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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 2 0 1 90 5 96 agement txpert I estlm �R[2@ ads D MAY 022019 my 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 l VUJI,�I 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. 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Biu lR'fti PROJECT NUMBER: FU13.400 d,wt�I ORIGINAL DATE: 0413012019 SHEET: 11 OF 12 VERONICA SPRINGS ,2 LENNAR CAROLINAS, LLC MONROE, NC J S 592.37 i D �{- 582.1 }- 591.01 -+--� 1- _1 � I � ni fi 1� 581.9 D W I v m �0 X S2 � Z� M0Dx G7 11 o� Ln m =v 0 � "! Z .v co Z y t0 � D O 579.0 rn 4 O� r O +00 031 1 , V-`4 1+00 1+25 v0 m� n0 3� v� I �Z Zm m� 0D Dm O* rD �D x c°m-n 3 mr m�x N <5c w <Za X D y 0 0 Drm `�' c m z-Dlm 00K E: Z � rn DDN � cn ooh O z ��U) i �Lnz � Dr � o - r APPLICATION TRACKING NUMBER NORTH ORIENTED TO SAW- NC GRID (NAD83) CHECKED BY: JSC DRAWN BY: ECB PROPOSED IMPACT #7 CULVERT PROFILE ESPY ��&—lat� ,ne. PROJECT NUMBER: FU13.400 Cw1b11cNC&241 ORIGINAL DATE: 04130/2019 �I rtiu �N SHEET: VERONICA SPRINGS°°"" 12 OF 12ILENNAR CAROLINAS, LLC MONROE, NC+ESP I i 580.5 -- 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