HomeMy WebLinkAbout20190596 Ver 1_401 Application_20190502SPANGLER-
ENVIRONMEN ,PAID
Land Planning Permitting Environmental Consulting uc Ion Man
LETTER OF TRANSMITTAL
Date: 2 -May -19
Name: To Whom it May Concern
Company Name: NC DWR 401 & Buffer Permitting Branch
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From: Dalton Cook RE: Secrest Shortcut (Veronica Springs)
SEI #: 201806044
WE ARE SENDING YOU:
Attached
X Shop Drawings
Letters
X Reports
Under Separate Cover via
Specifications
Change Order
Computer Disk
Invoices
Reproducibles
Samples
COPIES
DATE
DESCRIPTION
A PCN submittal package including impact maps for a project
located in Monroe, NC.
4
5/2/2019
THESE ARE TRANSMITTED as checked below:
X For Approval Approved as Submitted
X For Your Use Approved as Noted
As Requested Return for Corrections
For Review & Comment FOR BIDS DUE
Resubmit Copies for Approval
Submit Copies for Distribution
Return Corrected Prints
Other
SIGNED. (�_ �J CC:
4338 Bland Road Raleigh, N.C. 27609 tel 919-875-4288 fax 919-875-4287
1-866-SPANGLER www.spanglerenvironmental.com
o/�off� W AT�F9OG
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C3 <
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification.-
ertification:❑ Yes ❑X No
[-]
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ❑X No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
2a.
2b.
Project Information
Name of project: Secrest Short Cut Rd. (Veronica Springs)
County: Union County
2c.
Nearest municipality / town:
Monroe, INC MAY U 2 Z019
Z��
2d.
2e.
3.
Subdivision name: nP
NCDOT only, T.I.P. or state project no:4011 BUFF
Owner Information
3a.
Name(s) on Recorded Deed:
Broome, Julia R & Ann, Renegar; Broome, Kenneth; Crook, George
3b.
Deed Book and Page No.
W1 7E 0666
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
2815, 2601, 2703 Secrest Short Cut Road
3e.
City, state, zip:
Monroe, NC 28110
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑X Other, specify: Owner of Project
4b. Name:
Lennar Carolinas, LLC
4c. Business name
(if applicable):
Lennar Carolinas, LLC
4d. Street address:
6701 Carmel Road, Suite 425
4e. City, state, zip:
Charlotte, NC 28226
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Jim Spangler
5b. Business name
(if applicable):
Spangler Environmental, Inc.
5c. Street address:
4338 Bland Road
5d. City, state, zip:
Raleigh, NC 27609
5e. Telephone no.:
919-875-4288
5f. Fax no.:
5g. Email address:
jspangler@spanglerenvironmental.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
109216002,09216084,09216085,09216086,09259002
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.01415 Longitude: -80.560677
1c.
Property size:
85.9 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Lick Branch
2b.
Water Quality Classification of nearest receiving water:
WS -III
2c.
River basin:
Upper Pee Dee
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The existing conditions on the site are mostly wooded with some agricultural land and a residence. There is a pond, stream and wetland complex on
the property as well. The surrounding areas include residential and commercial properties.
3b.
List the total estimated acreage of all existing wetlands on the property: 2.91
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,556
3d. Explain the purpose of the proposed project:
To impact a small amount of wetlands and streams for the purposes of building residential homes and associated roads and utilities.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project is a residential subdivision that will involve grading/earth moving equipment.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: SAw-2ols-ozoss
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑x Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Dalton Cook
Agency/Consultant Company: Spangler Environmental, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
PJD issued by Bryan Roden Reynolds on 1-18-2019 (SAW -2018-02066)
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes ❑X No El Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands Q Streams —tributaries ❑ Buffers ❑X Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.014
W2 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.076
W3 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.021
W4
Choose one
Choose one
Yes/No
-
W5
Choose one
Choose one
Yes/No
-
W6
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.111
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Lick Branch
PER
Corps
4
115
S2 T
Pump around
UT to Lick Branch
PER
Corps
4
20
S3 P
Culvert
UT to Lick Branch
PER
Corps
4
107
S4 T
Pump around
UT to Lick Branch
PER
Corps
4
33
S5 P
Culvert
UT to Lick Branch
INT
Corps
2
77
S6 T
Pump around
UT to Lick Branch
INT
Corps
2
28
3h. Total stream and tributary impacts
380
3i. Comments:
There are 81 linear feet of proposed temporary stream impacts that occur during construction. The total permanent stream impacts equals 299 linear
feet.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Unnamed pond
Fill
Pond
0.01
O2
Choose one
Choose
03 -
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0.01
4g. Comments:
6. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
During the design phase various site layouts were explored. Design iterations took into account the importance of reducing the overall impact to
jurisdictional features. Stormwater BMP's were designed to avoid impacts to jurisdictional features. The final design was chosen, in large part, on the
minimization of impacts to wetlands and streams.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment and erosion control measures will be implemented in order to control runoff and other discharges from activities to be conducted in the fill
areas and stream crossings.
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?
Q Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
Q DWQ Q Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
0 Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
299 linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.248 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: A request for ILF mitigation has been sent to the N. C. Mitigation Services. Upon receipt we will send the letter to your office.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
E]Yes ❑X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
25
2b.
Does this project require a Stormwater Management Plan?
N Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Monroe, NC
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP❑
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
[]Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
E] Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge)
of wastewater generated from
the proposed project, or available capacity of the subject facility.
Municipal sanitary sewer
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
0 Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
N. C. Natural Heritage Program
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
EDR NEPAcheck
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA Floodplain Mapper
James A. Spangler
4-19-19
Agent's Printed Name
Date
nt's Signature
( is s' ature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
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SAW -2018-02066
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-02066 County: Union U.S.G.S. Quad: NC- Bakers
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant:
Lennar Carolinas, LLC
Matt Pannell
Address:
6701 Carmel Road, Suite 425
Charlotte, NC 28226
Telephone Number:
704-380-7062
E-mail:
matt. pannell()lennar.com
Size (acres) 85.9 Nearest Town Monroe
Nearest Waterway Stewarts Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.018763
Longitude: -80.560516
Location description: The review area is located on the west side of Secrest Short Cut Road; approximately 1 mile north of the
intersection of Secrest Short Cut Road and West Roosevelt Boulevard. PINS: 9216002, 9259002, and 9216086. Reference
review area description shown in Jurisdictional Determination Request packaze entitled "Delineation Man' and Printed Date
of June 2018.
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 § 1344) 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 January 2019.
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.
SAW -2018-02066
❑ 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.
❑ 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 are 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 (252) 808-2808 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 Bryan Roden -Reynolds at 704-510-1440 or
bryan.rodeo-reynolds(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 1/18/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The del ineation/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 B.
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 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
SAW -2018-02066
RODEN
Corps Regulatory Official:REYNOLDS.BRYAN.KENNETH.1263385574
Date of JD: 1/18/2019 Expiration Date of JD: Not applicable
Di98aBy Mgr d by R REYNOLDS.BRYAN.KENNETH.1363385574
DN: -US, o=U.S. GovemmeM, o –DoO, -PM, o US& m=RODEN
REYNOLDS.BRYAN.KENNErH.1263385574
Date: 2019.01.1811:14.46 -05W
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:Hcorpsmapu.usace.army.mil/cm_apex/Pp=136:4:0
Copy furnished:
Agent: Spangler Environmental
Dalton Cook
Address: 4338 Bland Road
Raleigh, NC 27609
Telephone Number: 919-875-4288
E-mail: dalton(i)spanelerenvironmental.com
SAW -2018-02066
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Lennar Carolinas LLC Matt Pannell File Number: SAW -2018-02066 Date: 12/30/2018
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
❑ PROFFERED PERMIT Standard Permit or Letter ofpermission)B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
® PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ue latoryProgramandPermits.asp
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 -2018-02066
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
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: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
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 opportuni to participate in all site investiations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 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 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/30/2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Lennar Carolinas, LLC, Matt Pannell, 6701 Carmel
Road, Suite 425,Charlotte, NC 28226
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Secrest Short Cut, SAW -2018-
02066
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the west side
of Secrest Short Cut Road; approximately 1 mile north of the intersection of Secrest Short Cut Road and West Roosevelt
Boulevard. PINS: 9216002, 9259002, and 9216086. Reference review area description shown in Jurisdictional
Determination Request package entitled "Delineation Map" and Printed Date of June 2018.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Monroe
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.018763 Longitude: -80.560516
Universal Transverse Mercator:
Name of nearest waterbody: Stewarts Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 01/17/2019
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
wetland waters)
applicable
10/404)
Stream 1
35.014113
-80.560625
135 linear feet
Non -wetland
404
Stream 2
35.015339
-80.561255
1,194 linear feet
Non -wetland
404
Stream 3
35.019655
-80.560770
1,101 linear feet
Non -wetland
404
Stream 4
35.018213
-80.560650
354 linear feet
Non -wetland
404
Stream 5
35.020894
-80.559721
339 linear feet
Non -wetland
404
Stream 6
35.018521
-80.563747
2,026 linear feet
Non -wetland
404
Stream 7
35.019377
-80.562623
307 linear feet
Non -wetland
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
Estimated amount of
Geographic authority to
Type of aquatic
aquatic resources in
which the aquatic resource
Latitude (decimal
Longitude (decimal
resources (i.e.,
"may
Site Number
review area (acreage
be" subject (i.e.,
degrees)
degrees)
wetland vs. non-
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Stream 8
35.020234
-80.561336
100 linear feet
Non -wetland
404
Wetland 1
35.016010
-80.560954
0.93 acre
Wetland
404
Wetland 2
35.017304
-80.561090
0.23 acre
Wetland
404
Wetland 3
35.013887
-80.561471
0.26 acre
Wetland
404
Wetland 4
35.014089
-80.561010
0.04 acre
Wetland
404
Wetland 5
35.014809
-80.561761
0.01 acre
Wetland
404
Wetland 6
35.015435
-80.561257
0.002 acre
Wetland
404
Wetland 7
35.018153
-80.560856
0.05 acre
Wetland
404
Wetland 8
35.018693
-80.560813
0.01 acre
Wetland
404
Open
35.014416
-80.561029
0.51 acre
Non -wetland
404
Water 1
Open
35.017662
-80.560850
0.55 acre
Non -wetland
404
Water 2
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 requester:
Map: Figures 1-3
® 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: Figure 3, USGS Topographic Map (1:100,000 Charlotte,
NC)
® Natural Resources Conservation Service Soil Survey. Citation: Figure 2, NRCS Soils Map (Soil Survey of Union
County, Sheet 18)
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 1, Wetland Delineation Map (Dated January 2019)
or ❑Other (Name & Date):
❑ 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.
RO D E N Digitally signed by RODEN
REYNOLDS.BRYAN.KEN N ETH.1263385574
REYNOLDS.BRYANX ou=PKI,ou= SA,cn=RODENt,ou=DoD,
ENNETH.1263385574 pate"..°o°9.0R;$"�9N8T s',0033s55'4
Signature and date of Regulatory
staff member completing PJD
1/18/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
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 fmalizing an
action.
Legend
® Approximate Property Boundary
Streams
- --- Linear Wetland
Wetlands
Ponds
w - E
., .. ILI s
`r
,N '1
Potential Non -Wetland
S5 - 339 I.f.
4%._
Potential Non -Wetland
S8 - 100 I.f.
Potential Non Wetland
S7 - 307 I.f.
Potential Wetland
W7 - 0.05 acres
Potential Non -Wetland
S6 - 2026 If
Potential Wetland
W1 - 1.25 acres
Potential Non -Wetland
S3 - 1101 If
Potential Wetland
W8 - 0.01 acres
Potential Non -Wetland
S4 - 354 If
Potential Non -Wetland
P2 - 0.55 acres
Potential Wetland
W2 - 0.23 acres
Potential Non -Wetland
P1 - 0.51 acres
Potential Non -Wetland
S1 - 226 I.f.
Potential Wetland
W4 - 0.04 acres 200 0 400 F
Secrest Shortcut Property d9
2815 Secrest Short Cut Road SPANGLER
Monroe, NC ENVIRONMENTAL. INC.
January 2019 4338 Bland Road Raleigh, NC 27609
919-875-4288
Wetland Delineation Map
Post Corps Site Visit
map source:
NC OneMap (June 2018)
Potential Wetland
W6 - 0.002 acres
Potential Non -Wetland
S2 - 1194 If
i
Potential etland
♦
W5 -0.0 1 acres
!fi t4
Potential Wetland
W3 - 0.26 acres
Jwk
`.
rk..
�s...
77
Potential Non -Wetland
S3 - 1101 If
Potential Wetland
W8 - 0.01 acres
Potential Non -Wetland
S4 - 354 If
Potential Non -Wetland
P2 - 0.55 acres
Potential Wetland
W2 - 0.23 acres
Potential Non -Wetland
P1 - 0.51 acres
Potential Non -Wetland
S1 - 226 I.f.
Potential Wetland
W4 - 0.04 acres 200 0 400 F
Secrest Shortcut Property d9
2815 Secrest Short Cut Road SPANGLER
Monroe, NC ENVIRONMENTAL. INC.
January 2019 4338 Bland Road Raleigh, NC 27609
919-875-4288
Wetland Delineation Map
Post Corps Site Visit
map source:
NC OneMap (June 2018)
rP0 25 0 50 Fee
i
Ilk
r
4
i
1 h N..4,
Secrest Short Cut
Secrest Short Cut Road
Monroe, NC
Janurary 2019
��
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
A
NRCS Soils Map
map source:
NRCS Soils Map
Union County (Sheet 18)
;10
f
I
- O'
Secrest Short Cut
Secrest Short Cut Road
Monroe, NC
Janurary 2019
��
SPANGLER
ENVIRONMENTAL, INC.
4338 Bland Road Raleigh, NC 27609
919-875-4288
A
NRCS Soils Map
map source:
NRCS Soils Map
Union County (Sheet 18)
;10
N
E
S
15 0 30 F
Secrest Shortcut Road 69 USGS Topo Map
2815 Secrest Shortcut Road SPANGLER
map source:
Monroe, NC ENVIRONMENTAL, INC.
Januar 2019 4338 Bland Road Raleigh, NC 27609 uSGs Topo Map
Y 919-875-4288 Bakers, NC (2016)
ROY COOPER NORTH CAROLINA
Covemor EnvkmmentaiQuaRty
MICHAEL S. REGAN April 22, 2019
seoremy
TIM BAUMGARTNER
vimcW
Matt Pannell
Lennar Carolinas, LLC
11230 Carmel Commons Blvd
Charlotte, NC 28226
Project: Secrest Short Cut Road (Veronica Springs)
Expiration of Acceptance: 10/22/2019
County: Union
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
(8-digit_HUC)--
Yadkin 03040105 Warm Stream 299
Yadkin 03040105 Riparian Wetland 0.248
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915.
cc: Dalton Cook, agent
Sincerely,
A4V
JtmeBStanfill
Anagement Supervisor
North Ca oiuia Department of £nvtrvnnxntal Quality I Division of Mitigation services
29 W. Jones Street 11452 Mail Service center I Raleigh, North Carolma 27699-1652
919.707.8976