20190515 Ver 1_401 Application_20190423

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
To: Ms. Catherine Janizack
Charlotte Regulatory Satellite Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801
Subject: Presley Site
Gastonia, North Carolina
SAW -2018-01806
CWS Project No. 2018-0248
LETTER OF TRANSMITTAL
20190515
Date: April 18, 2019
WE ARE SENDING YOU: NWP 29
ON BEHALF OF: Presley Development, LLC, POC: Mr. Sean Coon
ATTACHMENTS INCLUDED:
NO.
DESCRIPTION
A
Figures 1-7
B
Property Owner Information
C
Agent Authorization Form
D
Impact Figures and Construction Plans
E
Protected Species Habitat Assessment
F
SHPO Correspondence
G
Photo a e (Photographs 1-19
H
Issued PJD SAW -2018-01806
THESE ARE TRANSMITTED as checked below:
J For verification and signature ❑ Revisions per field visit ❑ As requested ❑ As submitted
REMARKS: Ms. Janizack we are submitting a NWP 29 application for your verification and
signature.
Please do not hesitate to contact Daniel Roberts at 865-679-8953 or [e-mail] should
you have any questions or comments regarding this request.
Sincerely,
75_jug�__
Daniel Roberts
Project Scientist
f;a
Christine Geist, PWS, CE
Principal Scientist

Preliminary ORM Data Entry Fields for New Actions
SAW — 201 -
BEGIN DATE [Received Date]:
Prepare file folder F-1 Assign Action ID Number in ORM FI
1. Project Name [PCN Form A2a]: Presley Site
2. Work Type: Private Fv/1 Institutional 11 Government Commercial
3. Project Description / Purpose [PCN Form 133d and 63e]:
Residential Development
4. Property Owner/ Applicant [PCN Form A3 or A4]:
Presley Development LLC; POC: Sean Cooney
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Daniel Roberts, PWS
6. Related Action ID Number(s) [PCN Form 65b]: SAW -2018-01806
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
North of the Union Road and New Hope Road intersection in Gastonia, North Carolina
35.182055,-81.115505
8. Project Location -Tax Parcel ID [PCN Form 61a]: 3562776203
9. Project Location —County [PCN Form A2b]: Gaston
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Gastonia
11. Project Information — Nearest Waterbody [PCN Form 132a]: UT to Catawba Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050101
Authorization: Section 10 F-1 Section 404 F-7 Section 10 & 404 H
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 29
Regional General Permit #
Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

O�pF W ATFAQG
Office Use Only:
Corps action ID no.
DWQ project no. _
Form Version 1.4 January 2009
Page 1 of 13
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:T_
® Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes ® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below.
❑ Yes ® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Project Information
2a.
Name of project:
Presley Residential
2b.
County:
Gaston
2c.
Nearest municipality / town:
Gastonia
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
4 Star Investors LLC
3b.
Deed Book and Page No.
4549-0097
3c.
Responsible Party (for LLC if
applicable):
Sean Cooney
3d.
Street address:
P O BOX 2494
3e.
City, state, zip:
Gastonia, NC 28053
3f.
Telephone no.:
602-481-4301
3g.
Fax no.:
N/A
3h.
Email address:
[e-mail]
Page 1 of 13
PCN Form —Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is: -
Agent Other: Developer
4b. Name:
Sean Cooney
4c. Business name
(if applicable): -
Presley Development LLC
4d. Street address:
2701 East Camelback Road, Suite #180
4e. City, state, zip:
Phoenix, Arizona, 85016
4f. Telephone no.:
602-481-4301
4g. Fax no.:
N/A
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Daniel Roberts, PWS
5b. Business name
(if applicable):
Carolina Wetland Services, Inc.
5c. Street address:
550 E. Westinghouse Blvd.
5d. City, state, zip:
Charlotte, NC 28273
5e. Telephone no.:
704-527-1177 ext 707
5f. Fax no.:
N/A
5g. Email address:
[e-mail]
Page 2 of 13
PCN Form —Version 1.4 January 2009

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID):
3562776203
1 b. Site coordinates (in decimal degrees):
Latitude: 35.182055 Longitude: -81.115505
1 c. Property size:
314 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Sugar Creek
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Catawba River (03050103)
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 project area consists of an undeveloped forested parcel, with on-site elevations ranging from 670-740 feet above
mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mid -successional mixed
forest, and forested wetlands (Figure 3).
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web
Soil Survey of Gaston County (Figure 4) and the NRCS 1989 Soil Survey for Gaston County (Figure 5), current and
historic on-site soils consist of eight different soil types (Table 1). Of the on-site soils, two are listed on the Web Soil
Survey as containing hydric inclusions.
3b. List the total estimated acreage of all existing wetlands on the property: 0.525 ac.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
4,838 If of stream channel
3d. Explain the purpose of the proposed project:
The purpose of this project is to construct a residential subdivision which will provide needed housing in Gastonia, NC, a rapidly
growing suburb of Charlotte.
Page 3 of 13
PCN Form —Version 1.4 January 2009

Describe the overall project in detail, including the type of equipment to be used:
The project proposes to disturb 146 wooded acres to construct a residential development on Gaston County tax parcel
3562776203. The site will be cleared and graded in preparation for construction.
Site preparation will involve the installation of a 100 ft, 60" corrugated metal pipe (CMP) culvert within intermittent Stream B
that will result in 120 If of permanent impacts (S1) and 20' of temporary impacts up and downstream of the culvert due to
dewatering and retaining wall construction (S2) (Attachment D). Permanent impacts to Stream B will total 120 If. Temporary
impacts to Stream B will total 40 If. In accordance with regional condition for all nationwide permits 3.6.1., the culvert will be
buried 1 ft below the bed of the stream. These impacts to Stream B result from the need for a road crossing that will
connect the northern and southern portions of the site. Plans for proposed grading and development of the Presley
Residential Site are shown in Attachment A.
Erosion and sedimentation control measures will be installed. Water will be diverted around the construction area. The
proposed structure will be placed in line with the stream. The new culvert structure will be a 60" CMP with retaining walls.
Water will be pumped around the work area during construction by temporary flexible hose and 10' riprap pits upstream and
downstream of the proposed pipe. Equipment to be used includes a track hoe, dump truck, pumps, various hand tools,
possibly a crane to move construction material such as reinforced bars of steel, and concrete buckets to place concrete.
Page 4 of 13
PCN Form —Version 1.4 January 2009

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by
Yes
the Corps or State been requested or obtained for this
property / project (including all prior phases) in the
past?
4b. If the Corps made the jurisdictional determination,
Preliminary Final
what type of determination was made?
g
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: CWS
Name (if known):
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Request for Preliminary Jurisdictional Determination was submitted to the USACE (SAW -2018-01806). A field site visit
was conducted with Corps Project Manager Catherine Janiczak on October 4, 2018. A PJD was issued for the site on
October 24, 2018.
5. Project History
5a. Have permits or certifications been requested or
Yes No Unknown
obtained for this project (including all prior phases) in
the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
[R§ Yes No
6b. If yes, explain.
This is Phase 1 of a two phase residential development. Phase 2 work will avoid wetlands and streams to maximum extent
practicable.
Page 5 of 13
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):
Wetlands Streams —tributaries a Buffers MtOpen Waters E Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f. Area
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Tempora
W1
[l
r�
W2
r
W3
i?
u
2g. Total Wetland Impacts:
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1
P
Culvert
Stream B
INT
Corps
5 ft
120
S2
T
Temporary Dewatering
Stream B
INT
Corps
5ft
40
S3
T
Open -cut Trench
Stream B
Per
Corps
5ft
48
3h. Total stream and tributary impacts
208
3i. Comments:
Summary of impacts:
Permanent Impacts (loss of waters): 120 If
Permanent (no loss of waters): 0 If
Temporary impacts: 88 If
Total: 208 If
Page 6 of 13
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
Tempora
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
Chogs ,One
`-hoose
04
;Choose,064
LC' hoos
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d.
Wetland Impacts (acres) Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Choose One
P2
SCh"oose'Orie
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
[E], Yes C 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?
ED Neuse Tar -Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number-
Permanent (P) or
Tempora
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
YeI s/_Nd
B2
Yel.__s%Na
B3eI
B4
B5Yep
"s/No
B6
LY . s%No
6h. Total Buffer Impacts:
6i. Comments:
Page 7 of 13
PCN Form -Version 1.4 January 2009

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
To avoid and minimize the impacts to jurisdictional waters of the U.S., the Presley residential site was delineated and the
results of that delineation informed the final site plans. The site was designed in order to minimize impacts to waters of U.S.
as just one stream crossing is proposed.
Reiected Alternative- No Build Ootion
A 'No build' alternative was considered during the planning of this project. The purpose of the project is to construct a
residential subdivision to serve Gastonia, NC, a rapidly growing suburb of Charlotte. A'No Build' alternative would not
meet project goals. Therefore, this alternative was removed from consideration.
Preferred Site Plan
The preferred site plan has minimized impacts to Waters of US to the maximum extent practicable. Impacts to Stream B
(120 If, S1; 40 If, S2) were unavoidable (Attachment D). Multiple design limitations have been imposed to the proposed
development from the City of Gastonia and NCDOT. City Planning has indicated that there is future planning for Union
Road to be extended beyond its intersection with Union New Hope Road as a four -lane highway. Though Union Road will
be constructed as a two-lane road for this development, a future thoroughfare alignment was incorporated into the design
to obtain City approval. Due to the anticipated size and traffic volume a turn signal will be installed at the Union Road and
Union New Hope Road intersection and Union New Hope Road will be widened to have turn lanes for ingress and egress
of the proposed subdivision. This proposed road widening and the need for BMP #3 makes re -configuring the proposed
road crossing so that the proposed road does not cross Stream B not plausible under a nationwide permit. Any
reconfiguration of the alignment to avoid Stream B would create impacts to Stream B from BMP #3 which is not allowable
under a nationwide permit.
The preferred site plan has designed the road crossing of Stream B to be at the closest angle to perpendicular as
possible given design constraints. The width of the crossing was limited to the necessary area to allow traffic to pass
safely in two directions. Due to sinuosity of the stream, the 100 If culvert will impact 120 If of stream.
One additional impact will occur as an open cut trench sewer line crossing totaling 48 If (Attachment D, S3). A waiver of
the 40 ft wide construction corridor for utility lines is requested for this activity.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion and sedimentation control measures will be properly installed and inspected in accordance with the latest
NPDES permit. Erosion and sedimentation BMPs will be installed prior to construction. Water will be diverted around the
work area to prevent sedimentation of downstream aquatic resources and all work will be conducted in the dry. Impacts
will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions
against the staging of equipment in or adjacent to waters of the US. This project will follow all conditions of NWP 29 and
WGC 4139. All temporary impacts will be removed, and channel bed and banks will be restored to existing elevations.
Equipment to be used includes a track hoe, dump truck, pumps, various hand tools, possibly a crane to move
construction material such as reinforced bars of steel, and concrete buckets to place concrete. Typical heavy equipment
will be used in the grading operations (bulldozers, excavators, dump trucks, graders, etc.).
Page 8 of 13
PCN Form —Version 1.4 January 2009

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?
ill Yes No
2b. If yes, mitigation is required by (check all that apply):
E DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Q Mitigation bank
F01 Payment to in -lieu fee program
E Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose°0`ri
Type: ChooLC-h6oseeOnems
Type:,Choo e e
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.
[3Yes
4b. $tream mitigation requested:
4c. If using stream mitigation, stream temperature:
G'hoose One
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
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?
r�p` Yes [0] No
Page 9 of 13
PCN Form —Version 1.4 January 2009

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 10 of 13
PCN Form — Version 1.4 January 2009

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
Yes 7Z 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.
The site is not adjacent to protected NC Riparian Buffers.
Q Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
>24 %
2b. Does.this project require a Stormwater Management Plan?
0 Yes Ef 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:
Development of the site will require the construction of BMP's in accordance with the Gaston County Stormwater Control
Ordinance. Site stormwater run-off from developed areas will be routed through BMP's before discharge. The project is currently
under review by the Gaston County. Approval is expected within the next few weeks.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Gaston County
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Gaston County
® Phase II
3b. Which of the following locally -implemented stormwater management programs
Q NSW
apply (check all that apply):
0USMP
6� Water Supply Watershed
(]j Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
Yes No
attached?
4. DWQ Stormwater Program Review
D Coastal counties
I�
4a. Which of the following state -implemented stormwater management programs apply
that
HQW
( ORW
(check all apply):
Ip a
l0 Session Law 2006-246
0: 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?
(D, Yes ED No
5b. Have all of the 401 Unit submittal requirements been met?
E Yes D No
Page 11 of 13
PCN Form —Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
Yes
(Wj No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
Yes
Q No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
Yes
1E, 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
[07, No
or Riparian Buffer Rules (15A NCAC 28.0200)?
2b. Is this an after -the -fact permit application?
[E7] Yes
[07, 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
ip] Yes
No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This is Phase 1 of a two phase residential development. There are additional waters of the US on the site that may be
impacted by development of Phase 2. Structural Stormwater Control measures will be implemented to manage
stormwater runoff from the site and minimize impacts to the existing stream.
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.
On-site sewage will be treated off site at a Gaston County treatment plant.
Page 12 of 13
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
Q Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
f� Yes No
impacts?
U
5c. If yes, indicate the USFWS Field Office you have contacted.
d
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior
to conducting the on-site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS)
Endangered and Threatened Species and Species of Concern by County for North Carolina online database for
Mecklenburg County. In addition, CWS performed a data review using the North Carolina Natural Heritage Program
(NCNHP) Data Explorer on February 19, 2019 to determine if any record occurrences of federally -listed, candidate
endangered, threatened species, or critical habitat were located within the project limits. The results of the desktop review
and habitat assessment are included in the Protected Species Habitat Assessment Report (Attachment Q.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
Yes9,11 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi
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
L 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?
A review of the NC State Historical Preservations Offices HPO GIS Website (http://gis.ncdcr.gov/hpowebn indicates there
are no historical sites within the project limits. One historically preserved site within 0.5 miles of the Project area (Craig
Farmstead, GS0320). A request for determination of effect was requested from SHPO but no response has been issued
as of the time of this PCN submittal.
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? https:Hmsc.fema.gov/portal/search
4/18/2019
Mr. Daniel Roberts
Applicant/Agent's Signature (Agent's
Date
Applicant/Agent's Printed Name
signature is valid only if an authorization letter
from the applicant is provided.)
Page 13 of 13
PCN Form —Version 1.4 January 2009

Presley Residential
Attachments
ATTACHMENT A:
Figures 1-7
April 18, 2019
CWS Project No. 2019-0127

REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2017.
SCALE. DATE:
1 inch = 5,000 feet 7/24/2018
CWS PROJECT NO. DRAWN BY:
2018-0248 DJZ
COORDINATES: CHECKED BY.
35.182055, -81.115505 CAG
I} fa Mer
>� �itsrsitrr otf
Come
to
V
41.
tlte�� F:v+M
Legend
= Project Limits (239.9 ac.)
5,000 2,500 0 5,000 Feet
FIGURE NO.
Vicinity Map 1
` Presley Site of
CAROLINA Gaston County
WETLANC SERVICES Gastonia, North Carolina 7
G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0015 238 -Acre Presley Site\JD\ArcGIS\Figurel_Vidnity.mxd
I

REFERI
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SCALE:DATE: FIGURE NO.
1 inch = 2,000 feet 7/24/2018 USGS Topographic Map
CWS PROJECT NO: DRAWN BY. 2
2018-0248 DJZ Presley Site
�s of
COORDINATES: CHECKED BY: CAROLINA Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina 7
G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0015 238 -Acre Presley Slte\JD\ArcGIS\Figure2_USGS.mxd

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• _
CfB
•
CeB2
Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded
No
67.7
CeD2
Cecil sandy day loam, 8 to 15 percent slopes, moderately eroded
No
11.4
Legend
ChA
Chewacla loam, 0 to 2 percent slopes, frequently flooded
Yes
2 1 Vara - VaD,
HeB
Helena sandy loam, 1 to 6 percent slopes
Yes
i
LdB2
Lloyd sandy clay loam, 2 to 8 percent slopes, moderately eroded
No
6 ;'
=
Project Limits
�
239.9 ac.
LdD2
Lloyd sandy clay loam, 8 to 15 percent slopes, moderately eroded
No
3 1
PaE
Pacolet sandy loam, 15 to 25 percent slopes
No
2 7
Roads
VaB
Vance sandy loam, 2 to 8 percent slopes
No
1.5
1,000 500 0
1,000 Feet
REFERENCE:
USDA-NRCS SOIL SURVEY OF GASTON COUNTY, NC, DATED 2016.
-
Wo
SCALE:
DATE
USDA-NRCS Current Soil
FIGURE NO,
1 inch =
1,000 feet 7/31/2018
Survey of Gaston County
CWS PROJECT NO
DRAWN BY:
4
2018-0248 JKM
Presley Site
of
COORDINATES:
CHECKED BY:
C A R D L I
N A
Gaston County
35.182055, -81.115505 CAG
WETLAND
SERVICES
Gastonia, North Carolina
7
G'.\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0015 238 -Acre Presley Site\JD\ArcGIS\Figure4_CurrentSoils.mxd

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CeB2 Cecil sandy day loam, 2 to 8 percent slopes, moderately eroded No 67.7'
CeD2 Cecil sandy day loam, 8 to 15 percent slopes, moderately eroded No 11.4
ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded Yes 2.1
HeB Helena sandy loam, 1 to 6 percent slopes Yes 5 c1B , Legend
LdB2 Lloyd sandy day loam, 2 to 8 percent slopes, moderately eroded No 6.2
LdD2 Lloyd sandy day loam, 8 to 15 percent slopes, moderately eroded No 3.4
,- PaE Pacolet sandy loam, 15 to 25 percent slopes No 2.7 Project Limits (239.9 ac.)
VaB Vance sandy loam, 2 to 8 percent slopes No 1.5:
REFERENCE: USDA-NRCS HISTORIC SOIL SURVEY OF GASTON COUNTY, NC, SHEETS 7 AND 8.. DATED 1989. 2,000 1,000 0 2,000 Feet
SCALE: 1 Inch = 2,000 feet DATE 7/24/2018 USDA-NRCS Historic Soil Survey FIGURE NO.
CWS PROJECT NO: DRAWN BY: of Gaston County 5
2018-0248 DJZ Presley Site
CAROLINA
-+ of
j
COORDINATES: CHECKED BY: { A R O L! N A Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina 7
G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0015238-Acre Presley Site\JD\ArcGIS\Figure5_HistodcS61s.mxd

00
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a
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2017.
BACKGROUND LAYER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2017.
01
Legend
Project Limits (239.9 ac.)
Roads
National Wetlands Inventory
MFreshwater Pond
1,000 500 0 1,000 Feet
SCALE: DATE: FIGURE NO.
1 inch = 1,000 feet 7/24/2018 National Wetlands Inventory c
CWS PROJECT NO: DRAWN BY: v
2018-0248 JKM Presley Site
of
COORDINATES: CHECKED BY: CAROLINA Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina 7
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0015 238 -Acre Presley Site\JDV{rcGIS\Figure6_NWl.mxd

8 Stream AConlinued
o
SCP
Legend
Project Limits (239.9 ac.)
Perennial Streams
i- - - Intermittent Stream
Wetlands
Roads
_ I Parcels
DDP Data Point
$ •SCP Stream Classification Point
H Photo Location and Direction
3p9r'\ < Indicates Flow
♦ SCP9
S�
♦ SC 10
♦ Intermittent Stream C ` Jc
i 506 If Wetland II
0.19 acre
♦ ♦SCP 12"
r
I 5 �
ti
Stream A � Q -a o
Intermittent flow: 235 If •���,DP6 ao dam o e
Perennial flow: 2484 If r
Total on-site flow: 2719 If Intermittent Stream B
1,613 If i ^tio X
ti
SCP7
SCP6 Wetland HH
0.10 acre
i J
♦SCP5 i J
/
DP5 sa
Wetland GG
4 0.08 acre 8
1 inch = 200 feet
j' Wetland EE SCP8
s' 0.10 acre
DP3
DP40
<` 'o Wetland FF �♦
0.006 acre
�\ 1 inch= 100.feet
21° SCP
Wetland CC r
0.02 acre Wetland DID
0.001 acre
- -7aC SCP2
r
u \ Wetland AA Wetland BB
REEERENCE: BACKGROUNDGIS LAYER(S)PROVIDED BYGASTON 0.02 acre DIP 0.008 acre
COUNTYGISDE TMENT, DATEO 201 ]. .SCP
NOTE; JURISDICTIONALVAERS OF THE US, WER E DELINEATED(FLAGGEG -
INTHE FIELD).CLASSIFIED, AND MAPPED USINGA SUE-FOOTCAPABLEGPS 1 inch= 200 feet Soo 250 0 500 Feet
UNIT BYCM, INC.. ONJULY26,2018. JURISDICTIONAL FEATURES HAVE NOT - DP
BEEN VERIFIED BY THE USACE. _ 1 O
SCALE: DATE: FIGURE NO.
1 inch = 500 feet 8/13/2018 Jurisdictional Boundaries
CWS PROJECT NO: DRAWN BY: 7
2018-0015 JKM Presley Site of
COORDINATES: CHECKED BY: CAROLINA Gaston County
7
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina
G\Team Dri..ICansultNg Team D,ne1018,2018Cone.ft,gProjxts12018-0248Presley Sit,VDArt ISIF,gure]_JDm.d

Presley Residential
Attachments
ATTACHMENT B:
Property Owner Information
April 18, 2019
CWS Project No. 2019-0127

COi3
'ISH
LA
N
I Tax information
LOCATION: 201 UNION NEW HOPE RD?
PID #: 219645
PIN #: 3%2-77-62M
NBHD #: 4DAN
NBHD NAME: 4 STAR INVESTORS OE%'
TOWNSHIP: SOUTH POINTTt]WNSHIP
GASTONIA �'N%
Tax Information
DEED TYPE: WD
DEED BOOK: 45491 PAGE: 0M7
DEET? RECORDING DATE: G M4=1
SALES AMOUNT SO
PLAT BOOK: I PAGE:
LEGAL DESC. i:.
LEGAL D3ESC. 2:
STRUCTURE TYPE:-
YEAR
YPE:YEAR BUILT: 0
SQUARE FOOTAGE: 0
BASEMENT NO
BEDROOMS: 01 BATHS: D
MULTI -STRUCTURES. NO
ACREAGE: 314.24
DISTRICT CODE:1 BO
OWNER ID • 1592538 TAX DISTRICT GASTONIA CITY
CURRENT OWNERS: 4 STAR INVESTORS VOLUNTARY AG DISTIBCT: NO
LLC UNION RD)
MAILING ADDRESS: P O BOX 2444 , MARKET LAND VALUE: S22,079.501
GASTONIA, NC 28053.0000 I MARKET IMPV. VALUE: 5260
JANUARY Ist OWNERS: 4 STAR Iii VESTORSI MARKET VALUE: 52,079,761
LLC UNION RD) FARM DISCOUNT NO
TAXABLE VALUE: $2,079.761
11
Election Information
PRECINCT NAME: UNION
POLLING PLACE: VV A BESS ELEMENTARY
SCHOOL
POLLING ADDRESS: 4340 BEATY RD
WARD P. 1
CONGRESS REPRESENTATIVE: MEMBER
PATRICK MCHENRY
CONGRESSIONAL DISTRICT: 10
HOUSE REPRESENTATIVE:
REPRESSENTATIVE DANA BU MG=,R Di SER
(REP)
HOUSE DISTRICT: 108
SENATOR: SENATOR; KATHY HARRIN GTON
(REP)
SENATE DISTRICT: 43
Parcel Information
POLICE DISTRICT GASTONIA
FIRE DISTRICT: GASTONIA FD
EMS RESCUE:
STATION i#: GEMS STAMON 9
FLOOD:
CEN SU S TRACT: 333.06.333.07
Disclaimer. The information provided is not t:) be considered as a Legal doc ument or description. The map & parcel data is believed to be accurate_ but
Gaston County does not guarantee its accuracy. `,Ialues s nr are as of January 1 2D15+_ - Document created for printing on 7131/21318

Presley Residential
Attachments
ATTACHMENT C:
Agent Authorization Form
April 18, 2019
CWS Project No. 2019-0127

AGENT CERTIFICATION OF AUTHORIZATION
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representative(s) of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on-site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
I, Sean Cooney , representing, Suncrest Real Estate and Land
hereby certify that I have authorized Daniel Roberts of Carolina Wetland Services, Inc. to act on
my behalf and take all actions necessary to the processing, issuance, and acceptance of this
request for wetlands determination / permitting and any and all standard and special conditions
attached.
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
07-25-18
Agent's signature
Date Date
7/25/2018
Completion of this form will allow the agent to sign
all future application correspondence.

Presley Residential
Attachments
ATTACHMENT D:
April 18, 2019
CWS Project No. 2019-0127
Impact Figures and Construction Plans

S1: Culvert Crossing
1.) STREAM BEDS ARE NOT TO BE 120 If pf permanent impacts
DISTURBED FOR ANY REASON OUTSIDE OF (Detail Sheet 1)
PERMITTED DISTURREi WITS.
2.) SILT FENCE TO BE INSTAUM PRIOR TO S2: Temporary Dewatering
WALL CONSTRUCTION TO PREVENT 401f of temporary impact Detail
ACCIDENTAL DISTURBANCE. p ry p
3:,' STREAMS ARE NOT TO BE DISTURBED: Sheet 2)
FOR BGRING OPERATIONS, BEiORE OR
AFTER PIPE INaTALLATION.
/ BVP #5
/ FUTURE THOROUGHFARE i
ALIGNMENT ,
PHASE 1 /
DEVELOPMENT /
BMP /4
jjj PHASE 1 STREAM
IMPACTS
BMP #2
Of
�•�, - w ON
}
FUTURE PHASE 2
DEVELOPMENT

715
--
715Detail
Sheet 1 715
--
----
715
710
_ ;
PROPOSED
GRADEi
710
710
710
i
los
IIETAMM INI
los
los
705
PROPOSED
700
700
Tao
j
700
DOSTMG'GRADE
695
ENS.
SWM
GRADE
-j
695
695
695
1
1C 1f
Ge
'
690
J
690
690
3
! 690
s
-
an
685
665
}
685
�-
BAUM
1'
CUL
TO 6E
PROPOSED W CMP
CULVERT TO BE BURIED 1'
AT INLET/OUTLET
660
680
SCALE:
1"=5' V
680
680
-
0 2.5'
5'
10'
n
W
wo
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SCALE:
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0+00 0+50 1+00 1+50
2+00 2+50
0 25'
50'
100' 10+00
10+50 11+00 11+50
12+00
PROFILE
CROSS SECTION
CoWenest
PRESLEY RESIDENTIAL
CULVERT CROSSING - PROFILE Et CROSS SECTION
& Stone
O
PRESLEY DEVELOPMENT, LLC
Project No. 4561
Issued 2.12. 19

EXISTING BOTTOM OF BANK ` \
RIP—RAP SUMP PIT FOR \ \ \
TEMPORARY PUMP AROUND \, A
\ DISCHARGE.
�
20117 OF VARY, IMPACTS A7 `
CULVERT OUTLET FNEED
RETA
CONSTRUCTION OF RETAINING \ \ \
+11\ALLS DEWATERING \ \
PROPOAED RETT_a1RM8.WNLL
R \ \
100 LF OF. R0� POSED EO'"GW
(12" T DBFM
120 LF OF IMPACTS TO "` \
THE EXISTING STREAM FOR \ \
THE PROPOSED CULVERT
CoteJenest PRESLEY RESIDENTIAL
s stone PRESLEY DEVELOPMENT, LLC
Detail Sheet 2
` STREAM PUMP RUED DURINGCULVERT
IF
\ PROPOSED RETAINING WALL -
20 LF OF TEMPORARY IMPACTS AT
CULVERT INLET NEEDED FOR
CONSTRUCTION OF RETAINING
WALLS AND DEWATERING
i
RIP—RAP SUMP PIT WITH
�\ TEMPORARY PUMP AROUND.
\ \ \\\ \ \
N
CULVERT CROSSING - PLAN VIEW ��
Project No. 4561 Issued 2.12. 19 SCALE: 1"--W
0 10' 20' 40'

l
r
/
S3 - 48 If
Open Cut Trench
Sewerline (See Detail 3)
r
inn. f s,
f �
n WATER LINE
SEWER LI%E
STORM UNE
CoWerumt PRESLEY RESIDENTIAL UTILITY PLAN
& stone PRESLEY DEVELOPMENT, LLC Project No. 4561 Issued 4.10.19 scab: 1"=5WN
0 250' 500' tow

v Detail Sheet 3
PERENNIAL STREAM \\ \ \\
I / ' EXISTING TOP OF BANK \
/ 'EXISTING BOTTOM OF BANK \ \
'1D' RIP RAP SUMP PIT FOR
RESLOPE EXISTING STREAM
BANK TO ORIGINAL CONTOURS
AND STABILIZE WITH NATIVE
PLANT SEED. MIX PER EROSION
CONTROL NOTES. INSTALL
NORTH AMERICAN GREEN
S-75BN MATTING OR EOUAL
ON STREAMBANK WHEN
SEEDING IS COMPLETED.
STREAM PUMP AROUND DURING
CULVERT CONSTRUCTION
10' RIP `RAP SUMP PIT WITH
TEMPORARY PUMP AROUND.
N
OCoWenest PRESLEY RESIDENTIAL PHASE 1 TEMPORARY SEWER CROSSING
&Stone PRESLEY DEVELOPMENT, LLC Project No. 4561 Issued4.18.19 SCALE: 1"=20'
0 10' 20' 40'
ITEMPORARY PUMPDISCHARGE. \ '�
I
I41 LF OF PROPOSED 8
\
(4' EMBEDMENT DTH)
\ \
48 LF TOT OF
TEMPORARY IMPACTS TO
THE EXISTING STREAM OR
\ l\
THE PROPOSED SE IR
LINE FROM OUTSIDE EDr E
\
\
ROCK RING TO OUTSIDDDGGGEEE
\
\ EDGE OF ROCK RIN
r --
S3 - Temporary 48 If
;I
RESLOPE EXISTING STREAM
BANK TO ORIGINAL CONTOURS
AND STABILIZE WITH NATIVE
PLANT SEED. MIX PER EROSION
CONTROL NOTES. INSTALL
NORTH AMERICAN GREEN
S-75BN MATTING OR EOUAL
ON STREAMBANK WHEN
SEEDING IS COMPLETED.
STREAM PUMP AROUND DURING
CULVERT CONSTRUCTION
10' RIP `RAP SUMP PIT WITH
TEMPORARY PUMP AROUND.
N
OCoWenest PRESLEY RESIDENTIAL PHASE 1 TEMPORARY SEWER CROSSING
&Stone PRESLEY DEVELOPMENT, LLC Project No. 4561 Issued4.18.19 SCALE: 1"=20'
0 10' 20' 40'

Presley Residential
Attachments
ATTACHMENT E:
April 18, 2019
CWS Project No. 2019-0127
Protected Species Habitat Assessment

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
August 2, 2018
Jacob D. Bachman
ColeJenest & Stone, P.A.
200 S Tryon St. Suite 1400
Charlotte, NC 28202
Subject: Protected Species Habitat Assessment Report
Presley Site (239.9 Acres)
Gastonia, North Carolina
CWS Project No. 2018-0248
Dear Mr. Bachman,
ColeJenest & Stone, P.A has contracted Carolina Wetland Services, Inc. (CWS) to provide a
protected species habitat assessment for the Presley Site. The project area includes Gaston
County Tax Parcel No. 3562776203, totalling approximately 239.9 acres in extent. The project
area is located north of the Union Road and Union New Hope Road intersection in Gastonia,
North Carolina (Figure 1).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on-site field investigation, CWS consulted the United
States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species
of Concern by County for North Carolina online database for Gaston County'. In addition, CWS
performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data
Explorer' on July 24, 2018 to determine if any record occurrences of federally -listed, candidate
endangered, threatened species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS3 and
NCNHP4 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
United States Fish and Wildlife Service, Raleigh Field Office. Accessed July 24, 2018. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/gaston,html
2 North Carolina Natural Heritage Program. 2018. Biotics Database. Division of Land and Water Stewardship. Department of
Natural and Cultural Resources, Raleigh, North Carolina..
s U.S. Fish and Wildlife Service. 2006, Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. http://www.fws.gov/nces/es/plant_survey.html. Accessed July 24, 2018.
4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_Counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 6

Presley Site
Protected Species Habitat Assessment Report
August 2, 2018
CWS Project No. 2018-0248
Gaston County5 and aerial imagery were also reviewed for potential habitat communities of
listed species within the project vicinity (Figures 2 and 3). -
Field Survey
CWS scientists Daniel Roberts, Professional Wetland Scientist (PWS), Aliisa Harjuniemi, PWS,
Dan Zurlo, Staff Scientist ll, and Julia McGuire, Staff Scientist I, conducted a pedestrian habitat
assessment of the project area on July 26, 2018. Potential habitat for potentially occurring
federally -protected species that was identified during the desktop review was assessed in the
field for the quality of physical and/or biological features essential to the conservation of the
applicable species. Additionally, during the pedestrian habitat assessment, areas were reviewed
for applicable federally protected species; however, formal surveys were not conducted.
Identification references for natural communities include Schafale and Weakley's Third
Approximation for Natural Communities of North Carolina (I 990)r' and Weakley (2015)' for plant
species.
Results
Based on the NCNHP data explorer review, there are no current records of federally -protected
species. within the project limits or within a mile of the project limits (Attachment A). The
USFWS lists four federally protected species for Gaston County (Table 1). An official species
list has not been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Presle Site, Gaston Coun -, NC.
Mayor Group
4Scientific Name
Commpn Namfe
Federal Status*.
` Record Status
Hel/anthus
Schweinitz's
Plant
E
Current
schweinitzii
sunflower
Dwarf -flowered
Plant
Hexastylis naniflora
T
Current
heartleaf
Haliaeetus
Animal
Bald eagle
BGPA
Current
leucocephalus
Myous
Northern long-eared
Animal
T
Current
septentrionalis
bat
E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Three terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, mixed forest, and woody wetlands (Figure
3). Of the identified on-site community types, none are considered potential habitat for federally
threatened or endangered species that could potentially occur within the project limits. A brief
description of each species habitat requirements and determination of effect findings are listed
below by species.
s United States Department of Agriculture, 2017, web Soil Survey of Gaston County, North Carolina. July 24, 2018.
Source: https://WebsollsuNey.nres.usda.gov/app/HomePage.htm
6 Schafale, M.P., and ,A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation.
http:/tww.namethatplant.net/PDFs/class.pdf.
Weakley, A.S. 2015. Flora of the Southern and Mid -Atlantic States. http://www.hetbadum.unc.edu/flora.htm.
Page 2 of 6

Presley Site August 2, 2018
Protected Species Habitat Assessment Report CWS Project No. 2018-0248
Schweinitz's sunflower (Hel/anthus schweinitzAfi
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an endangered species under the Endangered
Species Act (ESA) since 1991.8 The typical habitat for this plant includes roadsides, old
pastures, transmission line right-of-ways, open areas, either natural or
human -maintained habitats, or edges of upland woods. Major characteristics of soils
associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland
interstream flats or gentle slopes, soils that are clay like in both composition and texture
(and often with substantial rock fragments), soils that have a high shrinkage swell
capacity, and those which vary over the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project (Attachment A).
The desktop review and field survey assessment determined that the project area was
forested, and lacked the maintained right-of-ways and cleared areas that Schweinitz's
sunflower is typically found in (Photograph 1). On-site paths and vehicle trails were
found to be narrow with thick overgrowth in the canopy and understory causing shading
and competition not conducive to this species (Photograph 2). It was determined that
the project area does not have the proper soils, sunlight, and occasional disturbances to
support Schweinitz's sunflower. No individuals of Schweinitz's sunflower or other
Helianthus species were observed during the field assessment on July 26, 2018, and
supportive habitat was not present, which leads CWS to conclude that this project will
have no effect on the Schweinitz's sunflower.
Dwarf -flowered heartleaf (Hexastylis naniflora)
Habitat Description:
Dwarf -flowered heartleaf is endemic to the western Piedmont and foothills of North and
South Carolina. This herbaceous evergreen is found in moist to rather dry forests along
bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and
ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as
Pacolet, Madison, and Musella, among others. Occurrences are generally found on a
north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain
Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the
most viable occurrences. However, less viable remnant occurrences are found in
disturbed habitats, including logged, grazed, mown, and residential/commercial
developed lands; areas converted to pasture, orchards, and tree plantations; roadside
rights-of-way; and on upland slopes surrounding man-made ponds or lakes.9
s United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. hfp://ecos.fws.gov/docs/federal_register/frl852.pdf.
a North Carolina Department of Transportation NRTR Guidelines for Consultants. T$E Animal and Plant Habitat Descriptions.
https://connect.ncdot.gov/resources/environmental/pages/environmental-compliance-guides.aspx
Page 3 of 6

Presley Site August 2, 2018
Protected Species Habitat Assessment Report CWS Project No. 2018-0248
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project. The desktop
review and field survey assessment determined that the majority of the project area has
a thick understory and does not contain the proper slopes or soils to support the
Dwarf -flowered heartleaf (Photograph 3). Stream side areas with steeper slopes and
limited understory were found in the northwest portion of the project limits. The
pedestrian habitat assessment revealed these soils to be composed of clay loam texture
with shallow mafic rock outcrops near the surface (Photograph 4). According to Web
Soil Survey, the soils in this area were of the Lloyd soil series, which are not acidic
enough to provide suitable habitat. Due to lack of suitable habitat and known
occurrences, CWS concludes that the project will not affect the Dwarf -flowered
heartleaf.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,10 enacted in 1940, prohibits anyone, without a
permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the
bald eagle includes cliffs and forested areas near estuaries, large lakes, reservoirs, rivers,
seacoast, and as they become more abundant, stands of undisturbed forest. No water bodies
large enough or sufficiently open to be considered potential feeding sources were identified.
Since there was no foraging habitat within the review area, a survey of the project study area
and the area within the project limits was not conducted. Additionally, a review of the NCNHP
database on July 24, 2018 revealed no known occurrences of this species within 1.0 mile of the
project study area. Due to lack of habitat and known occurrences, CWS concludes that this
project will have no effect on the bald eagle.
Northam long-eared bat (Mvotis septentrionalis)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, orstructures that mimic similar conditions such as culverts greater than
48 -inch in diameter.11 The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. A Standard Local
Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for
NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States
Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.12 This SLOPES
defines how the USACE will make determinations of effect to the NLEB on projects in which the
USACE is the lead federal agency. Alternative Local Procedure 1 (ALP 1) applies for the
Presley Site as the action area is within range of the NLEB,13 the action area is located outside
70 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa:html
11 United States Fish and Wildlife Service. 2016.4(d) Rule for the Northern Long -Eared Bat; Final rule.
https:/lwww.gpo.govtfdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
12 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
73 The U.S. Fish and Wildlife Service (USFWS) 2016. https://Www.fws:gov/midwestlendangered/mammals/nieb/pdf/WNSZone.pdf
Page 4 of 6

Presley Site
Protected Species Habitat Assessment Report
August 2, 2018
CWS Project No. 2018-0248
of a red 12 -digit HUC as defined by the Asheville Ecological Services Field Office,14 and
consultation by the USACE is not required on other listed species or critical habitat.
The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater
than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known,
occupied maternity roost from June 1 -July 31. In accordance with ALP 1 and the final 4(d) rule
(effective as of February 16, 2016), any incidental take that may result from associated activities
is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule.
Determinations
Based on the literature search and the results of the on-site assessment for suitable habitat of
federally -protected endangered, threatened, and candidate species, suitable habitat was not
observed within the project limits for Schweinitz's sunflower, the Dwarf -flowered heartleaf, or the
Bald eagle. Additionally, based on the project area location, no tree removal activities will occur
within a 150 -foot radius of a known, occupied NLEB maternity roost from June 1 -July 31, and no
trees will be removed within 0.25 miles of a known hibemaculum at any time of year. Therefore,
any incidental take on NLEB that may result from associated activities is exempt under the 4(d)
rule and notifications will follow the SLOPES agreement15. Biological determinations
requirements for federally protected species are summarized in Table 2 (below).
Table 2. Blological Determination Requirements Summary Table for Federally Protected Species
* E - Endangered, T - Threatened, BGEPA - Bald and Golden Eagle Protection Act
** - Required in accordance with SLOPES, ALP 1 agreement.
14 The U.S. Fish and wildlife Service (USFWS) 2016. Northern Long -Eared Bat.
15 http:/twww.fws.gov/asheville/ktmis/project review/NLEB_in WNC.htmi
Page 5of6
;�
; B�ologtcal=`
Federal
Effect on Listed
Scientific Name
Common Name
Determination
, Sfatus�
S ectes a
°Requiretl z
Helianthus schweinitzii
Schweinitz's sunflower
E
Will Not Affect
No
Hexastylis naniflora
Dwarf -flowered heartleaf
T
Will Not Affect
No
Myotis septentrionalis
Northem-long-eared bat
T
Exempt/Excepted
Yes**
Haliaeetus
Bald eagle
BGEPA
Will Not Affect
No
leucocephalus
* E - Endangered, T - Threatened, BGEPA - Bald and Golden Eagle Protection Act
** - Required in accordance with SLOPES, ALP 1 agreement.
14 The U.S. Fish and wildlife Service (USFWS) 2016. Northern Long -Eared Bat.
15 http:/twww.fws.gov/asheville/ktmis/project review/NLEB_in WNC.htmi
Page 5of6

Presley Site
Protected Species Habitat Assessment Report
August 2, 2018
CWS Project No. 2018-0248
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency's determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Daniel Roberts at 704-527-1177 or [e-mail] should you have any
questions or comments regarding this report.
Sincerely,
Daniel Roberts, PWS
Project Scientist
Christine A. Geist, PWS, CE
Consulting Group Manager
Attachments: Figure 1: USGS Site Location
Figure 2: Current USDA-NRCS Soil Map of Gaston County
Figure 3: Aerial Imagery
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-4)
Page 6 of 6

N
N
Ax
Legend
Project Limits (239.9 ac.)
y
N,
ENCE USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BELMONT, NC -SC 2,000 1,000 0 2,000 Feet
k MI.
(2017)
AND GA
%
STONIA SOUTH, NC -SC (2 01 7).
SCALE: 1 inch = 2,000 feet DATE: FIGURE NO.
7/30/2018 USGS Site Location
CWS PROJECT NO: DRAWN BY 1
2018-0248 MLS Presley Site of
COORDINATES: CHECKED BY CAROLINA Gaston County
35.182055, -81.115505 1 CAG WETLAND SERVICES Gastonia, North Carolina 3
G:\Team Drives\Consulting Team Ddve\2018\201 8 Consulting Projects\2018-0015 238 -Acre Presley Site\PETS\ArcGIS\Figurel USGS.mxd

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Sol Unit Name and Description Hydric Coverage (%) Va D
CeB2 JCecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No 67.7Leg e h CI
CeD2
Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No 11.4 V `l [-�.
ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded Yes 2.1 CeB2
-: HeB Helena sandy loam, 1 to 6 percent slopes Yes 5 VEaD Project Limits (239.9 ac.)
LdB2 Lloyd sandy clay loam, 2 to 8 percent slopes, moderately eroded No 6.2 Woo
LdD2 Lloyd sandy clay loam, 8 to 15 percent slopes, moderately eroded No 3.4
PaE Pacolet sandy loam, 15 to 25 percent slopes No 2.7 eB2 Roads
VaB Vance sandy loam, 2 to 8 percent slopes No 1.5 d
Total Coverage: 100
2000,1,000 0 2,000 Feet
V REFERENCE: USDA-NRCS SOIL SURVEY OF GASTON COUNTY NC, DATED 2016 `" '
HeB
AM as Wot
SCALE 1 inch = 2,000 feet 7/30/2018 DATE: USDA-NRCS Current Soil FIGURE NO.
CWS PROJECT NO: DRAWN BY: Survey of Gaston County 2
2018-0248 MLS Presley Site
of
COORDINATES: CHECKED BY: CAROLINA Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina 3
G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0015238-Acre Presley Site\PETS\ArcGIS\Figure2_CurrentSoi I. mxd

1 c1

Presley Site
Attachments
ATTACHMENT A:
NCNHP Data Review Report
August 2, 2018
CWS Project No. 2018-0248

North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper Secretary Susi H. Hamilton
July 24, 2018
Daniel Roberts
Carolina Wetland Services
550 E. Westinghouse Blvd
Charlotte, NC 28273
RE: Presley Site; 2018-0015
Dear Daniel Roberts:
NCNHDE-6541
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 indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These
results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of
natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also
included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the
project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance.
Contact information for USFWS offices in North Carolina is found here:
https://www fws gov/offices/Directory/ListOffices cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an
occurrence of a Federally -listed species is 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 [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
MAILING ADDRESS: Telephone. [phone] LOCATION:
1651 Mail Service Center www.ncnhp.org 121 West Jones Street
Raleigh, NC 27699-1651 Raleigh, NC 27603

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Presley Site
Project No. 2018-0015
July 24, 2018
NCNHDE-6541
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database
does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The
use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare
species are found, the NCNHP would appreciate receiving this information so that we may update our database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Managed Area Name Owner Owner Type
Gaston County Soil and Water Conservation District Gaston County Soil and Water Conservation Local Government
Easement District
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural
Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/content/help. Data query generated on July 24, 2018; source: NCNHP, Q3 July 2018. 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 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Presley Site
Project No. 2018-0015
July 24, 2018
NCNHDE-6541
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal
State Global State
Group Observation Occurrence Status
Status Rank Rank
Date Rank
Butterfly 34493 Neonympha helicta Helicta Satyr 1940-06-15 H 5 -Very ---
Significantly G3G4 S1?
Low
Rare
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
Gaston County Open Space Gaston County: multiple local government Local Government
Gaston County Soil and Water Conservation District Gaston County Soil and Water Conservation Local Government
Easement District
Definitions and an explanation of status designations and codes can be found at https://nenhde.natureserve.ory/content/helo. Data query generated on July 24, 2018; source: NCNHP, Q3 July 2018. 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 3 of 4

NCNHDE-6541: Presley Site
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Page 4 of 4
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Presley Site
Attachments
ATTACHMENT B:
Photopage (Photographs 1-4)
August 2, 2018
CWS Project No. 2018-0248

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Presley Residential
Attachments
ATTACHMENT F:
SHPO Correspondence
April 18, 2019
CWS Project No. 2019-0127

August 13, 2018
Ramona Bartos
Deputy State Historic Preservation Officer
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Subject: Request.for Records Search
Presley Site
Gastonia, North Carolina
CWS Project No. 2018=0248
Dear Ms. Bartos:
Our company, Suncrest Real Estate and Land, is hereby contacting the North Carolina State Historic Preservation
Office regarding the presence of any historic properties or cultural resources within the referenced project area.
The Presley Site is located North of the Union Road and Union New Hope Road intersection in Gastonia, North
Carolina (Figure 1 and 2). The project area includes Gaston County Tax Parcel No. 3562776203 that totals
approximately 239.9 acres. The center coordinates for the project are. 35.1820559, -81.115505°.. Carolina
Wetland Services, Inc. (CWS) is the acting environmental consultant for this project and has prepared the
following docurrientatiori. CWS will be included in all correspondences. , '
The study area consists of deciduous forest, mid -successional mixed forest, and forested wetlands. The property
is a proposed subdivision and commercial village. Based on a review of the State'Historic'Preservation Office's
online GIS application and GIS layer, there was one historic property within the project limits that is no longer
present (Figure 3; Photograph 1).' A pedestrian survey on July 26, 2018 revealed no structures within the study
area.
Please provide a written response concerning your determination regarding the presence of any historic
properties or cultural resources within the project area. Please do not hesitate to contact Daniel Roberts at
704-527-1177 ext. 707 or [e-mail] or Sean Cooney at [e-mail] should you have
any questions or comments regarding this request. Thank you for your attention to this matter.
Sincerely,
Sean Cooney
Suncrest Real Estate & Land
[e-mail]
Attachments: Figure 1. Vicinity Map
Figure 2. USGS Site Location Map
Figure 3. State Historic Preservation Office Map
Attachment A. Photopage (Photograph 1)
cc: Daniel Roberts, PWS
Carolina Wetland Services, Inc.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 ext. 707
' HPOWEB: NCHPO GIS Service. <http://gis.ncdcr.gov/hpoweb/> Accessed July 18, 2018.
1 of 1

3
0
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Course
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Legend
Project Limits (239.9 ac.)
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2018. 5,000 2,500 0 5,0 00 Feet
SCALE: DATE:
1 inch = 5,000 feet 8/3/2018 MFIGURE NO.
Vicinity Map
CNS PROJECT NO. DRAWN BY: 1
2018-0248 DJZ Presley Site
of
�+
COORDINATES. CHECKED BY: CAROLINA Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina 3
G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0248 Presley Site\Cultural Resources\ArcGIS\Figurel_Vcinity.mxd

10
a
0
Legend
Project Limits (239.9 ac.)
A
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S) BELMONT -S (2017) 2,000 1,000 0 2,000 Feet
AND GASTONIA SOUTH, NC -SC (2017) k
SCALE: 1 inch = 2,000 feet DATE FIGURE NO.
8/3/2018 USGS Site Loaction
CWS PROJECT NO. DRAWN BY: 2
COORDINATES: 2018-0248 CHECKED BY: DJZ Presley Site of
CAR13LINA Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina 3
G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0248 Presley Site\Cultural Resources\ArcGIS\Figure2 USGS.mxd
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A
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S) BELMONT -S (2017) 2,000 1,000 0 2,000 Feet
AND GASTONIA SOUTH, NC -SC (2017) k
SCALE: 1 inch = 2,000 feet DATE FIGURE NO.
8/3/2018 USGS Site Loaction
CWS PROJECT NO. DRAWN BY: 2
COORDINATES: 2018-0248 CHECKED BY: DJZ Presley Site of
CAR13LINA Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina 3
G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0248 Presley Site\Cultural Resources\ArcGIS\Figure2 USGS.mxd

G'.\Team Drives\Consulting Team Drive\2018\2018 Consulting Pro*ts\2018-0248 Presley Site\Cultural Resources\ArcGIS\Figure3_SHPO.mxd

Presley Site
Attachment A: Photopage
August 13, 2018
CWS Project No. 2018-0248
Photograph 1. View of where the GS1426 House was located, facing north.
Photopage 1 of 1

Presley Residential
Attachments
April 18, 2019
CWS Project No. 2019-0127
ATTACHMENT G:
Photopage (Photographs 1-19)

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Presley Site
Attachment C: Photopage
August 8, 2018
CWS Project No. 2018-0248
Photograph 5. View of Wetland FF, facing northeast.
Photograph 6. View of Wetland EE, facing south.
Photopage 3 of 10

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Presley Site August 8, 2018
Attachment C: Photopage CWS Project No. 2018-0248
Photograph 9. View of Wetland II, facing south.
Photograph 10. View of intermittent Stream A, facing upstream.
Photopage 5 of 10

Presley Site August 8, 2018
Attachment C: Photopage CWS Project No. 2018-0248
Photograph 11. View of perennial Stream A, facing upstream.
Photograph 12. View of intermittent Stream B, facing downstream.
Photopage 6 of 10

Presley Site August 8, 2018
Attachment C: Photopage CWS Project No. 2018-0248
Photograph 13. View of intermittent Stream C, facing downstream.
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Photopage 7 of 10
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Photopage 7 of 10

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Presley Site August 8, 2018
Attachment C: Photopage CWS Project No. 2018-0248
Photograph 17. View of non -jurisdictional channel, facing upslope.
Photograph 18. View of non -jurisdictional channel, facing upslope.
Photopage 9 of 10

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Presley Residential
Attachments
April 18, 2019
CWS Project No. 2019-0127
ATTACHMENT H:
Issued PJD (SAW -2018-01806)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-01806 County: Gaston U.S.G.S. Quad: NC- Belmont & Gastonia South
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Suncrest Real Estate & Land
Sean Cooney
Address: 2701 East Camelback Road #180
Biltmore Park, AZ 85016
Telephone Number: 6024814301
E-mail: scoonev(i suncrestreal.com
Size (acres) 239.9 Nearest Town Gastonia
Nearest Waterway Back Creek River Basin Catawba
USGS HUC 03050101 Coordinates Latitude: 35.182055
Longitude: -81.115505
Location description: The review area is located 0.431 miles West of the intersection of Craigland Lane and Union New Hope
Road in Gaston County, PIN: 356277203.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 13 44) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/10/2018. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters
including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in 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 including wetlands, on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW -2018-01806
❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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 including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. 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 arc no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or
Catherine.M.Janiczakna,usace.a rmy.mil.
C. Basis For Determination: Basis For Determination: See the Preliminary jurisdictional determination
form dated 10/24/2018.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. 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 13.
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
Notification of Appeal Process (NAP) fact sheet and 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 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not ammlkable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
JANICZAK.CATHERINE.MARIE.15355jj\DN:c-US,9�us � emme�t-Dol)",o --PVJ. �ues7A
Corps Regulatory Official: 87066 / Date:
a eAMCZAK240626:36-" E7 535587066
Date:3018.10.240626:36 -04'00'
Date of JD: 10/24/2018 Expiration Date of JD: Not applicable

SAW -2018-01806
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: CWS. Inc
Daniel Roberts
Address: 550 E. Westinghouse Blvd.
Charlotte, NC 28273
Telephone Number: 704-527-1177
E-mail: danielQcws-inc.net

SAW -2018-01806
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Suncrest Real Estate & Land Sean Cooney File Number: SAW -2018-01806
Date: 10/24/2018
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
❑ PROFFERED PERMIT Standard Permit or Letter of ermission B
❑ PERMIT DENIAL C
F-11 APPROVED JURISDICTIONAL DETERMINATION D
NJ 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 or http://www.usace.arniy.mil/Missions/CivilWorks/Regulato ProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and 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 district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which 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.

SAW -2018-01806
'•S8CTIOMd
RE; VEST-FOR$APPEAL or OBJECTIONS TO`AN.INITML'PROFFEREDPERMIT`, g.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear'concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
'POINT:,OF:CONTACT FOR,OUESTIONS`OR:[N013.MATION ``n 5 t
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M 15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: (404) 562=5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
SiMature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 16M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/24/2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Suncrest Real Estate & Land, Sean Cooney, 2701 East
Camelback Road #180,Biltmore Park, AZ 85016
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Presley Site PJD, SAW -2018-01806
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.431 miles
West of the intersection of Craigland Lane and Union New Hope Road in Gaston County. PIN: 356277203.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Gastonia
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.182055 Longitude: -81.115505
Universal Transverse Mercator:
Name of nearest waterbody: Back Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 10/04/2018
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
applicable
wetland waters)
10/404)
Wetland
35.176088
-81.119451
0.02 acres
Wetland
Sec. 404
AA
Wetland
35.17615
-81.119367
0.008 acres
Wetland
Sec. 404
BB
Wetland
35.176369
-81.11949
0.02 acres
Wetland
Sec. 404
CC
Wetland
35.176739
-81.11927
0.001 acres
Wetland
Sec. 404
DD
Wetland
35.177666
-81.119245
0.10 acres
Wetland
Sec. 404
EE
Wetland
35.181223
-81.118493
0.006 acres
Wetland
Sec. 404
FF
Wetland
35.182857
-81.120161
0.08 acres
Wetland
Sec. 404
GG
Wetland
35.183449
-81.12088
0.005 acres
Wetland
Sec. 404
HH

Wetland II
35.180955
-81.110857
0.19 acres
Wetland
Sec. 404
Wetland A
35.184341
-81.1212
0.004 acres
Wetland
k
Sec. 404
Stream A
35.182677
-81.119797
2719 linear feet
Non -wetland
Sec. 404
Stream B
35.180259
-81.117208
1613 linear feet
Non -wetland
Sec. 404
Stream C
35.181737
-81.110705
506 linear feet
Non -wetland
Sec. 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this -PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 7 (Dated 10/10/2018)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 7.5 Minute Quads: Belmont and Gastonia South NC -SC
2017
® Natural Resources Conservation Service Soil Survey. Citation: Gaston County Sheets 7 and 8, 1989
National wetlands inventory map(s). Cite name: USF WS 2018
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): ESRI 2017_
or ®Other (Name & Date):July 2018
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by
JANICZAK.CA JAN ICZAK.CATHERINE.MARIE.153
5587066
DNco=t,THERINEMARI=DD,ou=PKI,ou=USA,
JAN1CZA
EA 535587066 1535587066 K.CATHERINE.MARIE.
Date: 2018.10.24 06:27:00 -04'00'
Signature and date of Regulatory
staff member completing PJD
10/24/2018
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Stream A Continued f �`
�. SCP4 Legend
Project Limits (239.9 ac.)
Perennial Streams
2
Intermittent Stream
Wetlands
r
°A Roads
Parcels
*DP Data Point
Wetland JJ .sca Stream Classification Point
0.004 acre ti
moo= N Photo Location and Direction
o
< Indicates Flow
J
� Z
♦ SCP9
/ASC P 10
,
Intermittent Stream C d�Da o
506 K t 1Netland II A
0.19 acre
8'
`\ S 1 -P 12
V o
Stream A
Intermittent flow: 2351f 6 ? e
Perennial flow: 2484 tt Stream B 'r J�
Total on-site flow: 2719 It Intermittent now: 1,176 If
Perennial flow: 437 1f 2
Total on-site flow: 1,613 If
SCP`I
sC 6 Wetland HH
S 0.005 acre
�,
A SCPS
DP5
Wetland GG
0.08 acre
J
e
Wetland EE �, ♦ SCPB
0.10 acre
DP3
DP40
�r Wetland FF `
0.006 acre
1 inch = 100`feet
SCP
wN`OHa� Wetland CC .
0.02 sae Wetland DD `
0.001 acre.
N A S P2
Wetland AA , Welland BB
RPF"ENQE, BACKGROUND GIS "YER(S) PROMDED 91Y GASTON 0.02 acre DP2 0.008 acre
COUNTY GIS DEPARTMENT, DATED 2017. SCf2 'O
J= JURISDICTIONAL MMTERS OF THE U.S. MERE DELINEATED (F"OGED
IN THE FIELD).CLASSIFIED, AND MAPPED USING A SUWFOOT GARBLE GPS Op Iinch =200 feet 500 250 0 500 Feet
UNITBYC1AS.INC..ONJULY28,2015 JURISOICTIONALFEATURESMERE Ver 1
VERIFIED M THE FIELD SY MS. JANKIZAK OF TME USACE ON OCTOBER 4,M18.
SCALE: DATE: FIGURE N0.
1 inch = 500 feet 10/10/2018 Jurisdictional Boundaries
CWS PROJECT NO: DRAWN BY: 7
2018-0015 .1KM Presley Site of
COORDINATES: CHECKED BY: CAROLINA Gaston County
35.182055, -81.115505 CAG WETLAND SERVICES Gastonia, North Carolina
GAT... AMaKainWinp Tem D,WV018V018 C-.." P,.jatlaV.-4E Presley 91a4DWaGIS`Fbun7_Jp.nuG