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HomeMy WebLinkAbout20180340 Ver 1_401 Application_20180318I WETLANDS 1 8c WATERS Catherine Janiczak US Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Dr., Suite 611 Charlotte, NC 28262 March 1, 2018 20180340 o [2 (�� k_v a RE: Sylvan Creek Subdivision, SAW -2015-02027 D Sylvan Creek Properties, LLC E 7 2018 Nationwide Permit Verification Denver, Lincoln County, North Carolina s Ms. Janiczak, Attached, please find information pertaining to a Pre -Construction Notification for a Nationwide Permit Verification request for impacts associated with a residential development, referred to as Sylvan Creek. The project is located in Denver, North Carolina, just south of NC -16 Business and north of St. James Church Road. Existing land use throughout the project area is primarily vacant, forested land. A Jurisdictional Determination Request was issued on November 9, 2015 with the Action ID number referenced above. Proiect Purpose and Need The purpose of the proposed project is to construct infrastructure associated with a residential development in order to meet growing housing needs in the region. Proposed impacts are necessary for access to high ground and to provide dual access points for circulation, emergency vehicle access, and safe ingress and egress for residents. Project Description The proposed project includes the construction of the residential development and supporting infrastructure including subdivision roads, stormwater facilities, amenity area, and common open space. dance and Minimization The proposed layout has been designed to provide the minimum number of options for ingress and egress as dictated by local ordinance. The two proposed crossings have been minimized to the narrowest profile possible through the use of construction techniques in the form of headwalls. Further, impacts at crossing S3 have been minimized from original design through the adoption of the NCDOT "mountain" road standards, which was presented to, and ultimately approved by, NCDOT as a way to minimize environmental impacts. It was contemplated to shift road crossing S1 southward, towards the open water, as a way to minimize impacts to the jurisdictional stream channel. Ultimately, this alternative would involve significantly more impacts to the open water and adjacent wetlands given the wider cross-section. Taking into account the relatively low quality of the tributary to be impacted it was determined that the proposed option is the least environmentally damaging practicable alternative. CHRISTOPHER HUYSMAN 1 70 DEW DROP ROAD SPARTA, NC 26675 336.406.0906 CHRIS. H UYSMAN@GMAIL.COM WETLANDS & WATERS, INC. TAMP BANDY 41 ❑B LB PROPST DRIVE CONOVER, NC 2861 3 B2B.3112.3437 JTAMPBANDY@GMAIL.COM Cofferdams will be utilized on the upstream end of each crossing in order to do construction in dry conditions. Following completion of construction activities culvert bottoms will be replaced with native substrate and cofferdams will be removed. Compensatory mitigation for temporary impacts associated with cofferdams is not proposed. Mitigation In addition to the on-site mitigation in the form of minimization and stormwater control, the applicant is proposing to provide compensatory mitigation in the form of an in lieu fee payment through NC Division of Mitigation Services. Per ongoing discussion with regard to resource quality based upon the results of NC SAM, the applicant is proposing to mitigate for permanent impacts at crossing S1 at a 1.5/1 ratio and permanent impacts at crossing S3 at a 2:1 ratio. Please do not hesitate to call if you have any questions about the provided information. Best regards, f__ Perry Isner 704.773.4239 CC: Lawrence Mashburn, Sylvan Creek Properties, LLC Enclosures: Pre -Construction Notification Site Plan and Impact Exhibits Property Owner Information NC Natural Heritage Program Report NC DMS Letter of Acceptance for In Lieu Payment NC Stream Assessment Method (SAM) Form Preliminary Jurisdictional Determination CHRISTOPHER HUYSMAN MUYIMAN & BANDY, INC. TAMP BANDY 1 70 DEW DROP ROAD 41 08 LB PROPST DRIVE SPARTA, NC 28675 CONOVER, NC 2861 3 336.406.0906 628.302.3437 CHRIS. H UYSMAN@GMAIL.COM JTAMP6ANDY@GMAIL.COM 0F W A TF9oG =� r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN 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? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): 0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. 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. ❑ Yes X❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h 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: Sylvan Creek 2b. County: Lincoln 2c. Nearest municipality / town: Denver 2d. Subdivision name: Sylvan Creek 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Multiple Names; see enclosure 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 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 Q Other, specify: Buyer, under contract to purchase 4b. Name: Lawrence W. Mashburn 4c. Business name (if applicable): Sylvan Creek Properties, LLC 4d. Street address: 700 E. Morehead Street Suite 100B 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: 704.619.3980 4g. Fax no.: 4h. Email address: silverhammerinc@aol.com 5. Agent/Consultant Information (if applicable) 5a. Name: Perry Isner 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 4108 LB Propst Drive 5d. City, state, zip: Conover, NC 28613 5e. Telephone no.: 704.773.4239 5f. Fax no.: 5g. Email address: perry.isner@gmail.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): (see enclosure) 1 b. Site coordinates (in decimal degrees): ILatitude: 35.52545 Longitude: -81.02141 1 c. Property size: 91.25 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Forney Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba 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: Site consists primarily of forested, vacant land, including a large, existing open water. General land use in the vicinity of the project is a combination of residential, industrial, and institutional. 3b. List the total estimated acreage of all existing wetlands on the property: 0.3 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3150 3d. Explain the purpose of the proposed project: To construct a residential subdivision to meet the growing demands for housing in the region and meet the economic expectations of the landowner. 3e. Describe the overall project in detail, including the type of equipment to be used: Typical clearing and earth moving equipment will be utilized, including but not limited to pan, excavator, dump trucks, bulldozer, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? X❑ Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑x Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Chris Huysman & Perry Isner Agency/Consultant Company: Wetlands & Waters, Inc. Other: formerly Huysman & Bandy, Inc 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -2015-02027. Preliminary JD issued on 11/09/2015. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X WetlandsX❑ 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 Headwater Wetland Yes Corps 0.06 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.06 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 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 Forney Creek PER Corps 5 135 S2 T Cofferdam UT to Forney Creek PER Corps 5 10 S3 P Culvert Forney Creek PER Corps 8 148 S4 T Cofferdam Forney Creek PER Corps 8 12 S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 305 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 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If 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. The proposed layout has been designed to provide the minimum number of options for safe ingress and egress. Further, impacts at crossing S3 have been minimized from original design through the adoption of the NCDOT "mountain" road standards, which utilizes a more narrow profile and was contemplated in order to minimize stream impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The two proposed crossings have been minimized to the narrowest profile possible through the use of construction techniques in the form of headwalls. Cofferdams and pump -around will be utilized in order to maintain dry construction conditions. Culvert bottoms will be populated with stockpiled native substrate. Site will be constructed under an approved sediment and erosion control plan. 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 ❑X 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: 283 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑ 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 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 22 2b. Does this project require a Stormwater Management Plan? ❑X 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 less than 24% impervious and therefore meets Low Impact Development criteria for Lincoln County. Project includes construction of large, permanent stormwater BMP designed to Low Impact Development standards. Stormwater management plan will be under review of Lincoln County. 2e. Who will be responsible for the review of the Stormwater Management Plan? Lincoln County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Lincoln County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El 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): El Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (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)? 1c. 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? ❑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. 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 construction of gravity fed sanitary sewer system to tie into existing sanitary sewer trunk line located on site. No impacts are associated with construction of sewer. 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 ®es ❑ YNo 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. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program. Project occurs in a county that is located within the range of the Northern Long -Eared Bat, however, as there are no known occurrences of hibemacula within Lincoln County we are deferring to the Corps for notification. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® 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? NC SHPO Arc GIS service 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: 8c. What source(s) did you use to make the floodplain determination? FEMA Arc GIS service 6M. "'�.r.ewe AL-, Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Project Limits 34.985 AC.•+- POND ji C C) 44.252 AC— _ \ �C ) fi� / / \ C) Qj eW11' 1 �a� o- Lt(,trvu • De: x%%% Pc. %%%% BOUNDARY SURVEY wre 3 -u -,e • - DEDMON SURVEYS DB: Pc: FOR ¢¢ SC.LLE. t50' PB'. % PO: % xxx ° SITE LARRY MASHBURN mccarwnnae u.c ® zmina�,a�� JOB/ xxxxxx%%%XXX%%%%%%%% xATXBNDRY SUW. BY: CP D— CP —CRD xxxxxxxxxxxxxxxxxxxxxx C1) • �, ..• • .c.. / ;JIB CZ) •uu x \; `` 3.971 AC.+- 1 C3) Cad C4) \ o.i�erc.sT 35) �r ✓9� � e.' ��� 38) ts� . „- neos o 9% c� / Lt(,trvu • De: x%%% Pc. %%%% BOUNDARY SURVEY wre 3 -u -,e • - DEDMON SURVEYS DB: Pc: FOR ¢¢ SC.LLE. t50' PB'. % PO: % xxx ° SITE LARRY MASHBURN mccarwnnae u.c ® zmina�,a�� JOB/ xxxxxx%%%XXX%%%%%%%% xATXBNDRY SUW. BY: CP D— CP —CRD xxxxxxxxxxxxxxxxxxxxxx r1 A ° mo�c�ir�i _err_tt l_NIR.�,� 4 ©rat�o� �j6 rar:raeyog "A5 mr�ravo mrmi �ormSl ' Ili m�rxc�o© - J mt,r®om , ocrrm�om � A rnora�oc� - mr'1rCSJOt� �'�IrmmFQ4illm 2 84" CMP REINFORCED CONCRETE ENDWALL Ntt COLLECTOR STREET C CULVERT PROFILE SCALE: HOR: 1'=40', VERT: 1"=4' GRADING LEGEND .me.Nw � °`sra��oR.a«ae rxoroxc uwwowrn D — — — -- ---------- N(xRH r 74a STEWART G�N. GENERAL NOTES: ],wcioR wLLREDuiRm i0 PucEEi-Ic Bu+s Y IBE n ME T"PIPE WLKRR .3 PND D'rE WIM n NIrvINUN J' GO�in anD � IExCM R B' 1E55 Mu. EnOwN1. J. fgtu5 ME M BE USED FOR ME CONSMUCBON OE ME BOiiW -B. a. wNl MI xx SS (» SNOwN IS NO! t0NVR t0 /4CEPfN%E. BUi SE USED ONLY IN COUWnxG EnUwNl WNRIRES. B. u✓0 PWRSiOB�SE PNUIELYEMExiOP pP Bt5E'ZT—' BE l6i xOUGN. ®seeeet�MHUMN eee�ee /n ."MIN ULl n IN iS�rccra�dcrEaNd��m � � 8R=1111111 � ��\\lA cLo - 348' RCP REINFORCED CONCRETE ENDWALL NIS #31 X -SECTION SCALE: HOR: 1"=40', VERT: 1"=4' ��InnI■■�166��I NN w �1' ii ! 1 ■ f r 74a STEWART G�N. GENERAL NOTES: ],wcioR wLLREDuiRm i0 PucEEi-Ic Bu+s Y IBE n ME T"PIPE WLKRR .3 PND D'rE WIM n NIrvINUN J' GO�in anD � IExCM R B' 1E55 Mu. EnOwN1. J. fgtu5 ME M BE USED FOR ME CONSMUCBON OE ME BOiiW -B. a. wNl MI xx SS (» SNOwN IS NO! t0NVR t0 /4CEPfN%E. BUi SE USED ONLY IN COUWnxG EnUwNl WNRIRES. B. u✓0 PWRSiOB�SE PNUIELYEMExiOP pP Bt5E'ZT—' BE l6i xOUGN. ®seeeet�MHUMN eee�ee /n ."MIN ULl n IN iS�rccra�dcrEaNd��m � � 8R=1111111 � ��\\lA cLo - 348' RCP REINFORCED CONCRETE ENDWALL NIS #31 X -SECTION SCALE: HOR: 1"=40', VERT: 1"=4' nw dna o is m GRADING AND DRAINAGE PLAN ata'iuis:atxwm BOB- _ 1 OF 1 NN w f 9 sn ..fix.. .. _ •Y' ms ___ _ ._ ....... m nw dna o is m GRADING AND DRAINAGE PLAN ata'iuis:atxwm BOB- _ 1 OF 1 PIN: 3695-71-8948 Acres: 33.742 Physical Address: N NC 16 Business Hwy Denver, NC 28037 Owner Listing: Denver Baptist Church Inc. Mailing Address: 3545 N NC 16 Hwy Denver, NC 28037 PIN: 3695-81-7891 Acres: 44.24 Physical Address: 3387 N NC -16 Business Hwy Denver, NC 28037 Owner Listing: Van Wingerden Dirkje Mailing Address: Van Wingerden Aart W Mailing Address: Van Wingerden Thomas B Mailing Address: 16400 Huntersville Concord Rd Huntersville, NC 28078 PIN: 3695-81-0206 Acres: 1 Physical Address: Saint James Church Rd Denver, NC 28037 Owner Listing: Swaim Ann Smith Mailing Address: 7107 Executive Cir Mailing Address: Denver, NC 28037 PIN: 3695-70-9976 Acres: 3.98 Physical Address: Saint James Church Rd Denver, NC 28037 Owner Listing: Sherrill Allen Mailing Address: 4909 Stratford Dr Mailing Address: Denver, NC 28037 PIN: 3695-80-1889 Acres: 3.95 Physical Address: Fieldcrest Ln Denver, NC 28037 Owner Listing: Sherrill William G Sherrill Regina H Mailing Address: PO Box 373 Denver, NC 28037 PIN: 3695-80-1585 (partial) Acres: 3.892 total Physical Address: 7013 Fieldcrest Ln Denver, NC 28037 Owner Listing: Warford William H Mailing Address: 7013 Fieldcrest Ln Denver, NC 28037 PIN: 3695-80-6831 Acres: 1.85 Physical Address: Fieldcrest Ln Denver, NC 28037 Owner Listing: Sherrill Tyrus Jr (Heirs) Mailing Address: 2871 Wesleyan Church Rd Lincolnton, NC 28092 PIN: 3695-80-0760 (partial) Acres: 2.578 total Physical Address: Saint James Church Rd Denver, NC 28037 Owner Listing: Little Janet S AKA Folsom Janet S Mailing Address: PO Box 92 Denver, NC 28037 .pec ST.� y North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper January 23, 2018 Perry Isner Wetlands & Waters, Inc. 2712 Minden Rd. Pleasant Garden, NC 27313 RE: Sylvan Creek Dear Perry Isner: Secretary Sus! H. Hamilton NCNHDE-5136 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler(a)ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS- Telephone (919) 707-8107 LOCATION - 1651 Mai! Service Center www.ncnlip.org 121 West Jones Street Raleigh, NC 276+-1651 Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Sylvan Creek January 23, 2018 NCNHDE-5136 No Element Occurrences are Documented Within a One -mile Radius of the Project Area No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type NC Department of Transportation Mitigation Site NC Department of Transportation State Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Preserve Catawba Lands Conservancy Private Definitions and an explanation of status designations and codes can be found at https://ncnhde-natureserve.org/content/help. Data query generated on January 23, 2018; source: NCNHP, 04 October 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-5136: Sylvan Creek N January23, 2018 Project Boundary Buffered Project Boundary !. jj Managed Area (MAREA) Page 3 of 3 N."'14994 1:26,713 0 0.225 0.45 0.9 mi 0 0.35 0.7 1.4 km SoumesEsri, HERE, DeLorrne, Interrap increment P Corp., GEBGO. USGS, FAO, NPS. NRCAN, GeoBase, IGN. Kadaster NL, Ordnance Survey, Esri Japan, MET]. Esri China JHong Kong), sadsstopo, Mapmylndia. ® OpenSt—tMap wntritutors, and the GIS User Community NC SAM FIELD ASSESSMENT RESULTS user manual version A. -i USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Sylvan Creek 2. Date of evaluation: 01/23/18 3. Applicant/owner name: Larry Mashburn 4. Assessor name/organization: Perry Isner, W&W, Inc. 5. County: Lincoln 6. Nearest named water body 7. River basin: Catawba on USGS 7.5 -minute quad: Forney Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.52616 -81.02063 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): T1 10. Length of assessment reach evaluated (feet): 150' 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 5 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑A\i ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mit) ❑Size 2 (0.1 to < 0.5 mit) ❑Size 3 (0.5 to < 5 mit) ❑Size 4 (z 5 mit) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters []Water Supply Watershed (❑1 ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters El Publicly owned property ❑NCDWR Riparian buffer rule in effect []Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: [I Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? [:]Yes ®No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ®A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ❑B Not 3. Feature Pattern - assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ❑B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ®A ®A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) El Other: (explain in "Notes/Sketch" section) ®J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours El Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes []No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mossesW ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) r E [:]G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent w❑H Low -tide refugia (pools) vegetation x t ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) ca❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ®E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ❑A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ®C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ❑ ❑ ❑ ❑ ❑ Bedrock/saprolite ❑ ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ❑ ❑ Silt/clay (< 0.062 mm) ❑ ❑ ❑ ❑ ❑ Detritus ❑ ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ❑Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ []Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicuia) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ®A ®A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ®Y ®Y Are wetlands present in the streamside area? ❑N ❑N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ❑E Stream bed or bank soil reduced (dig through deposited sediment if present) ®F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ®B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ®A z 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ®A Mature forest ®B ❑B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ®A ®A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑ B 46 to < 67 [__1C 67 to < 79 ❑ D 79 to < 230 ❑ E >_ 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Sylvan Creek Date of Assessment 01/23/18 Stream Category Pb1 Assessor Name/Organization Perry Isner, W&W, Inc. Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (YIN) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation HIGH HIGH (4) Floodplain Access HIGH HIGH (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography NA NA (3) Stream Stability LOW LOW (4) Channel Stability LOW LOW (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality HIGH HIGH (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance HIGH NA (2) Intertidal Zone Filtration NA NA (1) Habitat MEDIUM MEDIUM (2) In -stream Habitat LOW LOW (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability LOW LOW (3) In -stream Habitat LOW LOW (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall MEDIUM MEDIUM Lincoln County Property Record Card Parcel 34090 Appraisal Year 2017 Pin 3695-71-8948 Physical Location N NC 16 BUSINESS HWY Map 3695-04 Owner DENVER Owner DENVER BAPTIST CHURCH INC Mailing 3545 N NC 16 HWY Address DENVER NC 28037 Account 0174334 Fire District DENVER Township CATAWBA SPRINGS Neighborhood 0595A Description SHELLAM LD Category REAL Sales History Deed Last Transaction Date Type Qualif 1994-0107 12/27/2007 WD NO 1994-0107 12/27/2007 CMB NO 1228-606 3/19/2001 WD NO Land Segments Land Zone Segment Code 5 ELDD B -N CZ 6 ELDD B -N CZ Deed 1994-107 Deed Year 2007 Plat A-192 Deed Acres 33.742 Map Acres 33.742 Land Market Value $1,087,310 Improvement Market Value $0 Total Market Value $1,087,310 Sale Price Stamps Deed Name $4,200,000 $0 DENVER BAPTIST CHURCH $0 $0 DENVER BAPTIST CHURCH INC $145,000 $0 R-ANELL HOUSING GROUP, LLC Land Land Tvpe Code Quantity AC CU 6.666 AC CU 27.076 Total Acres 33.742 Lincoln County Property Record Card Parcel 34096 Appraisal Year 2017 Pin 3695-81-7891 Physical Location 3387 N NC 16 BUSINESS HWY Map 3695-04 Owner Owner VAN WINGERDEN DIRKJE Deed 11E-355 Neighborhood VAN WINGERDEN AART W Deed Year 2009 Category VAN WINGERDEN THOMAS B Deed Acres 44.24 Mailing 16400 HUNTERSVILLE CONCORD RD Map Acres 44.528 Address HUNTERSVILLE NC 28078 Fireplace 1850- Account 0234513 233 712 Fire District DENVER Township CATAWBA SPRINGS Neighborhood 0595T Description HOWARD LD Category REAL Sales History Deed Last Transaction TypeQualify Code 1 Date 2 11E- 12/19/2009 CMB NO 355 ELDD PD -R Bathrooms 11E- 12/19/2009 EST NO 355 HEAT PUMP Fireplace 1850- 9/1/2006 WD NO 233 712 Basement Land Segments Land Zone Segment Code 1 ELDD PD -R 2 ELDD PD -R 3 ELDD PD -R 4 ELDD PD -R Improvements Improvement 1 Description SPLIT LEVEL Quality Grade C+10 Year Built 1965 Effective Year 1965 Built Quantity Stories 1 Rooms 8 Bedrooms 4 Bathrooms 2 Half Baths 0 Heat/Air HEAT PUMP Fireplace 1 Finished $0 WINGERDEN AART & THOMAS 712 Basement Unfinished 0 Basement Main Finished 1618 Area Market Value $126,648 Improvement 1 Description SPLIT LEVEL Land Market Value $519,177 Improvement Market Value $127,148 Total Market Value $646,325 S-7 R mps Deed Name Price Type Code Quantity AC VAN WINGERDEN DIRKJE & AART W VAN $0 $0 WINGERDEN & THOMAS B VAN W 7.338 SI VAN WINGERDEN DIRKJE AND AART W VAN $0 $0 WINGERDEN AND THOMAS B 36.19 Total Acres VAN WINGERDEN TEUNIS & DIRKJE & VAN $900,000 $0 WINGERDEN AART & THOMAS Land Land Type Code Quantity AC B1 1 AC U 7.338 SI PB 1 AC U 36.19 Total Acres 44.528 Click here to zoom to this record Quality Grade C+10 Year Built 1965 Effective Year Built 1965 Stories 1 Rooms 8 Bedrooms 4 Bathrooms 2 Half Baths 0 Heat/Air HEAT PUMP Fireplace 1 Finished 712 Basement Unfinished 0 Basement Main Finished 1618 Area Market Value $126,648 Click here to zoom to this record Miscellaneous Improvements Improvement Description Area Year Built Market Value 2 STORAGE BARN NO FINISH 1 0 $500 2 STORAGE BARN NO FINISH 1 0 $500 Lincoln County Property Record Card Parcel 58241 Appraisal Year 2017 Pin 3695-81-0206 Physical Location SAINT JAMES CHURCH RD Map 3695-04 Owner Owner SWAIM ANN SMITH Deed 816-236 Mailing 7107 EXECUTIVE CIR Deed Year 1993 Address DENVER NC 28037 Plat F-488 Account 0072901 Deed Acres 1 Map Acres 1.001 Fire District DENVER Land Market Value $5,480 Township CATAWBA SPRINGS Improvement Market Value $0 Neighborhood 0594 Total Market Value $5,480 Description SHERRILL LD RD 1380 Category REAL Sales History Last Transaction Deed Sale TvoeQualify -mos Deed Name Date Pr 816- 1/6/1993 WD NO $0 $0 SHERRILL KEITH WILLIAM & KATHLEEN B 233 SHERRILL 816- 1/6/1993 WD NO $1,000 $0 SWAIM ANN SMITH 236 Land Segments Land Zone Land Land Segment Code Tvoe Code Quantity 1 PD -R AC D 1.001 Total Acres 1.001 Lincoln County Property Record Card Parcel 32399 Appraisal Year 2017 Pin 3695-70-9976 Physical Location SAINT JAMES CHURCH RD Map 3695-04 Owner Owner SHERRILL ALLEN Deed 579-515 Mailing 4909 STRATFORD DR Deed Year 1981 Address DENVER NC 28037 Deed Acres 3.98 Account 19541 Map Acres 3.035 Fire District DENVER Land Market Value $16,616 Township CATAWBA SPRINGS Improvement Market Value $0 Neighborhood 0594 Total Market Value $16,616 Description SHERRILL LD RD 1380 Category REAL Sales History Deed Last Transaction Date 0579- 6/23/1981 0515 579-515 6/23/1981 TvoeQualify pr leStamps Deed Name CVT NO $0 $0 SHERRILL ALLEN WD YES $0 $0 SHERRILL ALLEN W & MARIAN MASON SHERRILL Land Segments Land Zone Segment Code 1 ELDD PD -R Land Land Tvue Code AC D Total Acres Quantity 3.035 3.035 Lincoln County Property Record Card Parcel 32520 Appraisal Year 2017 Physical Location FIELDCREST LN Owner Owner SHERRILL WILLIAM G Deed SHERRILL REGINA H Deed Year Mailing PO BOX 373 Deed Acres Address DENVER NC 28037-0373 Map Acres Account 19691 Pin 3695-80-1889 Map 3695-04 561-733 3.95 3.945 Fire District DENVER Land Market Value $21,598 Township CATAWBA SPRINGS Improvement Market Value $0 Neighborhood 0594 Total Market Value $21,598 Description SHERRILL LD RD 1380 Category REAL Sales History Deed Last Transaction Date Type Qualify Sale Price Stamps Deed Name 561-0733 CVT NO $0 $0 SHERRILL WILLIAM G & REGINA Land Segments Land Zone Land Land Segment Code Type Code Quantity 1 PD -R AC D 3.945 Total Acres 3.945 Lincoln County Property Record Card Parcel 34085 Appraisal Year 2017 Pin 3695-80-1585 Physical Location 7013 FIELDCREST LN Map 3695-04 Owner DENVER Owner WARFORD WILLIAM H Mailing 7013 FIELDCREST LN Address DENVER NC 28037 Account 43388 Fire District DENVER Township CATAWBA SPRINGS Neighborhood 0594 Description R. HICKS LD Category REAL Deed 737-507 Deed Year 1990 Deed Acres 0 Map Acres 3.892 Land Market Value $49,611 Improvement Market Value $154,255 Total Market Value $203,866 Land Segments Land Zone Segment Code 3 ELDD R -T & P 4 ELDD R -T & P 6 ELDD R -T & P Improvements Improvement 1 Description RANCH Quality Grade C+10 Year Built 1972 Effective Year Tvue Built 1972 Sales History 1 Rooms 6 Bedrooms 3 Deed Last Transaction Date TM Qualify Sale Price Stamps Deed Name 0737-0507 3/8/1990 CMB NO $0 $0 WARFORD WILLIAM H 737-507 3/8/1990 WD YES $0 $0 WARFORD WILLIAM H 0737-0507 CNV NO $0 $0 HICKS ROY DOUGLAS 737-0507 CVT NO $0 $0 WARFORD WILLIAM H. Land Segments Land Zone Segment Code 3 ELDD R -T & P 4 ELDD R -T & P 6 ELDD R -T & P Improvements Improvement 1 Description RANCH Quality Grade C+10 Year Built 1972 Effective Year Tvue Built 1972 Stories 1 Rooms 6 Bedrooms 3 Bathrooms 2 Half Baths 0 Heat/Air HEAT PUMP Fireplace 1 Finished 0 Basement Unfinished 1332 Basement Main Finished 2318 Area Market Value $148,504 Improvement 1 Description RANCH Quality Grade C+10 Year Built 1972 Effective Year Built 1972 Stories 1 Rooms 6 Land Land Tvue Code Quantity AC D 2.892 AC B 1 Si WS 1 Total Acres 3.892 Click here to zoom to this record Bedrooms 3 Bathrooms 2 Half Baths 0 Heat/Air HEAT PUMP Fireplace 1 Finished 0 Basement 1152 Unfinished 1332 Basement 1152 Main Finished $5,493 2318 Area Market Value $148,504 Miscellaneous Improvement Area Year Built Market Value 2 180 1972 $258 2 180 1972 $258 3 1152 1981 $5,493 3 1152 1981 $5,493 Improvements Description Area Year Built Market Value SHED OPEN POLE 180 1972 $258 SHED OPEN POLE 180 1972 $258 STORAGE BARN NO FINISH 1152 1981 $5,493 STORAGE BARN NO FINISH 1152 1981 $5,493 Lincoln County Property Record Card Parcel 32514 Appraisal Year 2017 Physical Location FIELDCREST LN Owner Pin 3695-80-6831 Map 3695-04 Owner SHERRILL TYRUS JR (HEIRS) Deed Mailing 2871 WESLEYAN CHURCH RD Deed Year Address LINCOLNTON NC 28092-8242 Deed Acres Account 19681 Map Acres Fire District DENVER Land Market Value Township CATAWBA SPRINGS Improvement Market Value Neighborhood 0594 Total Market Value Description SHERRILL LD RD 1380 Land Category REAL Tvue 541-896 1.85 1.891 $10,353 $0 $10,353 Sales History Deed Last Transaction Date Tvue Qualify Sale Price Stamps Deed Name 541-0896 CVT NO $0 $0 SHERRILL TYRUS JR Land Segments Land Zone Land Land Segment Code Tvue Code Quantity 1 PD -R AC D 1.891 Total Acres 1.891 Lincoln County Property Record Card Parcel 86604 Appraisal Year 2017 Pin 3695-80-0760 Physical Location SAINT JAMES CHURCH RD Map 3695-04 Owner Owner LITTLE JANET S AKA Deed 1928-355 Stamps FOLSOM JANET S Deed Year 2007 Mailing PO BOX 92 Plat 14-178 Address DENVER NC 28037 Deed Acres 2.578 Account 0123294 Map Acres 2.482 Fire District DENVER Land Market Value $13,588 Township CATAWBA SPRINGS Improvement Market Value $0 Neighborhood 0594 Total Market Value $13,588 Description #2 LT KATHLEEN B SHERRILL Quantity Category REAL O Sales History Deed Last Transaction Date jQualif Sale Price Stamps Deed Name 1928-0355 5/15/2007 CMB NO $0 $0 LITTLE JANET S 1928-355 5/15/2007 WD NO $0 $0 LITTLE JANET S 05E-487 11/3/2005 SPL NO $0 $0 SHERRILL, KATHLEEN Land Segments Land Zone Land Land Segment Code Type Code Quantity 1 ELDD R -T & P AC O 2.482 Total Acres 2.482 Midgatian Services ENVIROMMEMTAL"ALITY February 28, 2018 Lawreance Mashburn Sylvan Creek Properties, LLC 700 E. Morehead Street, Suite 100B Charlotte, NC 28202 Project: Sylvan Creek ROY COOPL:I( MICHAEL �. RF,GAN11 Expiration of Acceptance: 8/28/2018 County: Lincoln 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. Type I Impact Catawba 03050101 Riparian Wetland 0.06 Catawba 03050101 Warm Stream 283 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 02B .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 (919) 707-8915. cc: Perry Isner, agent Sincerely, Ja es. B Stanfill Ass anagement Supervisor State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W ]ones Strect, Suitc 3000 919 707 8976 T U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 2015-02027 County: Lincoln U.S.G.S. Quad: Denver NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Silver Hammer. Ane. / Ann.: Lawrence Mashburn Address: P.O. Box 37229 Charlotte. NC 28237 Teleirlmrne Number: 704-619-3990 Size (acres): +/+/_9p Nearest Town: peeveL Nearest Waterway: UT Forney Creek and Forney -reek Coordinates: 3&5255 N.91.0214 W River Rasin/ HUC: Upper Catawba (030501011 Location description: The site is located on a tract of land fall or Darts of omrtd HN 34090. 32514.34096.59241 37399, 32520.34085. mad 86604) at 3387 North NC Hiehwsv 16 Business in Deaver Lincoln County North Carolina Indicate Which of the Following Apply: A. Preliminary Determination X Rased on preliminary information, there may be 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 Cnrps district for further instruction. Also, you may provide aew information for further consideration by the Cotes 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 of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 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 wetlands on your property delineated. Due to the site of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been vnified 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 of the U.S. including 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 Iiye years ftom the date of this notification. Thcre are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clem Water Act (33 USC 1344). Unless there is a change in the law or our pablisbed regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact We Division of Coastal Management to determine their requirements. 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 § 1311). If you have any questions regarding this determination and/or the Corps regulaluiy program. please contact David Brown at 828-271-7960, ext. 232 or david.w.brown(o�usace.army.mil. C. Basis for Determination: The site contains wetlands m determined by the 198' Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of EngbWers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region, Version 2.0. These wetlands are abutting to stream channels located on the property that exhibit indicators of ordinary high water marks and have perennial flow. The site also contains open water (an impoundment) that abut the wetlands and is an impoundment of a stream channel located on the site. The stream channels on the property are an unnamed tributary (LIT) of Forney Creek, relatively permanent waters (RPW), and Forney Geek (RPW). UT of Forney Creek flows into Forney Creek, which flow into Killian Creek (RPW), and then flows into Dutchmans Creek (RPW). Dutchmans Creek flows into the Catawba River, a traditional navigable water (TN W) and a Section 10 water at the Mountain Island Lake dam in Mecklenburg County, NC. The Catawba River joins the Santee Cowper Rives ill South Carolina before entering the Atlantic Ocean. The Ul' of Forney Creek and Forney Creek, have bed and bank, are blue line features on the USGS 7.5 minute topographic quadrangle map, and exhibit indicators of ordinary high water mark. D. Remarks: The waters of the U.S., at this site, were verified on-site by the Corps on October 6, 2015 and are as approximately depicted on the attached Approximate Depiction of Waters and Wetlands Map, Figure 1, (dated July 17, 2015) and subwitted by f Iuysman and Bandy, Inc. E. Attention USDA Program Participants This delineation/determination has been conducted to identity the limits of Corps' Clean water Actjurisdictiuu for the particular site identified in this request. The del ineation/determination may not be valid for the wetland conservation proviEions of the Food Security Act of 1985- If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. shave) This correspondence constitutes an appioved jurisdictional determination for the above described site If you object to this determination. you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this detennination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM 15 Atlanta, Georgia 303U3-8801 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. Shou d you decide to submit an RFA form. it must be received at the above address by N/A. "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official:—_ ---- David Brown Issue Date of JD: November 9.2015 Expiration Date: Five years from Issue Date