20150045 Ver 2_401 Application_20180318

WEPG
�vlSI��US V")-
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2015 - 00189 BEGIN DATE [Received Date]: $ PAID
Prepare file folder ❑ Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
Sanctuary at Southgate
2. Work Type: Private W1
Institutional ❑ Government
❑
Commercial ❑
3. Project Description / Purpose [PCN Form 63d and Be]:
To construct a road crossing and stormwater management BMP to service a proposed residential
housing development.
4. Property Owner / Applicant [PCN Form A3 or A4]:
Anthony Sparrow, Walton Development &Management
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
35.08531 N/-80.5953 W - 5111-5275 Poplin Road, Indian Trail NC 28079
8. Project Location - Tax Parcel ID [PCN Form B1a]: multiple parcels - see attached parcel map
9. Project Location — County [PCN Form A2b]: Union
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Indian Trail
11. Project Information — Nearest Waterbody [PCN Form 62a]: North Fork Crooked Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form B2c]: 03040105 - Rocky
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 18 & 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
VSection 10 & 404 ❑
Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

Wetlands and Environmental Planning Group
March 7, 2018
Mr. David L. Shaeffer
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue
Asheville, NC 28801-5006
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 St.
Asheville, NC 28801
Leonard S. Rindner, PLLC.
Subject: (SAW -2015-00189) Pre -Construction Notification for NWP #18 and #29 for the
Sanctuary at Southgate Site, Indian Trail, Union County, NC
Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead,
Enclosed is a request for Nationwide Permit # 18 and #29 associated with the proposed Sanctuary
at Southgate Site in Indian Trail, Union County NC. The site consists of two intermittent streams
(Intermittent Streams SB and SJ), a perennial reach (Perennial Stream SI) and three wetland
areas (Wetlands SA/SC, SD/SE/SF and SG). Total linear feet of stream and acreage of wetlands
onsite are approximately 1,933 and 2.011, respectively. An Approved Jurisdictional
Determination Request and PCN application was submitted in January 2015 for the proposed
project and was authorized in Feburary 2015. Currently, the Jurisdictional Determination is valid
through February 24, 2020; however, the 404/401 Permit expired on March 18, 2017. Please
refer to the Authorizations section for the referenced Jurisdictional Determination and 404/401
Permit Authorizations.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
len. ri ndner@wetlands-epg. com

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
This project plan is currently identical to the approved plan from 2015 and will include 0.167
acres of permanent impacts to onsite wetlands. The applicant is proposing mitigation at 1:1 ratio
for 0.167 acre of impacts. Please refer to the attached plans for additional details of the proposed
impacts to onsite wetlands. Also, please see the enclosed conditional acceptance letter from
NCDMS.
Thank you for your consideration and please contact me if you have any questions, (704) 999-
5279 or email at heath.caldwellLwetlands-epg.com.
Sincerely,
Heath Caldwell Len Rindner, PWS
Environmental Scientist Principal
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetiands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

(D
3
0
n'
w
0
Permit Application

O�O�- W A TF,9O61
Office Use Only:
Corps action ID no. 2015-00189
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
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 & 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
X❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
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.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
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:
Sanctuary at Southgate
2b.
County:
Union
2c.
Nearest municipality / town:
Indian Trail
2d.
Subdivision name:
Sanctuary at Southgate
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Walton Development & Management
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Anthony Sparrow
3d.
Street address:
8000 Westpark Drive, Suite 430
3e. City, state, zip:
McLean, VA 22102
3f.
Telephone no.:
615-406-5723
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Heath Caldwell
5b.
Business name
(if applicable):
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
5c.
Street address:
1070 Tunnel Road, Building 1, Suite 10, PMB 283
5d.
City, state, zip:
Asheville, NC 28803
5e.
Telephone no.:
704-999-5279
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):
multiple parcels - see attached parcel map
1 b. Site coordinates (in decimal degrees):
Latitude: 35.08531 Longitude: -80.5953
1 c.
Property size:
140.7 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
North Fork Crooked Creek
2b.
Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
03040105 Rocky
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is a mix of open pasture and woodland surrounded by low-density residential housing.
3b.
List the total estimated acreage of all existing wetlands on the property: 2.011
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,933
3d. Explain the purpose of the proposed project:
To construct a road crossing and stormwater management BMP to service a proposed residential housing development.
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, trackhoe, dump trucks, 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?
E] Preliminary X❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE determination issued February 24, 2015 and is 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.
Permits were obtained for project on February 24, 2015. Permits have since expired and this application is a request for reauthorization for exact impac
0
6.
Future Project Plans
6a.
Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
This permit request is associated with Phase 1 of the residential development. There are additional phases proposed but no impacts are anticipated
and jurisdictional features on the property will be avoided (See attached delineation map for Intermittent Stream SJ Which will be avoided).
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Culvert
Headwater Wetland
Yes
Corps
0.079
W2 P
Fill
Headwater Wetland
Yes
Corps
0.065
W3 P
Culvert
Headwater Wetland
Yes
Corps
0.023
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:
0.167
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
Choose one
S2
Choose one
S3 -
Choose one
S4 -
Choose one
S5 -
Choose one
S6 -
Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then 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 you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project area is 140 acres in size in which a portion is bisected by streams/wetlands therefore a road crossing (Impact W1) is needed to access
uplands on the site in the southwest corner of the property. Another small wetland also bisects the site near the main entrance in which a road
crossing and BMP will need to be constructed (Impact W2 and W3). Total impacts proposed are to 0.102 for road crossings under NWP #29 and 0.065
acres for fill for a storm water BMP under NWP#18 for a total of 0.167 acres.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The road crossings have been constructed the minimum width necessary to provide safe access and traffic flow. Bridges and bottomless arch culverts
were not proposed due to substantially increased costs for these type of structures. The impact associated with the BMP could not be avoided due to
the location of the wetland and the needed location for the BMP to treat storm water from the site. If this area was avoided, the project would have to
be re -designed and many lots would have to removed which would make the project as proposed infeasible.
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):
❑ 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.
Yes
4b. Stream mitigation requested:
0 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:
0.167 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: Applicant is proposing mitigation at 1:1 ratio for 0.167 acre of impacts. Acceptance letter from NCEEP enclosed.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes ❑X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes X❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
48
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:
Phase 1 Storm water will be treated on the site by construction of a Wet Pond BMP and a Sand Filter BMP. Future Phase 2 storm water will be treated
with a Wet Pond BMP. All treatment facilities designed in accordance per Indian Trail standards.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Town of Indian Trail / Union County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Town of Indian Trail / Union County
❑X 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 Q No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X 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
El 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
El 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
F1 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.
Future phases of the development will be required to treat all storm water generated by the development. No impacts to wetlands/stream channels will
result from development of future phases.
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 ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Professional knowledge of threatened/endangered resources in the area. No habitat for potential species exists on the site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Information provided by Engineer. Development has 100 -year floodplain located on property but proposed impacts are not located with the 100 -year
floodplain.
Dgitally H,g,,d by Heath Ce -11
Heath Caldwell
Heath Caldwell
ema; hath �aawe1@,e a-epg m <=U6
Date 20,60306,51645-0500
03-06-2018
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

WEPQ
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Sanctuary at Southgate
Property Address: 5111-5275 Poplin Road, Indian Trail NC 28079
Parcel Identification Number (PIN): 07006001, 07006001A, 070060018, 07006001C, 07021007D, 07021015E,
07009017
Select one: I am the current property owner
Name: Anthony Sparrow
Company: Walton Development & Management
Mailing Address: 8000 Westpark Drive, Suite 430, McLean, VA 22102
Telephone Number: 615406-5723
[e-mail]
Property Owner/ Ifterested Buyer* /,
Ka� 3'C'r g
Date
* The Interested Bever/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the currentproperty owner and the signatory of this authorization in cases
where the propertv is not owned by the signatory.
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville. NC 28805
[phone]
len.rindner aQwetlands-epg.corn

Mitigation Services
ENVI It ON I4EMTAL QUAL IT
March 1, 2018
Anthony Sparrow
Walton Development and Management
8000 Westpark Drive, Suite 430
NcLean, VA 22102
Project: Sanctuary at Southgate
110Y COOPF,R
MICHAFI, S. RL (iAN
Expiration of Acceptance: 9/2/2018
County: Union
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 PermiV401 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 Location I Impact Type Impact Quantity
(8 -digit HUC)
Yadkin 03040105 Riparian Wetland 0.21
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 [phone].
cc: Heath Caldwell, agent
Sincerely,
&Jae�/41�tanfill
s Asset Management Supervisor
State of North Carolina 1 Envirotnncntal Quality I Mitigation Services
1652 Mail Service Center I Raleigh, NC; 27699-1652 1 217 W. Jones Street, Suite 3000
919 707 8976 T

0
Maps/Plans

FIGURE NO.1A Sanctuary at Southgate
Drawn By: Reviewed By:
---- -a �-- Indian Trail, Union County, NC HAc SSR
Union County GIS Parcel Information DATE:
Source: http://maps.co.union.nc.us/yomaps/mal/lndex.cfm 12/16/14

Ra -vimPOPH
Lie
;A-:
•.
_T\�h
O4�' ~
aaV�
Y
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
len. rind ner@wetlands-epg-com
[phone]
_ www.wetlands-epg.com

17'30" 1351A0in E '36 '37 35' '39 IDLAND)
_ -- Mill G a /M-
J l / Cem ♦.• 1 G��� Creek
{ l
La1,dre � � Ilow �MiAf Hd4•Matth � � " ��
1 I � Airpprt
slT _
41
6T3 )-D I�_ • (j / ? - �t gen 541.
f - I
r /26j J
I.' 7 • bem
C+, t' U fon Grove Ch
Rrtch.��' ` �751a�
Cem-- -yV' 566 •BM
r
[a
�^ r ' '°°S'a• North For
Cre
O
• dive �� Y,r,j" — � v—,-.
}� y Project Area
Lz
�--
2
63r nt. .`
"4 LOCATION:
SCALE �'nnr,::,3, LATITUDE LONGITUDE
2400 1200 0 2400(Feet) 35.08531 N 80 59529 W
• 'J _/ HUC:03040105
ROCKY
FIGURE NO.
4
Sanctuary at Southgate
Indian Trail, Union County, INC
SHEET`.
DRAWN PJK
REVIEWED LSR
BY:
BY.
USGS LOCATION MAP
DATE
PAGE.
02/11/13
BAKERS INC) QUADRANGLE
Revised
1971 Photo revised 1987
10/03/13

FIGURE NO.
5
Sanctuary at Southgate SHEET 1 OF 2
Indian Trail, Union County, NC DRAWN NRN REVIEWED LSR
BYBY
DATE. PAGE.
SOILS MAP 02/71/13
Revised
*Approximate Boundary
70/03/13

EXISTING STREAM
FEMA FLOODPLAIN
N
EXISTING STREAM
EXISTING STREAM
GRAPHIC SCALE
SANCTUARY AT SOUTHGATE 0 600 1200
ALL PHASES IN FEE
1 inch = 600 M
PROPERTY LINE EXHIBIT
sh.e
WALTON DEVELOPMENT & MANAGEMENT (USA), INC. OVERALL
10735 DAVID TAYLOR DR., STE 150 EXISTING
CHARLOTTE, NC 28262 CONDITIONS
I
VA:4: 6111
EXISTING STREAM
FEMA FLOODPLAIN
N
EXISTING STREAM
EXISTING STREAM
GRAPHIC SCALE
SANCTUARY AT SOUTHGATE 0 600 1200
ALL PHASES IN FEE
1 inch = 600 M
PROPERTY LINE EXHIBIT
sh.e
WALTON DEVELOPMENT & MANAGEMENT (USA), INC. OVERALL
10735 DAVID TAYLOR DR., STE 150 EXISTING
CHARLOTTE, NC 28262 CONDITIONS

WETLANDS
r � �
1 - FEMA
FLOODPLAIN 1 �_
\ / BMP WET POND
BMP SAND FILTER
7
PROPOSE
I
FEMA,
FLOODPLAIN
WETLAND
CROSSING
WETLANDS
bik
1.0
/�,
THIS PROJECT IS SUBJECT TO NPDES PHASE II REGULATIONS.
WET POND BMP DESIGNED+
PER NPIDES PHASE 11
EXISTING STREAM
GRAPHIC SCALE
SANCTUARY AT SOUTHGATE o 600
ALL PHASES 01 FEET
PROPOSED CONDITIONS EXHIBIT 1 inch - eoo rt
Sheet
WALTON DEVELOPMENT & MANAGEMENT (USA), INC. OVERALL
10735 DAVID TAYLOR DR., STE 150 PROPOSED
CHARLOTTE, NC 28262 CONDITIONS

63(
62(
61(
SANCTUARY AT SOUTHGATE
WETLAND ROAD CROSSING
19+00 20+00 21 u 22
u
PROPOSED GRADE
EXISTINC WETLANDS
EXISTING GRADE
CONTECH ALBC #33 - 15' SPAN X
3.5' RISE ALUMINUM BOX CULVERT.
FLOW AREA = 46.8 SQ FT
(OR APPROVED EQUAL)
19+00 20-00 21-00 22-00
5tatlon
gill
cl
Ift
GRAPHIC SCALE
SANCTUARY AT SOUTHGATE o 50' 100,
PHASE 1 (ni Fm)
1 inch - so &
WETLAND CROSSING EXHIBIT
shoe
WALTON DEVELOPMENT & MANAGEMENT (USA), INC. PROPOSED
10735 DAVID TAYLOR DR., STE 150 CROSSING
CHARLOTTE, NC 28262 CONDITIONS

WETLANDS IMPACTED
ROAD CROSSING
3,456 SQ. FT.
IN BMP FOOTPRINT
2,820 SQ.FT.
NOT INBMP FOOTPRINT
1,005 SQ. FT.
TOTAL= 7,281 SQ. FT. OR
0.167 AC.
W W
\
W
W
W W
FEMA FLOODPLAIN
ADOPTED 2008
W W
W
W W
W
I ROPOSED
PHASE 1
W
W W
W
W W
/
W EXISTING
/
/
W JWETLANDS
W
2,X
W W W
W W
3,456 SQ. FT.
EMBANKMENT
W
W
WETLANDS
SLOPES ARE 2:1
W
IMPACTED ,
/W W
CONTECH ALBC #33 - 15' SPAN
X 3.5' RISE ALUMINUM BOX
CULVERT. FLOW AREA= 46.8
v W y W
\
SQ FT (OR APPROVED EQUAL
EXISTING
ROPOSED
' WETLANDS
PHASE 1
`W` W W
A
,(1
W
W
/
W
WETLANDS IMPACTED
ROAD CROSSING
3,456 SQ. FT.
IN BMP FOOTPRINT
2,820 SQ.FT.
NOT INBMP FOOTPRINT
1,005 SQ. FT.
TOTAL= 7,281 SQ. FT. OR
0.167 AC.
GRAPHIC SCALE
SANCTUARY AT SOUTHGATE 0 50, 100,
PHASE 1 ( >N FEET )
I inch = 50 M
WETLAND CROSSING EXHIBIT
Sheat
WALTON DEVELOPMENT & MANAGEMENT (USA), INC. PROPOSED
10735 DAVID TAYLOR DR., STE 150 CROSSING
CHARLOTTE, NC 28262 CONDITIONS

SANCTUARY AT SOUTHGATE
PHASE I
WETLANDS BMP IMPACT EXHIBIT
WALTON DEVELOPMENT & MANAGEMENT (USA), INC.
10735 DAVID TAYLOR DR., STE 150
CHARLOTTE, NC 28262
GRAPHIC SCALE
50' 100'
c INS')
1 inch = 50 ft.
Sheat
IMPACT
DETAIL

SANCTUARY AT SOUTHGATE
PHASE 1
WETLANDS IMPACT EXHIBIT
WALTON DEVELOPMENT & MANAGEMENT (USA), INC.
10735 DAVID TAYLOR DR., STE 150
CHARLOTTE, NC 28262
GRAPHIC SCALE
0 50' 100'
IN FM
1 inch — so ft
Sh.d
IMPACT
DETAIL

\ G
�J
PROPERTY LINE
SS, /
�\
� S
S�
DELINEATED WETLANDS
:��_- \mss -
s� '
FEMA FLOODPLAIN 00,
PROPOSED
PHASE 1 _
DELINEATED WETLANDS
SANCTUARY AT SOUTHGATE
PHASE 1
WETLANDS IMPACT EXHIBIT
WALTON DEVELOPMENT & MANAGEMENT (USA), INC.
10735 DAVID TAYLOR DR., STE 150
CHARLOTTE, NC 28262
GRAPHIC SCALE
0 100' 200'
IN FEET
1 inch = loo M
sheM
IMPACT
DETAIL
\
\
G
�J
\ G
�J
PROPERTY LINE
SS, /
�\
� S
S�
DELINEATED WETLANDS
:��_- \mss -
s� '
FEMA FLOODPLAIN 00,
PROPOSED
PHASE 1 _
DELINEATED WETLANDS
SANCTUARY AT SOUTHGATE
PHASE 1
WETLANDS IMPACT EXHIBIT
WALTON DEVELOPMENT & MANAGEMENT (USA), INC.
10735 DAVID TAYLOR DR., STE 150
CHARLOTTE, NC 28262
GRAPHIC SCALE
0 100' 200'
IN FEET
1 inch = loo M
sheM
IMPACT
DETAIL

WO
Jurisdictional Determination
Information

Total Site Acreage = 140.7 acres
....... Non -Jurisdictional swales/gullies
Data Forms Provided
FIGURE NO.
7
Sanctuary at Southgate
Indian Trail, Union County, NC
SHEET
DRAWN JAu
BY: NRN
WETLAND DELINEATION MAP
DATE: Revised
APPROXIMATE LOCATION
05113113
SUBJECT TO USACE/NCDENR VERIFICATION
07108/13
10103/13
B;.• LSR
PAGE:

N
c
O
cd
N
.7
O
s
El
Authorizations

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2015-00189 County: Union USGS Quad: NC -Bakers
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Andy Rathke, Walton Development & Management (USA), Inc
Address: 11535 Carmel Commons Blvd., Suite 102
Charlotte, North Carolina 28226
Telephone No.: 704-879-2475
Size and location of property (water body, road name/number, town, etc.): The project is located at
5111-5275 Poplin road, Indian Trail, in Union County, near Indian Trail, NC, Coordinates:
35.08531N, -80.59529W
Description of projects area and activity: This permit authorizes excavation and placement of fill
material associated with culvert installation and wetland fill.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW 18 & 29
Sum ary of Authorized Im acts and Required Miti ation
Impact ID #
NWP / Oen Water (ac)
GP # Temporary Permanent
Wetland (ac) Stream (If)
Temporary Permanent Temporary Permanent
Culvert
0.079
Fill
0.065
Culvert
0.023
Impact Totals
0.167
Total Loss of Waters of the U.S. (ac) 0.167
Total Loss of Waters of the U.S. (If)
Required Wetland
Mitigation (ac)
0.167
Required Stream Mitigation (if)
Additional Remarks and/or Special Permit Conditions
*Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the
stream. Culverts 48 inches or less shall be buried at an appropriate depth to maintain aquatic
passage as defined in Final Regional Condition 3.6 attached to this NWP. Any impact deviation to
the approved plan must be approved by prior notification from the Corps before these impacts can
occur.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your plans submitted on January 13, 2015. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,

unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. You may also visit their website at: http://portal.ncdenr.or> hveb/wq/swp/ws/webscape
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact William Elliott at 828-271-7980.
ELLIOTT.WILLIAM. a
Corps Regulatory Official _William Elliott ANT°NY.'°4$69 we o,noj 1 e05 90 Date: February 24, 2015
Expiration Date of Verification: March 18, 2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://per2.nwp.usace.ari-ny.mil/survey.hti,nl to complete the survey online.

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
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 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.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and
Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channel on the property is an unnamed tributary to North Fork Crooked
Creek which flows into the Rocky River which flows into the Pee Dee River.
This jurisdictional determination is valid for the impact areas only.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The de lineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in
B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

ELLIOTT.WILLIAM.A Digitally signed by
ELLIOTT. W ILLIAM.ANTHONY.1048694604
NTHONY.10486946 DN -US, —U.S. USA, Government, ou=DoD,
ou=PKI, ou=USA,
m
04 =ELLIOTT.WILLIAM.ANTHONY.1048694604
Corps Regulatory Official: _William Elliott Date: 2015.02.2418:06:10-05'00'
Issue Date: February 24, 2015
Expiration Date: Five years from Issue Date
Copy Furnished:
Len Rindner, PPLC/WEPG, 10612-D Providence Road, PMB 550, Charlotte, NC 28277

Permit Number: SAW -2015-00189
Permit Type: NW 18 & 29
Name of County: Union
Name of Permittee: Andy Rathke, Walton Development & Management (USA), Inc
Date of Issuance: February 24, 2015
Project Manager: William Elliott
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQ . PPEAL
Applicant: Andy Rathke, Walton Development & File Number: SAW -2015- Date: February 24,
Management (USA), Inc 00189 2015
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
X APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
http://www.usace.army.mil/CECW/Pages/reg.materials.aspx or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.

,a
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the 0
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFnA r ► T
tecora of the "`�`""" ►uN: The a
clarify r appeal conference appeal is limited to a review of the administrative record the Corps memorandum for the
You the administrative record. r meeting, and an
nrovidNeither thea y supplemental information that the review officer has determined is needed to
e additional information to ppellant nor the Corp
POINT OF CON clan s may add new information or analyses to the record. However,
If you have CT FOR clarify the location of information that is already in the administrative record.
Process you questions re UES
O
Williammay Contac reg
this decision and/or then �OATION.
Elliott, Project In,
appeal If ou
USAGE Asheville Re Y only have questions re ardin the
151 Patton Ave guiatory Field also contact: g g appeal process you may
RM 208 Office Mr. Jason Steele
Asheville,
, Administrative A
828-271-7980 NC 28801 CESAD_pD� ppeal Review Offlcer
U.S. Army rmy Corps of En
consul t OF ENTRY: Yo 6o Forsyth Street, Engineers South Atlantic
notice f ts, to conduct invr signature Belo Atlanta, Geor Room 1OM15 DI vision
any site in ti estigations of t grants the ri phone; Georg,. 30303-8801
gation, and will have th 'ect site Burin Of entry to Corps 004 562-5137
°PPortunity o he cowse of the a ngmeers perSo11ne1, and an
'tgnature ofa partici Ppea1 ygove
ppellant D pate in all site ;n process. You w;/1 be 'nment
or agent ate: estigationg provided a 15 day
"or appeals on Initial Proffer
Telephone number.-
District
umb
District En ed Permits el '
Wilmin gineer, Wilmington
send this form to;
For P gt0n, North Carolina 2843 ulatory Division, Attn:
ermit denials William Elliott
, Proffered Permits and ' 69 Darlington Avenue,
Dis'ision En approv e
gineer, Co ed Jurisdictional '
m���ffrat%�e,9 mmander, jI,S, Determinations
86� P pPea/01�,er Army EngineerDivision ations send this form to:
' CES`�D p�0, 60Forsyth Street,sours,
�Qo Atlantic, Attn:
S.
Rnn». _ _ n Steele,
la 30303-

10..

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
January 29, 2015
DWR# 15-0045
Union County
Mr. Andy Rathke
Walton Development & Mgt., Inc.
11535 Carmel Commons Blvd., Ste. 102
Charlotte, NC 28226
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Sanctuary at Southgate
Dear Mr. Rathke:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated January 8,
2015, and received by the Division of Water Resources (the Division) on January 13, 2015.
After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3890 which can be viewed on our web site at
http://Portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use
Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of
Engineers (COE). Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires
unless otherwise specified in the General Certification. It is advised that all conditions of
the Certification are reviewed prior to initiation of the project. In addition to the
requirements of the Certification, you must also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may
be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter;
and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506
(b),15A NCAC 02H .0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone]\ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

3. Approved Impacts:
Type of Impact Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream relocation 0 linear ft.
0 linear ft.
Wetland 0 acre.
0.167 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss
and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC
02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall
be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. A final, written stormwater management plan (SMP) is required per condition No. 12
of the General Certification. You are required to provide one copy of the approved
SMP, including plan details on full-sized plan sheets, with proof of The Town of
Indian Trail's approval. The approved SMP shall be submitted to the DWR 401 &
Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before
any impacts authorized in this Certification occur. After it is approved and submitted
to the Division, the SMP may not be modified without prior written authorization from
the delegate authority or DWR. If the SMP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Unit prior to the commencement of the modifications. 15A NCAC 02H
.0506(b)(5)
7. Hydrology of the remaining wetlands on site shall be maintained. 15A NCAC 02H
.0506 (b).
8. Mitigation must be provided (per the Army Corps of Engineers) for the proposed
impacts as specified in the table below. The Division has received an acceptance
letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. Until the EEP receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the EEP to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation River and Sub -basin
Required Number
Stream 0 feet
Wetlands (COE) 0.21 acres Yadkin 03040105 1:1 ratio

10
9. Stormwater discharge structures at this site shall be constructed in a manner such
that the potential receiving streams (of the discharge) will not be impacted due to
sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H
.0506(b)(5)
10. Heavy equipment may be operated within the stream channels however; its usage
shall be minimized to the extent practical. 15A NCAC 02H.0506(b)(3)
11. During the construction of the project, no staging of equipment of any kind is
permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H
.0506(b)(3)
12. No drill slurry or water that has been in contact with uncured concrete shall be
allowed to enter surface waters. This water shall be captured, treated, and disposed
of properly. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible
aquatic life and fish kills. 15A NCAC 02H .0506(b)(3)
13. The Permittee shall ensure that the final design drawings adhere to the permit and
to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A
NCAC 02H .0506 (b)(2) and (c)(2)
14. Heavy equipment shall be operated from the banks rather than in the stream channel
in order to minimize sedimentation and reduce the introduction of other pollutants into
the stream. 15A NCAC 02H.0506(b)(3)
15.All mechanized equipment operated near surface waters must be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3)
16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than
3:1, unless otherwise authorized by this certification. 15A NCAC 02H.0506(b)(2)
17. The outside buffer, wetland or water boundary located within the construction corridor
approved by this authorization shall be clearly marked by highly visible fencing prior
to any land disturbing activities. Impacts to areas within the fencing are prohibited
unless otherwise authorized by this certification. 15A NCAC 02H.0501 and .0502
This Certification can be contested as provided in Articles 3 and 4 of the General
Statute 1506 by filing a written petition for an administrative hearing to the Office of the
Administrative Hearings (hereby known as OAH). A petition form may be obtained from
the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with
the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday, 8:00 am to 5:00 pm, excluding state holidays).

The petitions may be faxed to the OAH at [phone], provided the original and
one (1) copy of the petition along with any applicable OAH filing fee is received by the
OAH within five (5) business days following the faxed transmission. Mailing address for the
OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the
Mooresville Regional Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in
Raleigh 919-807-6360.
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Len Rindner,
MRO, Land Quality