be subject to Section 404 of the Clean
larbors Act (RHA) (33 USC § 403). This preliminary
dministrative Appeal Process (Reference 33 CFR Part
action, by contacting the Corps district for further
iwide permit, and you wish to request an appeal of an
cess concluded prior to the commencement of any work
drology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in 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.
C. ❑ There are waters, including wetlands, within the above described pr Ject area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless th re is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five ye s from the date of this notification.
D. ® The jurisdictional areas within the above described project area have
jurisdictional determination issued 10/4/2016. Action ID: SAW -2016-0
Basis For Determination:
dated 10/4/2016.
Remarks: None.
E. Attention USDA Program Participants
identified under a previous action. Please reference
liminary jurisdictional
This delineation/determination has been conducted to identify the limits of Corps' Clean Water .Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resour s Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for &
determination, you may request an administrative appeal under Corps regulat
Notification Of Appeal Process (NAP) fact sheet and request for appeal (-RFA
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M 15
Atlanta, Georgia 30303-8801
Phone: [phone]
above described site. If you object to this
ins at 33 CFR Part 331. Enclosed you will find a
forin. If you request to appeal this determination you
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Lot applicable
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Q Uq uy vry aty AEFFEx UAVUI MJ
W.¢[nlm
Corps Regulatory Official: s;—nri;,t•.vol-50y lu
David L. Shaeffer
Date of JD: 10/4/2016
Expiration Date of JD: See previously issued 31)

SAW -2016-01341
The Wilmington District is committed to providing the highest level
continue to do so, please complete the Customer Satisfaction Survey
http://corpsmapu.usace.ar-rny.mil/cm_apex/rp=1'16:4:0
Copy furnished:
Agent: Mogensen Mitigation, Inc.
Richard K. Mogensen
Address: Post Office Box 690429
Charlotte, North Carolina, 28227
Telephone Number: 704-576-1111
E-mail: rich(i�mogmit.com
support to the public. To help us ensure we
sated at

SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permi , mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any sp cial conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.

Action ID Number: SAW -2016-01341 County:
Permittee: Avanti Properties Group Inc., Shawn Santee
Project Name: Avanti Properties Group Inc., G
Date Verification Issued: 11/3/2016
Project Manager: David L. Shaeffer
Upon completion of the activity authorized by this permit &
sign this certification and return it to the following address:
US ARMY CORPS OF E1
WILMINGTON DIS'
Attn: David L. Sha
Asheville Regulatory
U.S Army Corps of El
151 Patton Avenue, Ri
any mitigation required by the permit,
GINEERS
RICT
neers
n 208
Asheville, North Carolina 28801
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking theauthorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above refer,
accordance with the terms and condition of the said permit,
accordance with the permit conditions.
Signature of Permittee
ced permit has been completed in
id required mitigation was completed in
Date

Permittee: Avanti Properties Group Inc., Shawn Santee
Project Name: Avanti Properties Group Inc., Grantham Subdivision P
Instructions to Permittee: The Permittee must provide a copy of this
Mitigation Bank or the North Carolina Division of Mitigation Services (NC
of the mitigation responsibility. Once the Sponsor has signed this form,
U.S. Army Corps of Engineers (USACE) Project Manager identified on pad
conducting authorized impacts, unless otherwise specified below. If mo
the mitigation associated with the permit, or if the impacts and/or the m
Unit Code (HUC), multiple forms will be attached to the permit, and the
provided to the appropriate mitigation Sponsors.
Action ID: SAW -2016-01341
1-4 County: Cabarrus
orm to the Mitigation Sponsor, either an approved
MS), who will then sign the form to verify the transfer
is the Permittee's responsibility to ensure that to the
two is in receipt of a signed copy of this form before
than one mitigation Sponsor will be used to provide
igation will occur in more than one 8 -digit Hydrologic
�parate forms for each Sponsor and/or HUC must be
Instructions to Sponsor: The Sponsor must verify that the mitigation rec uirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether
or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger
and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the
Wilmington District Mitigation Office (see contact information on page ). The Sponsor must also comply with all reporting
requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and sin: 03040105. Yadkin Rivar Rain
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold Riparian Riv
iparian Non-Riverine
Non -Riparian
Coastal
275
550
0.125
0.25
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-dieit HUC and sin: 030401 n5 Yadkin Rivar Racin
Stream Mitigation (credits)
Wetland Mitigation (credits) VM
Warm
Cool
Cold Riparian Riverine
Riparian
Non-Riverine
Non -Riparian
Coastal
550
Signature of Sponsor's Authorized Representative
0.25
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list &
acceptance letter identifies a specific site, also list the specific site to be
specific site. For NCDMS, list NCDMS. If the NCDMS
ebited).
Section to be completed by the Mi
'gotion Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that
for the Mitigation Sponsor shown below, and I certify that the Sponsor
mitigation identified in this document (see the table above), associated with
I also verify that released credits (and/or advance credits for NCDMS), as
mitigation site identified above. Further, I understand that if the Sponsor iails
the USACE Wilmington District Engineer may pursue measures against the
mitigation requirements.
I am authorized to approve mitigation transactions
agrees to accept full responsibility for providing the
the USACE Permittee and Action ID number shown.
3pproved by the USACE, are currently available at the
to provide the required compensatory mitigation,
Sponsor to ensure compliance associated with the
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the per it conditions.

-14 -
Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction w thin jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor mus be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until a USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation req jirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy oft lis form.
If changes are proposed to the type, amount, or location of mitigatic n after this form has been signed and returned to the
USACE, the Sponsor must obtain case-by-case approval from t ie USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation r tios may be applied, as per current District guidance
and a new version of this form must be completed and included in he USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS confirming theik willing and able to
This form is not valid unless signed below by the USACE Project Mana Y.er and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an up lated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District itigation Office, Attn: Todd Tugwell, 11405 Falls of
Neuse Road, Wake Forest, NC 27587 (email: [e-mail] y.mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager bel
USACE Project Manager: David L. Shaeffer
USACE Field Office: Asheville Regulatory Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Email: [e-mail]
Digitally signed by
SHAEFFER.DAVID. over meet, 0573
�. DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou-.=USA, cn=SHAEFFER.DAVID.LEIGH.1260750573
Dale: 2016.11.03 15.18:03 -04'00'
USACE Project Manager Signature
Current Wilmington District mitigation guidance, including information c
mitigation bank location and availability, and credit classifications (inclul
available at http://ribits.usace.army.mil
November 3, 2016
Date of Signature
mitigation ratios, functional assessments, and
g stream temperature and wetland groupings) is

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
AsheN ille Field Office
160 Zillicoa Street
AsheNille. North Carolina 28801
June 27, 2016
Mr. Richard Mogensen
PO Box 690429
Charlotte, North Carolina 28227
Dear Mr. Mogensen:
Subject: Grantham Residential Development Project; Mecklenburg County, North Carolina
Log No. 4-2-16-441
The U.S. Fish and Wildlife Service (Service) reviewed the Federally Protected Species Survey
Report dated June 17, 2016 for the project referenced above. Prior to this report Service staff
met with you June 13, 2016, at the proposed project site primarily to evaluate the potential for
suitable habitat for the federally endangered Carolina heelsplitter (Lasmigona decorala). We
submit the following comments in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act
(42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided. your client is applying for a NWP to construct a 260 lot
residential development in Harrisburg, Cabarrus County, North Carolina. The proposed 180 acre
development would be constructed adjacent to Reedy Creek and several unnamed tributaries of
Reedy Creek. An access road would be constructed over Reedy Creek. At the time of your last
correspondence, impacts to streams and wetlands were not detailed or precisely quantified as
project plans were still in development. However, you indicated that the project would result in
more than 150 linear feet of permanent stream impacts and that you would be proposing
purchasing in -lieu fee mitigation at a 1: l mitigation ratio due to the degraded condition of the
streams and wetland to be impacted.
Federally Listed Endangered and Threatened Species
Suitable summer roosting habitat is present on site for the federally threatened northern long-
eared bat (Myons septentrionalis). However, the final 4(d) rule (effective as of February 16,
2016), exempts incidental take of northern long-eared bat associated with activities that occur

greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known,
occupied maternity roost during the pup season (June 1 — July 31). Based on the information
provided, the project (which may require tree clearing) would occur at a location where any
incidental take that may result from associated activities is exempt under the 4(d) rule.
You investigated the site for the presence of federally protected species on June 15. 2016. That
field survey of potential suitable habitats revealed no occurrences for federally protected species.
Based on our observations, the reach of Reedy Creek adiacent to the development lacks a defined
thalweg and is composed a substrate dominated by unstable coarse sand. Although a historical
occurrence of Carolina heelsplitter exists in Reedy Creek, instream habitats appear to have
degraded significantly since that time. Moreover, we observed no live or dead evidence of this
species at the time of our investigation.
Since no individuals and/or their respective suitable habitats were identified in your evaluation
we believe consultation to be complete and require no further action under the Act at this time.
However, please be aware that obligations under section 7 of the Act must be reconsidered if:
(1) new information reveals impacts of this identified action that may affect listed species or
critical habitat in a manner not previously considered, (2) this action is subsequently modified in
a manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Mitigation
You propose to utilize the North Carolina Division of Mitigation Services' (NCDMS) in -lieu fee
program to mitigate for impacts to stream and wetlands at a 1:1 ratio. However, you have not
indicated that NCDMS has approved a mitigation request at this time. We request that you
provide us with any NCSAM and NCWAM reports that may be available. Typically, we support
a minimum mitigation ratio of 2:1 to ensure that increased development in the area and in the
watershed is sustainable and responsible.
We offer the following recommendations in the interest of protecting fish and wildlife resources:
Stream Crossings
Bridges or spanning structures should be used for all permanent roadway crossings of streams
(including Reedy Creek) and associated wetlands. Structures should span the channel and the
floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic
and terrestrial organisms, and eliminate the need to place fill in streams and floodplains.
Bridges should be designed and constructed so that no piers or bents are placed in the stream,
approaches and abutments do not constrict the stream channel, and the crossing is perpendicular
to the stream. Spanning some or all of the floodplain allows the stream to access its floodplain
and dissipate energy during high flows and also provides for terrestrial wildlife passage. When
bank stabilization is necessary, we recommend that the use of riprap be minimized and that a
riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in
the floodplain is necessary, floodplain culverts should be added through the fill to allow the
stream access to the floodplain during high flows.
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If spanning bridges are not possible and culverts are the only option, we suggest using
bottomless culverts. Bottomless culverts preserve the natural stream substrate, create less
disturbance during construction and provide a more natural post -construction channel. Culverts
should be sufficiently sized to mimic natural stream functions and habitats located at the crossing
site; allow for water depth, volume (flow), and velocity levels that will permit aquatic organism
passage; and accommodate the movement of debris and bed material during bank -full events.
Widening the stream channel must be avoided.
In the event that a traditional culvert is the only option, the culvert design should provide for a
minimum water depth in the structure during low-flow/dry periods. Sufficient water depth
should be maintained in all flow regimes so as to accommodate both the upstream and
downstream movement of aquatic species. Water depth inside the culvert must be adequate for
fish to be completely immersed and all other aquatic life to move freely. The culvert should be
designed and installed at the same slope as the stream grade to maintain an acceptable water
velocity for aquatic life passage and for stream substrate characteristics to be retained within the
culvert.
Where feasible, we recommend the use of multiple barrels, in addition to a low -flow barrel, to
accommodate flood flows. Floodplain barrels should be placed on or near stream bank -full or
floodplain bench elevation and discharge onto floodplain benches. Where appropriate, install
sills on the upstream end of floodplain barrels to restrict or divert the base stream flow to a single
barrel. If the culvert is longer than 40 linear feet, alternating or notched baffles should be
installed in a manner that mimics the existing stream pattern. This will enhance the passage of
aquatic life by: (1) depositing and retaining sediment in the barrel, (2) maintaining channel
depth and flow regimes, and (3) providing resting places for fish and other aquatic organisms.
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native grass and tree species as soon as the project is completed.
The proper planning, design, and installation of stream crossings provide year-round passage for
aquatic organisms and preserve healthy streams. We recommend the following website for
additional information regarding stream -crossing activities:
htlp: //N,wN,. stream. fs. fed us/fishxing/pointers. htm1.
Stream Buffers and Floodplains
Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They
accomplish the following:
1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants
from reaching streams;
2. enhance the in -stream processing of both point- and nonpoint-source
pollutants;

3. act as "sponges" by absorbing runoff (which reduces the severity of floods)
and by allowing runoff to infiltrate and recharge groundwater levels (which
maintains stream flows during dry periods);
4. catch and help prevent excess woody debris from entering the stream and
creating logjams;
5. stabilize stream banks and maintain natural channel morphology;
6. provide coarse woody debris for habitat structure and most of the dissolved
organic carbon and other nutrients necessary for the aquatic food web; and
7. maintain air and water temperatures around the stream.
Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater])
should be created and/or maintained along all aquatic areas. Within the watersheds of streams
supporting endangered aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of
200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of
all intermittent streams, or the full extent of the l 00 -year floodplain, whichever is greater.)
Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and
other infrastructures that require maintained, cleared rights-of-way and/or compromise the
functions and values of the forested buffers should not occur within these riparian areas.
Executive Order 11988 requires federal agencies (and their designated nonfederal
representatives) to consider and protect floodplain functions. We believe the examples of
flooding in this area of North Carolina highlight the importance of avoiding the long- and
short-term impacts associated with the occupancy and modification of floodplains and that we
should avoid any direct or indirect support of floodplain development. Therefore, we do not
believe the subject project should be built in the 100 -year floodplain or in any way result in the
alteration of the l 00 -year floodplain.
Impervious Surfaces/Low Impact Development (LID)
In addition to the increased storm -water flows caused by the lack of or loss of riparian buffers
and any floodplain development, increased development outside the floodplain will also
contribute to the quantity and quality of storm water entering project area waterways. Recent
studies' have shown that areas of 10- to 20 -percent impervious surface (such as roofs, roads, and
parking lots) double the amount of storm -water runoff compared to natural cover and decrease
deep infiltration (groundwater recharge) by 16 percent. At 35- to 50 -percent impervious surface,
runoff triples, and deep infiltration is decreased by 40 percent. Above 75 -percent impervious
surface, runoff is 5.5 times higher than natural cover, and deep infiltration is decreased by
80 percent. Additionally, the adequate treatment of storm water in development areas is essential
for the protection of water quality and aquatic habitat in developing landscapes. Additionally,
these impervious surfaces collect pathogens, metals, sediment, and chemical pollutants and
quickly transmit them (via storm -water runoff) to receiving waters. According to the
Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices.
GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN -0-934213-59-3.
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water quality in the United States, posing one of the greatest threats to aquatic life, and is also
linked to chronic and acute illnesses in human populations from exposure through drinking water
and contact recreation.
Increased storm -water runoff also directly damages aquatic and riparian habitat, causing
stream -bank and stream -channel scouring. In addition, impervious surfaces reduce groundwater
recharge, resulting in even lower than expected stream flows during drought periods, which can
induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we
recommend that all new developments, regardless of the percentage of impervious surface area
they will create, implement storm -water -retention and -treatment measures designed to replicate
and maintain the hydrograph at the preconstruction condition in order to avoid any additional
impacts to habitat quality within the watershed.
We recommend the use of low -impact -development techniques,' such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for
retaining and treating storm -water runoff rather than the more traditional measures, such as large
retention ponds, etc. These designs often cost less to install and significantly reduce
environmental impacts from residential development.
Where detention ponds are used, storm -water outlets should drain through a vegetated area prior
to reaching any natural stream or wetland area. Detention structures should be designed to allow
for the slow discharge of storm water, attenuating the potential adverse effects of storm -water
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the
purpose of storm -water -control measures is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can
be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and
store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids
within the concrete.
-We recommend visiting the Environmental Protection Agency's Web site (hup: epu.gov; polluted-rr117ot-
»onpoint-aotnre-pol/utioryurbu�rrunofJ-/ou -impact-develupmeiu) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.
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The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-16-441.
Sincerely.
— — 01'iIzillal 'sigwNll — —
Janet A. Mizzi
Field Supervisor
Ec: David Shaeffer. USAGE Asheville Regulatory Field Office