SW3190505_Report_(Wetland)_20190924

Preliminary ORM Data Entry Fields for New Actions
SAW — 2019 - 633 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Courtyards at Lawyers Road
2. Work Type: Private ❑✓ Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
The purpose of this project is to develop the property into a single-family subdivision.
4. Property Owner / Applicant [PCN Form A3 or A4]: Epcon Communities; POC: Scott Twiddy
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Ms. Aliisa Harjuniemi PWS
6. Related Action ID Number(s) [PCN Form 135b]: SAW-2019-00633
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
North of the intersection of Lawyers Road and Stevens Mill Road in Union County, NC
35.147473,-80.622154
8. Project Location - Tax Parcel ID [PCN Form 131a]: 08321005A01, K8321004, K8321004A, D8321004A, D8321004, 08321003A
9. Project Location — County [PCN Form A2b]: Union
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Stallings
11. Project Information — Nearest Waterbody [PCN Form 132a]: Paddle Branch and Goose Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin -Pee Dee 03040105
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
R
Pre-Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
To: Mr. Bryan Roden Reynolds Date: August 20, 2019
U.S. Army Corps of Engineers, Charlotte Satellite Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Courtyards at Lawyers Road
Stallings, North Carolina
CWS Project No. 2018-0452
Dear Mr. Roden Reynolds,
The Courtyards at Lawyers Road site is approximately 50 acres in extent and is located north of the Lawyers
Road and Stevens Mill Road intersection in Union County, North Carolina (Figure 1, Attachment A). Epcon
Communities has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting
services for this project. An executed Agent Authorization Form is attached (Attachment B).
CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army
Corps of Engineers for proposed permanent impacts to jurisdictional waters of the U.S. associated with
developing the property into a single-family development. A Preliminary Jurisdictional Determination
(SAW-2019-00633) is included as Attachment C.
A copy of the PCN application is being provided to the North Carolina Division of Environmental Quality
(NCDEQ) with a check of $570 for the 401 Water Quality Certification approval fee.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-7
Attachment B - Agent Authorization Form
Attachment C - Preliminary Jurisdictional Determination SAW-2019-00633
Attachment D - Permit Drawings
Attachment E - NC SAM Form
Attachment F - Protected Species Habitat Assessment Report
Attachment G - DMS ILF Acceptance Letter
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this request.
Sincerely,
Aliisa Harjuniemi, PWS
Project Scientist
Christine Geist, PWS, CE
Principal Scientist

a`'pF W A rEgC)
T.
A A a
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
0 Section 404 Permit ❑ Section 10 Permit
1b.
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 N No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N 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.
N Yes ❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below.
❑ Yes N No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes N No
2.
Project Information
2a.
Name of project:
Courtyards at Lawyers Road
2b.
County:
Union
2c.
Nearest municipality / town:
Stallings
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Epcon Communities
3b.
Deed Book and Page No.
7277-326 and 489 and 338
3c.
Responsible Party (for LLC if
applicable):
POC: Mr. Scott Twiddy
3d.
Street address:
11020 David Taylor Drive, Suite 105
3e.
City, state, zip:
Charlotte, NC 28262
3f.
Telephone no.:
(803)-389-3387
3g.
Fax no.:
N/A
3h.
Email address:
[e-mail]
Page 1 of 16
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Aliisa Harjuniemi, PWS
5b.
Business name
(if applicable):
Carolina Wetland Services, Inc.
5c.
Street address:
550 E. Westinghouse Blvd.
5d.
City, state, zip:
Charlotte, NC 28273
5e.
Telephone no.:
980-259-1222
5f.
Fax no.:
N/A
5g.
Email address:
[e-mail]
Page 2 of 16
PCN Form — Version 1.4 January 2009

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID):
08321005A01, K8321004, K8321004A, D8321004A, D8321004,
08321003A
1 b. Site coordinates (in decimal degrees):
Latitude: 35.147473 Longitude:-80.622154
1 c. Property size:
50 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Goose Creek and Paddle Branch
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Yadkin Pee Dee (HUC 03040105)
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 property is approximately 50 acres in extent and is located north of the Lawyers Road and Stevens Mill Road intersection in
Union County, North Carolina (Figures 1 and 2, Attachment A).
The project area consists of forested areas, maintained agricultural fields, and maintained open area. On -site elevations range
from 600-620 feet above mean sea level. Land cover within the project area consists of deciduous forest, herbaceous areas,
mixed forest, woody wetlands, and herbaceous wetlands (Figure 3).
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) USDA-
NRCS Soil Survey of Union County (Figures 4 and 5) on -site soils consist of eight different soil units. Of the on -site soils,
Helena fine sandy loam and Secrest-Cid complex are listed the Web Soil Survey database as containing hydric inclusions.
There are eight jurisdictional waters of the U.S. located within the property. These waters consist of four jurisdictional stream
channels (Streams A-D), and four jurisdictional wetlands (Wetlands AA-DD).
The surrounding land use consists of single-family residential areas, and forested areas.
3b. List the total estimated acreage of all existing wetlands on the property:
0.193 ac.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 210 linear feet of
perennial stream, 1,164 linear feet of intermittent stream, and 82 If ephemeral stream channel
3d. Explain the purpose of the proposed project:
The purpose of this project is to develop the property into a single-family residential subdivision. This project will provide
residential housing for Stallings, North Carolina to meet the growing demand for housing due to rapid population growth in the
Charlotte metropolitan area.
Page 3 of 16
PCN Form — Version 1.4 January 2009

3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposed developing the site for a single-family residential development. Under NWP No. 29, unavoidable
permanent impacts to jurisdictional waters associated with this project total 0.05 acre of jurisdictional wetland and are the resL
of fill associated with lots, road, and a walking trail. Proposed stream impacts total 210 If and are the result of a road crossing
and fill associated with the lots. The proposed site plan and impacts are depicted in Attachment D.
S1 and S2 - Proposed Road Crossing
Culvert installation for a road crossing will result in 76 linear feet of permanent impact to a Seasonal Stream C (S1; Sheet 3). P
36-inch reinforced concrete pipe (RCP) is proposed to maintain the hydraulic connection of the Stream C beneath the propose(
road. Rip rap stabilization along banks will result in 44 linear feet if permanent stream impacts but no loss of waters (S2). The
rip rap will be keyed at the existing grade. Sheets 4 and 5 depict the profile and cross -sectional view for this road crossing
(Attachment D).
S3 — Proposed Fill for Lot
Proposed fill for lots will result in a 90 If of permanent impact to upper portion of Seasonal Stream C (S3; Sheet 6). This portion
exhibits weak flow regime due to stormwater. As the upgradient portions of this are will be filled as well and the water will be
directed to stormwater BMP, no culvert will be installed at this location.
W1 — Proposed Fill for Lots and Road
Proposed fill for lots and road will result in a 0.04 acre of permanent impact to Wetland BB (W1; Sheet 7). This impact is
needed to meet the project goals for the total lots within the subdivision. As the wetland is small and appears to be a former
pond dug in upland area, it was determined that redesign around this wetland would not be preferred option.
W2 — Proposed Fill for Walking Trail
Proposed fill for walking trail will result in a 0.01 acre of permanent impact to herbaceous Wetland CC (W2; Sheet 8). The
proposed trail will be 6 feet wide and will be paved with asphalt to improve accessibility.
Additionally, the project proposes 36,211 sq ft of Riparian Buffer impacts. Sheets 9 and 10 depict the location of the Buffer
Impacts 1-5. Typical construction equipment such as excavators, track hoes, and bulldozers will be used to construct this
development.
Page 4 of 16
PCN Form — Version 1.4 January

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by
❑x Yes ❑ No ❑ Unknown
the Corps or State been requested or obtained for this
property / project (including all prior phases) in the
Comments:
4b. If the Corps made the jurisdictional determination,
❑x Preliminary El Final
what type of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other: CWS
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Preliminary Jurisdictional Determination, dated June 27, 2019 (SAW-2019-00633) is included as Attachment C.
5. Project History
5a. Have permits or certifications been requested or
❑ Yes ❑ No ❑x Unknown
obtained for this project (including all prior phases) in
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑x Yes ❑ No
6b. If yes, explain.
As the development of this subdivision progresses, a need for an off -site sewerline easement will be assessed.
Page 5 of 16
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):
0 Wetlands 0 Streams — tributaries 0 Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f. Area
of
impact
(acres)
W1
p
Fill
Headwater Forest
Partially
404
0.04
W2
p
Fill
Headwater Forest
No
404
0.01
W3
_
W4
W5
W6
2g. Total Wetland Impacts:
0.05
2h. Comments:
Proposed impacts to wetlands total 0.05 acre of permanent impacts.
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
Stream C
INT
Corps
3
76
S2
P
Rip Rap along banks
Stream C
INT
Corps
3
44
S3
P
Fill
Stream C
INT
Corps
3
90
S4
S5
S6
S7
S8
S9
3h. Total stream and tributary impacts
210
Page 6 of 16
PCN Form — Version 1.4 January 2009

3i. Comments:
The permanent loss of waters totals 166 If.
Permanent impacts total 210 If of stream channel.
Page 7 of 16
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.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number
(if applicable
Type of impact
Waterbody
Area of impact (acres)
Permanent (P) or
type
Temporary (T)
01
-
Choose One
Choose
02
-
Choose One
Choose
03
-
Choose One
Choose
04
-
Choose One
Choose
4f. Total open water impacts
4g. Comments: 1.1-acres of permanent open water impacts, with no permanent loss of waters associated with the impacts since
a stream restoration project will be completed within the pond footprint.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Pond ID number
Proposed use or
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
purpose of pond
(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.
6c.
6d.
6e.
6f.
6g.
Buffer Impact
Reason for impact
Stream name
Buffer
Zone 1
Zone 2
number—
mitigation
impact
impact
Permanent (P) or
required?
(square
(square
Temporary (T)
feet)
feet)
B1
P
Road Crossing
Stream C
No
21,666
<150 If wide
B2
P
Sewer easement,
Stream C
No
2,508
outer buffer
B3
P
Sewer easement,
Stream C
Yes
182
inner 50 ft buffer
B4
P
Culvert outlet
Stream B
Yes
1,454
B5
P
Walking trail
Stream A
No
10,401
Page 8 of 16
PCN Form — Version 1.4 January 2009

B6 - Yes/No
6h. Total Buffer Impacts: 36,211
6i. Comments:
Riparian buffer impacts total 36,211 sq ft
Riparian buffer impacts requiring mitigation total 1,636 sq ft
Page 9 of 16
PCN Form — Version 1.4 January 2009

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
To avoid and minimize impacts to jurisdictional waters of the U.S., the Courtyards at Lawyers Road site was delineated prior to
finalizing the site plan and the proposed site plan was designed around the delineation results. Proper sediment and erosion
control measures will be used to minimize disturbances to downstream waters.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be
installed around the jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to
on -site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 29 and Water Quality Certificate
No. 4139. All work will be constructed in the dry and all temporary fill will be removed following the work.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
0 Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
N DWQ N Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
N Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Type: Choose One
Quantity:
3b. Credits Purchased (attach receipt and letter)
Type: Choose One
Quantity:
Quantity:
Type: Choose One
Page 10 of 16
PCN Form — Version 1.4 January 2009

3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
0 Yes
4b. Stream mitigation requested:
166 If
4c. If using stream mitigation, stream temperature: Choose
Warm
4d. Buffer mitigation requested (DWQ only):
1,636 square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
Stream Mitigation is proposed at 0.5:1 ratio. Stream C scored as Medium as assessed with NC SAM (Attachment E) and
exhibited weak intermittent flow regime during the delineation field work and site visits with both USACE and NCDEQ.
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.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ 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
Zone 2
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 11 of 16
PCN Form — Version 1.4 January 2009

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
0 Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
The stormwater outfall and by-pass pipe system within the buffer (Buffer Impact No.
❑ Yes N No
4) is designed for offsite runoff within this stream's drainage basin that currently flows
to this stream. The onsite stormwater water collection system is not connected in any
way to the by-pass pipe and outfall. With diffuse flow, the drainage out of the outlet
would not have positive drainage and would puddle until the water surface elevation
increased and overland flow occurred.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
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:
The stormwater management plan has been submitted to DEQ Mooresville Office for their
review. Their project number is
SW319050.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
El HQWEl
4a.
Which of the following state -implemented stormwater management programs apply
ORW
(check all that apply):
❑ Session Law 2006-246
N Other:Phase II
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes N No
attached?
5.
DWQ 401 Unit Stormwater Review
Page 12 of 16
PCN Form — Version 1.4 January 2009

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 13 of 16
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
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)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
❑x No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
❑x No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑x Yes
❑ No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
As the development of this subdivision progresses, a need for an off -site sewerline easement will be assessed.
The off -site
sewer may have additional impacts to jurisdictional waters of the U.S.
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.
The sewerlines will tie to the existing infrastructure in the southwestern portion of the property.
Page 14 of 16
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
❑x Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes 0 No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to
conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and
Threatened Species and Species of Concern by County for North Carolina online database for Union County. In addition, CWS
performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on December 11, 2018 to
determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat were
located within the project limits. The results of the desktop review and habitat assessment are included in the Protected Species
Habitat Assessment Report (Attachment F).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes N No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes N 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?
CWS consulted the SHPO online GIS service and found no known historical structures, buildings, sites, or districts existing
within the project limits.
http://gis.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes N No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710551100L
Page 15 of 16
PCN Form — Version 1.4 January 2009

Ms. Aliisa Harjuniemi 8.20.19
Applicant/Agent's Signature (Agent's
Applicant/Agent's Printed Name signature is valid only if an authorization letter Date
from the applicant is provided.)
Page 16 of 16
PCN Form — Version 1.4 January 2009

Courtyards at Lawyers Road
Attachments
August 20, 2019
CWS Project No. 2018-0452
ATTACHMENT A:
Figures 1-7

Pine Lake
Country
r lU6
7
7a
a
l'a
1el Hojh
'J
A
O �
S
c
n _
S
d
North Carolina
J
1
r
South Carolina
J
r
s
r
d'
1
�
0
1r
0
a
r.
T
Ste�ren s
i
Emerald
a�
Creek Natu
Laka Golf Qaea4, a'd,,a
Prey
%
Club
f
/
/The Divide
Goff C lub
/
r
/
C hat bHe
/
3p1lu crnl%�
Nalional
r
Golr Club
4d
r
ti
r / y Hertnby Bridge �a
J
f
w�ur.
4- U�oat�
r �b
��a �,,�•�' Legend
c� Project Limits (50 ac.)
III ngs p
Lake Park 5,000 2,500 0 5,000 Feet
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2018.
SCALE: DATE: FIGURE NO.
1 inch = 5,000 feet 3/20/2019 Vicinity Map
CWS PROJECT NO: DRAWN BY: 1
2018-0452 MLS Courtyards at Lawyers Road
COORDINATES: CHECKED BY: CAR•❑ L I 1 A' V A Union County of
35.147703,-80.622206 CAG WETLAND SERVICES Stallings, North Carolina 7
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\ArcGIS\Figures without sewerline easement\Figurel_Vicinity.mxd

r:r L•i41�
I � _
'2
! _Y" 9 fl
Legend
E—j Project Limits (50 ac.)
2,000 1,000 0 2,000 Feet
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): MINT HILL AND MIDLAND, INC (2017). /
SCALE: DATE: FIGURE NO.
1 inch = 2,000 feet 3/21/2019 USGS Topographic Map
CWS PROJECT NO: DRAWN BY: 2
2018-0452 MLS Courtyards at Lawyers Road
COORDINATES: CHECKED BY: �f
C A R❑LIMA Union County
35.147703,-80.622206 CAG WETLAND SERVICES Stallings, North Carolina 7
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\ArcGIS\Figures without sewerline easement\Figure2_USGS.mxd

G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\ArcGIS\Figures without sewerline easement\Figure3_Aerial.mxd

eB2 > d
GoB
IMO�
HeB
GeB2
W
CeB2 Va
A,
Tm
LU Ta B
Va B
W LgB
��yF4S HeB
GeB2
GoD Ewa' �Q Gf SIEVE
J�
� �h0
ScA
a
LINEV IEW DR
TbB2
lY
� Y
OweRo 0
Ta B OK �R z
LU
TaC Ta B 00
J
CO)B
GREEN'ASH LN CO)f
CeD2 MO VaB * - I fcA
Va B
e
Va B
GeB2
B
e ScA
LgB ScA
GoB /CmB
ScA
B
TbB2
NR
If
CmB
Bu J
BaC W
J
Z
2
BaB
NS MIL1 Ta B
BaB 00
D
LU
- w
z
C �
MILLWRIGHT LN
ScA W Ba
G)
v
v
Z Ta B
O
N z
� r
aB )3 CmB
m
Ta B M
Soil Ur t Name and Description
Hydric Coverage (% )
BaB
Badin channery silt loam, 2 to 8 percent slopes
No 46
BaC
Bacin channery silt loam, 8 to 15 percent slopes
No 0.1
GeB2
GFB2
Georgeville silty clay loam, 2 to 8 percent slopes, moderately eroded
Georgeville silty clay loam, 2 to 8 percent slopes, moderately eroded
No 1.5
No 0.3
T1 HeB
ScA
Helena fine sandy loam, 2 to 8 percent slopes
Secrest-Cid complex, 0 to 3 percent slopes
Yes 8.3
Yes 42.2
TaB
Tarrus gravelly sift loam, 2 to 8 percent slopes
No 0.6
VaB
Vance sandy loam, 2 to 8 percent slopes
No 1
Total Coverage: 100
Legend
Project Limits (50 ac.)
4/1 Q
Roads
1,000 500 0 1,000 Feet
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG AND UNION COUNTY, INC, DATED 2017.
m
SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO.
1 inch = 1,000 feet 3/21/2019 Y
CWSPROJECT NO: DRAWN BY: of Union County 4
2018-0452 MLS Courtyards at Lawyers Road
COORDINATES: CHECKED BY: �f
C A R❑ L I N A Union County
35.147703,-80.622206 CAG WETLAND SERVICES Stallings, North Carolina 7
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\ArcGIS\Figures without sewerline easement\Figure4_CurrentSoil.mxd

4.
i afi
-
1
j � `4 iC1ht
:cI ,
4nL+ 5rA C: r:m8 ry
C„,S
,•-, i.�y7 — R.,H w`
RaPi
0:12Ta
E�isH �
5cA s V
fsuE -
_u ^ r
7 1 f'4'
cll Etas
I
Tbs s
LLJJ Lawyers Rd
TIB
�
'+gin Tag
`may 1In,
Stevens Mill Rd TIE
' J f'-
titi' ; . •� 1,A
Inc]
Iba7
CUP.
err; r
f tuB �
\[j
T i �� Bs: lie G,c
TAT•. -A b:ir. '} + eb � - 1 . ` oT
_,ti i i59: T.
Iliil� if' � -�ES: ;� 'S7' 4 B�Fr. �'.. I ";• `1 S.i
Soil Unit Name and Description Hydric
BaB Badin channery silt loam, 2 to 8 percent slopes No
BaC Badin channery sift loam, 8 to 15 percent slopes No
GeB2 Georgeville silty clay loam, 2 to 8 percent slopes, moderately eroded No ti;.. ; Leg e n d
GfB2 Georgeville silty clay loam, 2 to 8 percent slopes, moderately eroded No
HeB Helena fine sandy loam, 2 to 8 percent slopes Yes Ta'D
ScA Secrest-Cid complex, 0 to 3 percent slopes Yes "? Project Limits (50 ac. )
TaB Tarrus gravelly sift loam, 2 to 8 percent slopes No 1 2g r .
VaB IVance sandy loam, 2 to 8 percent slopes No
21000 1,000 0 2,000 Feet
REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF UNION COUNTY, NC, SHEETS 4, 5, 8, AND 9, DATED 1996.
SLA
SCALE: 1 inch = 2,000 feet DATE. 3/21/2019 USDA-NRCS Puplished Soil Survey FIGURE NO.
CWS PROJECT NO: DRAWN BY: of Union County 5
2018-0452 MLS Courtyards at Lawyers Road
COORDINATES: CHECKED BY: �f
C A R❑ L I N A Union County
35.147703,-80.622206 CAG WETLAND SERV,CE5 Stallings, North Carolina 7
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\ArcGIS\Figures without sewerline easement\Figure5_HistoricSoils.mxd

Alexis Dr
m
gRa
T
o^ °off 153. Of
(6
O � m
O
N
Q
Helena r
m
c d rk4 e9o�.,Or
y° Y h
Joli Che U
al Ln �
CO
m z
¢ w
h �
Maple Ho//ott p
� a
OP
0
o erio
r e
mpsmmCk�r S
r
1 N.
1 o GFORGF GU/N
W
00
urtrJ
° 3 r
J
o ^ J
O Z
Qom¢ X
LU
X 2
cBENT O K �G n
�
W/ L 0VV -
0
O O
m HDNLEY RIDG
TEN Y
z
-
�Lsy
713
eF�cC Ohs n
ABERGEL
m
O T
n
Crt Shannamara Dr
°
Legend
rn F E
Project Limits (50 ac.)
FOq
do
<</'L
Roads
N
2 P
National Wetland Inventory
>� Q GKIND
OAK
® Freshwater Forested/Shrub Wetland
Rio N
m PANE
Freshwater Pond
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2018.
2,000 1,000 0 2,000 Feet
BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG AND UNION COUNTY GIs DEPARTMENT, DATED 2018.
SCALE:
1 inch = 2,000 feet
DATE:
3/21/2019
National Wetland Inventory
FIGURE NO.
CWS PROJECT NO:
DRAWN BY:
6
2018-0452
MLS
Courtyards at Lawyers Road
�f
COORDINATES:
CHECKED BY:
C A R❑ L I N A
WETLAND SERVICES
Union County
35.147703,-80.622206
CAG
Stallings, North Carolina
7
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\ArcGIS\Figures without sewerline easement\Figure6_NWl.mxd

Potential Waters of the U.S.
Ephemeral Channel D
82 If
r
Potential Waters of the U.S.
Wetland AA
0.02 acre
Potential Waters of the U7X__
Wetland DD
0.003 acre
--
.1 : I I
Potential -------------- ---------- .1. ' ! :."Waters of the U.S.
Stream A
Seasonal Flow: 574 If
Potential Waters of the U.S. Perennial Flow: 210 If
Wetland BB Total Flow: 784 If
0.03 acre
Potential Waters of the U.S.
Seasonal Stream C
494 If
` • DP3
---- /� a • D P 4
Intermittent Stream Start
�. 363 If
�0 DP1/
DP' • 1 SCP4 Intermittent Stream Start
96 If /
A SCP3
w �
_ 1 _
Potential Waters of the U.S. Legend
Seasonal Stream B
_ 96 If
Y Project Limits (50 ac.)
A �
Seasonal Stream
ro tis
Perennial Stream
-- ` - - - • Ephemeral Channel
® Wetland
i
Goose Creek Buffer
S Culvert Opening
Roads
�'✓ + Tax Parcels
I
Potential Waters of the U.S. I I
Wetland CC
0.14 acre
CP2
3CP1
'
- - ODP Data Point
-
-
♦ SCP Stream Classification Point
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY UNION AND
Indicates Flow
MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
-_ Photo Location and
Direction
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
— `-
UNIT BY CWS, INC., ON DECEMBER 19 AND 27, 2018, AND JANUARY 8, 2019.
POTENTIAL WATERS OF THE U.S. WERE FIELD VERIFIED BY THE USACE ON
ti_—_ 400 200 0
400 Feet
MAY 29, 2019 (SAW-2019-00633). NCDEQ STREAM CLASSIFICATION BREAK
POINTS WERE FIELD VERIFIRED ON JUNE 7, 2019 BY NCDEQ.
I
f
—
SCALE:
1 inch = 400 feet
DATE:
6/7/2019
Jurisdictional Boundaries
FIGURE NO.
7A
CWS PROJECT NO:
DRAWN BY:
Courtyards at Lawyers Road
Union County
2018-0452
HEM
G A R❑ L I N A
of
COORDINATES:
CHECKED BY:
35.147473,-80.622154
CAG
WETLAND SERVICES
Stallings, North Carolina
7B
G:\Shared drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\Updates per USACE site visit\Figure7A_JD(UPDATED).mxd

Courtyards at Lawyers Road
Attachments
August 20, 2019
CWS Project No. 2018-0452
ATTACHMENT B:
Agent Authorization Form

AGENT CERTIFICATION OF AUTHORIZATION
I, Scott Twiddy, representing Epcon Communities, hereby certify that I have authorized Aliisa
Haduniemi of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary
to the processing, issuance, and acceptance of this request for wetlands determination /
permitting and any and all standard and special conditions attached.
K8-321-004,
D8-321-004A, Epcon Communities; 8600 Sam Furr Road, Suite 180
K8-321-004A,
D8-321-004, 08-321-003, POC: Scott Twiddy Huntersville, NC 28078
08-321-005A01
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
Authorized signature
Date
Agent's signature
1-11-19
Date
Completion of this form will allow the agent to sign
all future application correspondence.

Courtyards at Lawyers Road
Attachments
August 20, 2019
CWS Project No. 2018-0452
ATTACHMENT C:
Preliminary Jurisdictional Determination
(SAW-2019-00633)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00633 County: Union U.S.G.S. Quad: NC- Midland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Eocon Communities
Scott Twiddv
Address: 8600 Sam Furr Road, Suite 180
Charlotte, NC 28078
Telephone Number: 803-389-3387
E-mail: wstwiddvnicloud.com
Size (acres) 50 Nearest Town Charlotte
Nearest Waterway Goose Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.147703
Longitude:-80.622206
Location description: The review area is located on the north/northeast side of Lawvers Road; approximately 2 miles northwest
of the intersection of Lawvers Road and Mill Grove Road. PINS: K8-321-004, D8-321-004A, K8-321-004A, D8-321-004, 08-321-
003, and 08-321-005A01. Reference review area description shown in Jurisdictional Determination Request package entitled
"Figure 1, Vicinity Mad" and Printed Date of 03/20/2019.
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 6/7/2019. 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 wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2019-00633
❑ 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 onDATE. 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 [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brvan Roden-Revnolds at 704-510-1440 or
b ry an. ro den-reyno ld s(d u s ace. army. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 6/27/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in 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 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 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.
RODENREYNOLDS.BRYAN.KENNETH.1263385574 Dig itaIlysignedbyRODENREYNOLDS. BRYAN.KENNETH.1263385574
Reg
ulatory egul atory Official: Date: 2019.06.27 08:04:51 -04'00'
Date of JD: 6/27/2019 Expiration Date of JD: Not applicable

SAW-2019-00633
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent:
Carolina Wetlands Services, Inc.
Aliisa Hariuniemi
Address:
550 E. Westinghouse Boulevard
Charlotte, NC 28273
Telephone Number:
980-259-1222
E-mail:
aliisa(&cws-inc.net

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Eucon Communities, Scott Twiddv File Number: SAW-2019-00633
Date:05/24/2019
Attached
is:
See Section below
F-11
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.anny.mil/Missions/CivilWorks/RegulatorvProgramandPennits.asI)x
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 11 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 11 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.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL 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: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 05/24/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Epcon Communities, Scott Twiddy, 8600 Sam
Furr Road, Suite 180, Charlotte, NC 28078
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Courtyards at Lawyers Road, SAW-
2019-00633
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
north/northeast side of Lawyers Road; approximately 2 miles northwest of the intersection of Lawyers Road and Mill
Grove Road. PINS: K8-321-004, D8-321-004A, K8-321-004A, D8-321-004, 08-321-003, and 08-321-005A01.
Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity
Map" and Printed Date of 03/20/2019.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.147703 Longitude:-80.622206
Universal Transverse Mercator:
Name of nearest waterbody: Goose Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 05/29/2019
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)
Wetland
35.147143
-80.62484
0.02 acre
Wetland
404
AA
Wetland
35.148872
-80.620164
0.03 acre
Wetland
404
BB
Wetland
35.147969
-80.618846
0.14 acre
Wetland
404
CC
Wetland
35.146459
-80.624076
0.003 acre
Wetland
404
DID
Stream A
35.147653
-80.618401
784 linear feet
Non -wetland
404
Stream B
35.146476
-80.623076
96 linear feet
Non -wetland
404
Stream C
35.146642
-80.624057
494 linear feet
Non -wetland
404

Estimated amount of
Type of aquatic
Geographic authority to
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
degrees)
degrees)
review area (acreage
wetland vs. non -
'may be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
Stream D
35.147183
-80.624794
82 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 7D (AID) for that review area based on an informed decision after having discussed the
various types of 7Ds 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 AID 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 AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID 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 AID
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 AID
or a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-7
® 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 2, USGS Topographic Map (1:24,000 Mint Hill,
NC and 1:24,000 Midland, NC)
® Natural Resources Conservation Service Soil Survey. Citation: Figure 4, USDA-NRCS Web Soil Survey of Union
County (Soil Survey of Mecklenburg and Union Counties Dated 2017) and Figure 5, USDA-NRCS Published Soil
Survey of Union County (Soil Survey of Union County, Sheets 4-5, 8-9 Dated 1996)
® National wetlands inventory map(s). Cite name: Figure 6, National Wetland Inventory (USFWS NWI Mapper)
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 1, Vicinity Map (Dated 03/20/2019), Figure 3, Aerial Map (Dated
03/21/2019), and Figure 7, Jurisdictional Boundaries (Dated 06/07/2019)
or ®Other (Name & Date): Photographs 1-7
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): NCDWQ Stream Identification Forms (Version 4.11) Dated 12/19/2018
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later iurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.12
REYNOLDS.BRYAN.KE 63385574
NNETH.1263385574 Date: 2019.06.2708:05:17
-04'00'
Signature and date of Regulatory
staff member completing PJD
6/27/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Potential Waters of the U.S.
Stream A
Seasonal Flow: 574 If
Potential Waters of the U.S. Perennial Flow: 210 If
Wetland BB Total Flow: 784 If
0.03 acre
ential L)/ e4 acre Caters of the U.S. I
Potential Waters of the U.S.
Seasonal Stream C
Potential Waters of the U.S.
494 If
Ephemeral Channel D •
82 If DP3
a • DP4 `
/ 1\SCP2
♦ �. 3631
Potential WgtheU.S.Wetland AAi �j A11 0.02 acret` ` �j - SCP3
Potential Waters of the U.S.
Wetland DID
0.003 acre
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY UNION AND
MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON DECEMBER 19 AND 27, 2018, AND JANUARY 8, 2019.
POTENTIAL WATERS OF THE U.S. WERE FIELD VERIFIED BY THE USACE ON
MAY 29, 2019 (SAW-2019-00633). NCDEQ STREAM CLASSIFICATION BREAK
POINTS WERE FIELD VERIFIRED ON JUNE 7, 2019 BY NCDEQ.
SCALE: DATE:
1 inch = 400 feet 6/7/2019
CWS PROJECT NO: DRAWN BY:
2018-0452 HEM
COORDINATES: CHECKED BY:
35.147473,-80.622154 CAG
Potential Waters of the U.S. Legend
Seasonal Stream B
96 If
Project Limits (50 ac.)
AO ---
�, •Seasonal Stream
tis
Perennial Stream
- - - • Ephemeral Channel
® Wetland
Goose Creek Buffer
Culvert Opening
Roads
Tax Parcels
ODP Data Point
♦ SCP Stream Classification Point
Indicates Flow
♦► Photo Location and Direction
400 200 0 400 Feet
FIGURE NO.
Jurisdictional Boundaries 7A
Courtyards at Lawyers Road Of
r A R O L I NA Union County WETLANDJ SERVICES Stallings, North Carolina / B
G:\Shared drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\JD\Updates per USACE site visit\Figure7A_JD(UPDATED).mxd

Courtyards at Lawyers Road
Attachments
August 20, 2019
CWS Project No. 2018-0452
ATTACHMENT D:
Permit Drawings

------------
WETLAND-
1
SEASONAL
1 STREAM C 1
J WETLAND CC�"r
NONJURISDICTIONAL ,
STREAM (DISTURBED
}
�_�--•.EPHEMERAL CHANNEz D BY ROAD CROSSING)
_ '
tit11'y� r = INTERMITTENT
WETLAND AA w g / STREAM C -
SEASONAU
+ WETLAND DQ -
•.- INTERMITTENT
r , STREAM e
f ' i1L
1
�1
51 .T R1 � I 0 � +`+ti•!14':+, r . 5L-; J �-�''---+_-�� � ti-. � F- 1 k— -1 I I --
r-'•r_Y j IS i � 1 � i
lL r i-
506 fl 254 540 100a
SHEET TITLE
EXIS-nNG SITE GGNDMONS
AMRQ
sAw- — -
07 2B 19
PROJECT COURTYARDS ON LAWYERS ROAD
TOM OF SiALLNC>t% Wm CO, N.C.
ice' � �
STG
MAH
YARswouGH-Wn * *■us a Houu6 Exc.
phraminr . aard.rixg o
wtuvm;`s__Rr,...rdlAt
xc corpa�l,e �. ,''�,Ou uw rwdtw 2 uu
'ro�= 794ME NOWL4
51r= or =Ars
GRAPHIC SCALE
( IN FEET )

.PROPOSED ROAD, LGTB AND GRADING
�; -.+ ___ ! • �'„� WETLAND NPACT
rr .- SEE OETAIL "C"
h� - f y)'T �� SHEET T OF 19
I S r _ •'tom .
yy - ( PROPOSED LOTS ANO GRAOINO i
+ i-:BTREAMIMPACT
{� 8EE sETAIL "B"
FBHEETd0F111
Lam_.-.•- -_ t,
4
.'PRGPO6ED ROAD CROSSING
STREAMIMPACTL,
SEE DETAIL "A"
SHEET ] OF 10.
f
� I
r '�---T---1 r.l.�_L_ 1 .
Sao p 250 5DO low
GRAPHIC SCALE
f IN FEET ]
1 r r
I
PROPOSEtl Rtl78 AND GRADING
i ,,}�}� WETLAND IMPACT
'11 t i-•� r -BEE DETAIL "D'
.nHE TsOF_I*
- r i i-Q�'
r
X�'
SHEET TITLE
OVERVIEW OF IMPACTS
COUMARDS ON LAWYERS ROAD
mm OF STALLNm L11 m CQ, M.G.
FOR @'CON COMWNFTIES
YAmmouGm-ph.ium; t Homm, iNc.
P[�saNisa; ssr>•ueyles ! 8h istesriso$
Nc rIa + Anr 6tik Conn 1I96
,e>xrron jC-0473 °. Irasa c rdesa s pbnWe, Ka►L =34
nl.esuosa TaAEeeLmce(r�� — -
W/�7�IW
"-= 5°°
Imr
07 26/19
BTG

100' RIPARIAN
r` BUFFER
S2 - Stream C
44 If (Rip rap along banks)
Permanent impact, no
loss of waters
BURIED 6" BELOW
EX. STREAM BOTTOM.
V PLACE RIP RAP ON
' -BANK OF CHANNEL
ONLY. DO NOT
DISTURB CHANNEL
} BOTTOM.
- 1
n
J
y
/
z �
r { / S1 -Stream C /
/ - 76 If impact (culvert for road
crossing) _
/ - Permanent loss of waters
gafl'FER ARIAN
1
1
-
j
MH 82
RIM: 678.30
INV IN:664.91
INV IN:667.09 (STUB)
INV OUT: fi64.91
HEADWALL 11
1\ -° INV: 667.98
l AND "DD" '-� v: 7.s
9.0" DIA. RIP RAP
CB 83 — 13.5" MIN. DEPTH
! TC: 676,80 , �*CULVERT INVERT
INV IN: 663.74 (MH 82) ` _ _ BURIED 8" BELOW /
�i INV IN:672.67 (CB 94) f Ex. STREAM BOTTOM.
INV OUT:663.74 _ PLACE RIP RAP ON
BANK OF CHANNEL
ONLY. DO NOT
DISTURB CHANNEL
'BOTTOM.
{r j STREAM "C" �r } S1 - 76 If permanent impact
y j j S2 - 44 If permanent impact (no
loss of waters)
40 0 20 40 80
GRAPHIC SCALE
( IN FEW r )
SHEET TITLE
�PPLNAi �NI.OaNG j
SAW-
STREAM IMPACT
DETAIL 'A'
1.=40'
fl, 26,9
P11°CT COURTYARDS ON LAWYERS ROAD
BTG
MAN
TM OF STAIJ_WX� MM �, NC
FOR FPCON COM IUMM
YARBROUGH-WILLLA S k HOULE. INC.
FURRITF-
ppla"Mixg o SrryoyiN= a Sst IPI xOM"s
!FC Carpan7e audkIt p, "mlE camum am ptMERN llKoolb Cuc� M64
'foaeeelobo aat'mLoov ko
4. la,T

WEEMEMI
■■■■■■I
I■■■■■■■■■■
:!!mmmmm
rl

RO . W 1. 1
:IRO . G ADI ST EE
1
ROP HE pW LL 2
x.
RACE
PRO
. H
ADVVALL
11
BU !ED 6' EL W
C AN EL BOTTOM. PR .
IN V: 1 ;69.112
0'
!NF Rc °
NC
i4c
uR!
❑ S
BELOW
BE —
.5
d'
54. .F.
ROP
iN
. 6
7.9
C
C)NCF ETE P!P
■ 0
670
■.e
40 0 20 46 BO
SHEET TnE
STREAM IMPACT SECTION
(DETAIL A)
MAE1._40.&¢,
07 26 19
RdJECT COURTYARDS ON LAWYERS READ
FOR EPC N CDA$ Co, NC.
"TO
ArAH
YAnRoucu-Wrtss w= a Hour s, Ixc.
suffloylms a srx..r.sTsr�„GRAPHIC
itu . es gymgin o„.m4 mm
??mum aw.ee"maKk4
NFRORFIRr-
r�rs i�s,s
SCALE
( [N FEET ]

40 0 20 40 80
GRAPHIC SCALE
( IN FEET )
SHEET TfTLE
SAW-
- •
WETLAND IMPACT
DETAIL "D"
I"=40.
07 2619
'fiQJECT COURTYARDS ON LAWYERS ROAD
BTG
TOWN OF STAL LINM LUM 08ti N.C.
M AH
F )R EPOM COtiM UNIMS
YAXZROUGH'MI.i.IAM rr Hou 6INC.
^
ok came �o &R
xc r�o, .� uce
CLrklt., IIoRh carabM& 86SamPmPh—M.. MaSb (yrnNw. M151
701,EKLE0.1iW 704.e6c.06oe[t.4 _
_ sir 8 OF I QHrs

y }°•ti Z S` ,= - ~�_+- "` l ��y1%°1Y 11 WLT• `GCS ^ �. _ f
NO W OR -FoRMERLY
1� D=637.3,015 C G-730
PARCEL #08-321-005v-- — I
31
�81 - f •%1. �:. Buffer Impact #1
Road crossing
W 21,666 sq ft buffer impact ` w+ 11`
r 1 100 feet wide, no mitigation required
/. Buffer Impact #4
RiPARIAN� k {
- Culvert outlet
BUFFER \, / - Will require variance
1,454 sq ft buffer impact
Mitigation required
I 1_ fWRIPARMI!
j BUFFER
l 000
�-
T A, N
• IMPACT WITHIN _
100' RI PARIAH
BUFFER (TYP.]
`1
If
IMPACT V MIN .
WINNER I f
BUFFER (TYP.)
5V INNER���
L � ' BUFFER
v�
Buffer Impact #3
Sewer easement within 50 ft inner buffer
182 sq ft buffer impact 12 064.28 S,F. SO'SUFFER IMPACT
- Mitigation required
100' 6UFFER IIPACT1LAM t�W .16 S,F.
Buffer Impact #2 W-'67
- Sewer easement outside 50 feet inner ROADWAY IMPACT gUNTLL
�l� IMPACT
buffer 50' - 11,531.22 S.F. _6
2,508 sq ft buffer impact 100' - 10,017 S.FTAJL
30 feet wide, no mitigation required UTILITY IMPACT cT COURTYARM ON LAWYEPS ROAD ore
o M eo ]W 50' - 533.06 S.F. FOR B"COH �S
' 100' - 3,674.16 S.F.
Yeasaauca-trrv� t Hnma, W-
GWMC SCAId? nk ,. .w d+.t f;s B j

�...
DEED -'V / 'A
' + PARCEL /,/OR- 321
cos
y �
92'
IOV RIPARIAN
BUFFER .
s9
30
r�
19
3 }1
/1S ' y
\\` 32 !
I
13� ,
r 5' WIDE ASPHALT
39 r �' 1 — ;. WALMNG TRAIL
' .\ 1 4
Buffer Impact #5
Walking trail ~
\ \, 10,401 sq ft buffer impact r Y
�6 feet wide, no mitigation required
3r fj %�}j•�j
i + \�O -VV W
\sa R+ 1 w W
I • - � y \�" - ,gall + Y. ^ r +. "'
w+
V' + 56
aiI WALLING TRAIL
135� J IMPACT WiTNIN
IDO' RIPARIAN
BUFFER (h'P-j
� r
Fn t00' RIPARIAN
BUFFER
yy-7� 10
lJ _ - +
0 S.F. 50' BUFFER IMPACT
10,400.84 S.F. 100' SUFFER IMPACT
SHEET TITLE sArr- -
BLJFFER IMPACT eb .
DETAIL o� s
Ro£LT cmimmos oN LAwyaisFK)AD ers
ro a so eo y�o
FoR �H CaYi�HI� �, N.G wow
i
_ Yetawnta-m•,,,•,•� t iiotr>� INc
GRAF.HIC SCALE

Courtyards at Lawyers Road
Attachments
August 20, 2019
CWS Project No. 2018-0452
ATTACHMENT E:
NC SAM Form

NC SAM FIELD ASSESSMENT FORM
Accompanies User Manual Version 2.1
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Courtyards at Lawyers Road 2. Date of evaluation: 7.10.19
3. Applicant/owner name: Epcon Communities 4. Assessor name/organization: CWS
5. County: Union 6. Nearest named water body
7. River basin: Yadkin-PeeDee on USGS 7.5-minute quad: Goose Creek
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.146230,-80.623894
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): Stream C 10. Length of assessment reach evaluated (feet): 494
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 ❑Unable to assess channel depth.
12. Channel width at top of bank (feet): 3-4 13. Is assessment reach a swamp steam? ❑Yes ❑No
14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic ❑A\1 J ®B
valley shape (skip for
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V)
❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
❑Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
❑Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No
1. Channel Water -assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
❑A Water throughout assessment reach.
❑B No flow, water in pools only.
®C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not
3. Feature Pattern - assessment reach metric
❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
®B Not
4. Feature Longitudinal Profile - assessment reach metric
❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
®B Not
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
❑A < 10% of channel unstable
❑B 10 to 25% of channel unstable
®C > 25% of channel unstable

Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
®A ®A Little or no evidence of conditions that adversely affect reference interaction
❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
❑B Excessive sedimentation (burying of stream features or intertidal zone)
❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
❑D Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
❑F Livestock with access to stream or intertidal zone
❑G Excessive algae in stream or intertidal zone
❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
❑I Other: (explain in "Notes/Sketch" section)
®J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
®C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach)
(skip for Size 4 Coastal Plain streams)
❑A
Multiple aquatic macrophytes and aquatic mosses
W
❑F
5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats)
M
❑G
Submerged aquatic vegetation
❑B
Multiple sticks and/or leaf packs and/or emergent
o w
❑H
Low -tide refugia (pools)
vegetation
Y r
❑I
Sand bottom
❑C
Multiple snags and logs (including lap trees)
r12
M
❑J
5% vertical bank along the marsh
❑D
5% undercut banks and/or root mats and/or roots
0 :5
❑K
Little or no habitat
in banks extend to the normal wetted perimeter
®E
Little or no habitat
*****************************'REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS***—***********************
11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
1 la. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
®A Riffle -run section (evaluate 11c)
®B Pool -glide section (evaluate 11d)
❑C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
® ❑ ❑ ❑ ❑ Bedrock/saprolite
® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm)
® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm)
❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm)
❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm)
❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm)
® ❑ ❑ ❑ ❑ Detritus
® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.)
11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)

12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams)
12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other:
12b. ❑Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
❑ ❑Adult frogs
❑ ❑Aquatic reptiles
❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
❑ ❑Beetles
❑ ❑Caddisfly larvae (T)
❑ ❑Asian clam (Corbicula)
❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp)
❑ ❑Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ ❑Mayfly larvae (E)
❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ ❑Other fish
❑ ❑Salamanders/tadpoles
❑ ❑Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
❑ ❑Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
®A ®A Little or no alteration to water storage capacity over a majority of the streamside area
❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area
❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep
❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
❑Y ®Y Are wetlands present in the streamside area?
®N ❑N
16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
❑A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins, do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
HE Stream bed or bank soil reduced (dig through deposited sediment if present)
❑F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
®B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
❑C Urban stream (>_ 24% impervious surface for watershed)
❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
❑F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
®A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
❑B Degraded (example: scattered trees)
❑C Stream shading is gone or largely absent

19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed
❑B ❑B ❑B ❑B From 50 to < 100 feet wide
❑C ❑C ❑C ❑C From 30 to < 50 feet wide
❑D ❑D ❑D ❑D From 10 to < 30 feet wide
❑E ❑E ❑E ❑E < 10 feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
®A ®A Mature forest
❑B ❑B Non -mature woody vegetation or modified vegetation structure
❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide
❑D ❑D Maintained shrubs
❑E ❑E Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
❑A ❑A ❑A ❑A ❑A ❑A Row crops
❑B ❑B ❑B ❑B ❑B ❑B Maintained turf
❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture
❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
®A ®A Medium to high stem density
❑B ❑B Low stem density
❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
®A ®A The total length of buffer breaks is < 25 percent.
❑B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity— assessment reach metric (skip for all Coastal Plain streams)
25a. ❑Yes ®No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Checkthe box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230
Notes/Sketch:

Draft INC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Courtyards at Lawyers Road Date of Assessment
7.10.19
Stream Category Pb1 Assessor Name/Organization
CWS
Notes of Field Assessment Form (Y/N)
NO
Presence of regulatory considerations (Y/N)
NO
Additional stream information/supplementary measurements included (Y/N)
NO
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
Intermittent
USACE/
NCDWR
Function Class Rating Summary All
Streams
Intermittent
(1) Hydrology
MEDIUM
MEDIUM
(2) Baseflow
MEDIUM
MEDIUM
(2) Flood Flow
MEDIUM
MEDIUM
(3) Streamside Area Attenuation
HIGH
HIGH
(4) Floodplain Access
HIGH
HIGH
(4) Wooded Riparian Buffer
HIGH
HIGH
(4) Microtopography
NA
NA
(3) Stream Stability
LOW
LOW
(4) Channel Stability
LOW
LOW
(4) Sediment Transport
LOW
LOW
(4) Stream Geomorphology
HIGH
HIGH
(2) Stream/Intertidal Zone Interaction
NA
NA
(2) Longitudinal Tidal Flow
NA
NA
(2) Tidal Marsh Stream Stability
NA
NA
(3) Tidal Marsh Channel Stability
NA
NA
(3) Tidal Marsh Stream Geomorphology
NA
NA
(1) Water Quality
HIGH
HIGH
(2) Baseflow
MEDIUM
MEDIUM
(2) Streamside Area Vegetation
HIGH
HIGH
(3) Upland Pollutant Filtration
HIGH
HIGH
(3) Thermoregulation
HIGH
HIGH
(2) Indicators of Stressors
NO
NO
(2) Aquatic Life Tolerance
OMITTED
NA
(2) Intertidal Zone Filtration
NA
NA
(1) Habitat
MEDIUM
MEDIUM
(2) In -stream Habitat
LOW
LOW
(3) Baseflow
MEDIUM
MEDIUM
(3) Substrate
LOW
LOW
(3) Stream Stability
LOW
LOW
(3) In -stream Habitat
LOW
LOW
(2) Stream -side Habitat
HIGH
HIGH
(3) Stream -side Habitat
HIGH
HIGH
(3) Thermoregulation
HIGH
HIGH
(2) Tidal Marsh In -stream Habitat
NA
NA
(3) Flow Restriction
NA
NA
(3) Tidal Marsh Stream Stability
NA
NA
(4) Tidal Marsh Channel Stability
NA
NA
(4) Tidal Marsh Stream Geomorphology
NA
NA
(3) Tidal Marsh In -stream Habitat
NA
NA
(2) Intertidal Zone
NA
NA
Overall
MEDIUM
MEDIUM

Courtyards at Lawyers Road
Attachments
August 20, 2019
CWS Project No. 2018-0452
ATTACHMENT F:
Protected Species Habitat Assessment Report

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
August 12, 2019
Mr. Scott Twiddy
Epcon Communities
8600 Sam Furr Road, Suite 180
Huntersville, NC 28078
Subject: Protected Species Habitat Assessment Report
Courtyards at Lawyers Road
Stallings, North Carolina
CWS Project No. 2018-0452
Dear Mr. Twiddy,
Epcon Communities has contracted Carolina Wetland Services, Inc. (CWS) to provide a
protected species habitat assessment for the Courtyards at Lawyers Road site. The
Courtyards at Lawyers Road site is approximately 50 acres in extent and is located north of the
Lawyers Road and Stevens Mill Road intersection in Union County, North Carolina (Figure 1).
The project area includes Union County Tax Parcel Nos. K8-321-004, D8-321-004A,
K8-321-004A, D8-321-004, 08-321-003, 08-321-005A01.
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species
of Concern by County for North Carolina online database for Union County'. In addition, CWS
performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data
Explorer2 on December 19, 2019 to determine if any record occurrences of federally -listed,
candidate endangered, threatened species, or critical habitat are located within the project
limits.
Typical habitat requirements for listed species was discerned from multiple USFWS and
NCNHP online resources including, but not limited to, specific USFWS species profiles3,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina4. United States
' United States Fish and Wildlife Service, Raleigh Field Office. Accessed December 18, 2018. Endangered and Threatened
Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylistlunion.html
2 North Carolina Natural Heritage Program. 2018. Biotics Database. Division of Land and Water Stewardship. Department of
Natural and Cultural Resources, Raleigh, North Carolina. Accessed December 18, 2018.
3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. http://www.fws.gov/nces/es/plant_Survey.htmi. Accessed December 18, 2018.
Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC
Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylisttnc_Counties.html
North Carolina - North Carolina
WWW.CWS-INC.NET
Page 1 of 6

Courtyards at Lawyers Road
Protected Species Assessment Report
August 12, 2019
CWS Project No. 2018-0452
Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil
Survey of Union County5 and aerial imagery were also reviewed for potential habitat conditions
for listed species within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Aliisa Harjuniemi, Professional Wetland Scientist (PWS), Megan Shelton,
Wetland Professional in Training (WPIT), and Hannah Meeler, Staff Scientist I, conducted a
pedestrian habitat assessment of the project area on December 19 and December 27, 2018,
and January 8, 2019. Supporting habitat areas for potentially occurring federally -protected
species that were identified during the desktop review were evaluated in the field. The
evaluation included assessing the quality of physical and/or biological features that would be
supportive of protected species. Additionally, during the pedestrian habitat assessment, habitat
areas were qualitatively reviewed for the occurrence of applicable federally protected species.
However, formal surveys were not conducted for the occurrence of protected species.
Identification references for natural communities include Nelson's 'The Natural Communities of
North Carolina.' (1986)' and Weakley's 'Flora of the Southern and Mid -Atlantic States' (2015)'
for plant species identification.
Results
Based on the NCNHP data explorer review, there are no current records of federally -protected
species within the project limits or within a mile of the project limits (Attachment A). The
USFWS lists three federally protected species for Union County (Table 1). An official species
list has not been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Courtyards at Lawyers Road site, Union County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
Schweinitz's
E
Current
schweinitzii
sunflower
Plant
Rhus michauxii
Michaux's sumac
E
Current
Lasmigona
Animal
Carolina heelsplitter
E
Current
decorata
* E - Endangered, T - Threatened
Four terrestrial community types (deciduous forest, mixed forest, maintained open areas, and
maintained agricultural fields'), perennial and intermittent streams, and wetlands were
identified within the project area during the field survey (Figure 3). The perennial streams and
the open areas along the forest edges are considered potential habitats for federally
5 United States Department of Agriculture, 2017. Web Soil Survey of Union County, North Carolina. Accessed December 19,
2018.
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
6 Nelson, John B.. 1986. The Natural Communities of North Carolina, Initial Classification and Description.
hftp://m.namethatplant.net/PDFs/JBNDoc.pdf
Weakley, A.S. 2015. Flora of the Southern and Mid -Atlantic States. http://www.herbarium.unc.edu/flora.htm.
s Homer, C.G., Dewitz, J.A., Yang, L., Jin, S., Danielson, P., Xian, G., Coulston, J., Herold, N.D., Wickham, J.D., and Megown, K.,
2015, Completion of the 2011 National Land Cover Database for the conterminous United States -Representing a decade of land
cover change information. Photogrammetric Engineering and Remote Sensing, v. 81, no. 5, p. 345-354
Page 2 of 6

Courtyards at Lawyers Road
Protected Species Assessment Report
August 12, 2019
CWS Project No. 2018-0452
threatened or endangered species that could potentially occur within the project limits. A brief
description of each species habitat requirements and determination of effect findings are listed
below by species. Photographs 1-5 are representative of the current site conditions
(Attachment B). Photograph locations and photo directions are depicted on Figure 3.
Schweinitz's sunflower (Helianthus schweinitzit)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
North Carolina. It has been listed as an Endangered species under the ESA since
1991.9 The typical habitat for this plant includes roadsides, old pastures, transmission
line rights -of -way, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no known current occurrences for
this species within the project limits, or within a one -mile radius of the project
(Attachment A). A desktop review and field survey assessment determined that soils
commonly associated with Schweinitz's sunflower do occur on -site. These soils include
Badin channery silt loam, 2 to 8 percent slopes (BaB) and Badin channery silt loam, 8
to 15 percent slopes (BaC) (Figure 2). The maintained agricultural and open areas
were too frequently disturbed through the practices of mowing, tilling, fertilizing and
pesticide application , and soils were highly compacted from frequent farming practices
(Photographs 1-3, Attachment B). Therefore, the forest margins and roadsides next to
the agricultural fields are unlikely to support Schweinitz's sunflower populations. No
individuals of Schweinitz's sunflower or other Helianthus species were found during the
pedestrian habitat assessment on December 19 and 27, 2018, and January 8, 2019.
Because of the lack of known occurrences within a one -mile radius and lack of
observation of Helianthus species during field assessment, CWS concludes any
potential on -site land disturbing activities will have no effect on the Schweinitz's
sunflower.
Michaux's sumac (Rhus michauxii)
Habitat Description:
Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves
exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal
clusters. Fruits are red drupes produced from August to October. It has been listed as
an Endangered species under the Endangered Species Act (ESA) since 1989.10 It is
found on the coastal plains of Virginia to Florida, with most populations occurring in
s United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/f`ederal_register/frl852.pdf.
10 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determ i nation of Endangered
Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federal_register/frl601.pdf.
Page 3 of 6

Courtyards at Lawyers Road
Protected Species Assessment Report
August 12, 2019
CWS Project No. 2018-0452
North Carolina. It prefers sandy or rocky open woods with basic soils, as well as,
highway right-of-ways, roadsides, or edges of artificially -maintained clearings.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project (Attachment
A). Though disturbed open areas conducive to early -succession species are present in
the project area, these areas consist of acidic soils that are not suitable for Michaux's
sumac (Figure 2). Due to the lack of supportive habitat and known occurrences within a
mile of the project limits, CWS concludes that this project will not affect Michaux's
sumac.
Carolina Heelsplitter (Lasmigona decorata)
Habitat Description:
The Carolina heelsplitter was historically known from several locations within the
Catawba and Pee Dee River systems in North Carolina and the Pee Dee and
Savannah River systems, and possibly the Saluda River system in North Carolina. The
species exists in very low abundances, usually within 6 feet of shorelines, throughout its
known range. The general habitat requirements for the Carolina heelsplitter are shaded
areas in large rivers to small streams, often burrowed into clay banks between the root
systems of trees, or in runs along steep banks with moderate current. Recently, the
Carolina heelsplitter has been found in sections of streams containing bedrock with
perpendicular crevices filled with sand and gravel, and with wide riparian buffers."
Biological Analysis:
There is one perennial streams within the study area, and it exhibits silty bottom with
turbid, stagnant water, making it an unsuitable habitat for the Carolina Heelsplitter
(Photograph 5). Based on the lack of suitable habitat and no known occurrences, CWS
concludes this project will have no effect on the Carolina heelsplitter.
" NCDOT TE Animal Habitat Descriptions. 2015.
https://con nect. ncdot. gov/resources/Environ mental/Compliance%20G u ides%20and%20P roced uresfTE%20An imal%20 Habitat%2
Descriptions%20 Mar_6_2015. pdf
Page 4 of 6

Courtyards at Lawyers Road August 12, 2019
Protected Species Assessment Report CWS Project No. 2018-0452
Summary
Based on the literature search, desktop review, and the results of the field assessment for
suitable habitat of federally -protected endangered, threatened, and candidate species, suitable
habitat was not observed within the project limits for the Schweinitz's sunflower, Michaux's
sumac, of the Carolina heelsplitter. CWS has concluded that project related activities within the
project boundary will not directly or indirectly jeopardize the Schweinitz's sunflower, Michaux's
sumac, or the Carolina heelsplitter. Effects on federally protected species and biological
determination requirements are summarized in Table 2.
Table 2. Biological Determination Requirements Summa Table for Federally Protected Species
Federal
Effect on Listed
Biological
Scientific Name
Common Name
Status*
Species
Determination
Required
Helianthus schweinitzii
Schweinitz's sunflower
E
No Effect
No
Rhus michauxii
Michaux's sumac
E
No Effect
No
Lasmigona decorata
Carolina heelsplitter
E
No Effect
No
* E - Endangered, T - Threatened
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency's determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.
Page 5 of 6

Courtyards at Lawyers Road
Protected Species Assessment Report
August 12, 2019
CWS Project No. 2018-0452
Thank you for the opportunity to provide these services on this important project. Please do
not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you
have any questions or comments regarding this report.
Sincerely,
Aliisa Harjuniemi, PWS
Project Scientist
Attachments
Christine A. Geist, PWS, CE
Consulting Group Manager
Figure 1: USGS Site Location
Figure 2: USDA-NRCS Web Soil Map of Union County
Figure 3: Aerial Imagery
Attachment A: North Carolina Natural Heritage Program Letter
Attachment B: Representative Photographs (1-5)
Page 6 of 6

k7
Mllehellsl,ke
we 5 •�
-•-----
f - 4f „
Legend
- I
Project Limits (50 ac.)
2,000 1,000 0 2,000 Feet
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): MINT HILLAND MIDLAND, NC (2017).
SCALE: DATE: FIGURE NO.
1 inch = 2,000 feet 3/21/2019 USGS Site Location
CWS PROJECT NO: DRAWN BY: 1
2018-0452 MLS Courtyards at Lawyers Road
COORDINATES: CHECKED BY: �f
C A R❑LIMA Union County
35.147703,-80.622206 CAG WETLAND SERVICES Stallings, North Carolina 3
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\PETS\ArcGIS\Without sewerline\Figurel_USGS.mxd

eB2 d
GoB
IMO�
HeB
GeB2
W
CeB2 Va
A,
Tm
LU Ta B
Va B
W LgB
��yF4S HeB
GeB2
GoD Ewa' �Q Gf SIEVE
J�
� �h0
ScA
a
LINEV IEW DR
TbB2
tr
� Y
OweRo 0
Ta B OK �R z
LU
TaC Ta B 00
J
CO)B
GREEN'ASH LN
Soil Unit Name and Description
Hydric
Coverage (% )
BaB
Badin channery silt loam, 2 to 8 percent slopes
No
47.7
BaC
Badin channery silt loam, 8 to 15 percent slopes
No
0.1
GeB2
Georgeville silly clay loam, 2 to 8 percent slopes, moderately
No
1.6
GfB2
% ville silly clay loam, 2 to 8 percent slopes, moderately
No
0.3
HeB
Mdad fine sandy loam, 2 to 8 percent slopes
Yes
8.6
ScA
Secrest-Cid complex, 0 to 3 percent slopes
Yes
40
TaB
Tarrus gravelly sift loam, 2 to 8 percent slopes
No
0.7
VaB
Vance sandy loam, 2 to 8 percent slopes
No
1
Total Coverage:
100
CeD2 MO VaB * I fcA
Va B
e
Va B
GeB2
B
e SCA
LgB ScA
GoB /CmB
ScA
B
TbB2
NR
If
CmB
Bu J
BaC W
J
Z
2
BaB
NS MIL1 Ta B
BaB 00
D
LU
- w
z
C �
MILLWRIGHT LN
ScA W Ba
G)
v
v
Z Ta B
O
N z
� r
aB CmB
m
Ta B M
Legend
Project Limits (50 ac.)
4/1 Q
Roads
1,000 500 0 1,000 Feet
REFERENCE. USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG AND UNION COUNTY, INC, DATED 2017.
m
SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO.
1 inch = 1,000 feet 3/21/2019 Y
CWS PROJECT NO: DRAWN BY: of Union County 2
2018-0452 MLS Courtyards at Lawyers Road
COORDINATES: CHECKED BY: C A R❑ L I N A Union County �f
35.147703,-80.622206 CAG WETLAND SERVICES Stallings, North Carolina 3
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\PETS\kcGIS\Wthout sewerline\Figure2_CurrentSoil.mxd

G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0452 Courtyards at Lawyers Road\PETS\ArcGIS\Wthou[ sewerlineTigure3_Aerial.rrixd

■ ONE Roy Cooper, Governor
BE a NC DEPARTMENT OF Susi Hamilton. Secretary
■■�■n NATURAL AND CULTURAL RESOURCES
■ ■■■ Walter Clark, Director, Land and Water Stewardship
NCNHDE-7772
December 19, 2018
Megan Shelton
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Courtyards at Lawyers Road
Dear Megan Shelton:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httl2s://www.fws.aov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCo)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

f
\
/
#
r
#
#
2 e
2 ®
2
2
2
2
E
±
-0
/
#
a
7
#
z
�
�
�
/ �
�
�
e
/
)
§
\
@
/
-r10
/
® 5
'
ƒ
n
_D
2
E
%
-0ƒ
a
±
Em
0
�\
0
/\
\\
\
,
,
,
,
/
Do
6
»
D
\
@Z
m2
f
}o
\
E
E
E
f
[
E
2
0
0
£
7
o
^
2 a
@
E @
m=
/
j
\
\
3
\
> -C %
> 0
=m
07
u
&
D %
®
/
4
G
G
G
/�G
222a
§f
/
/\/
u//
//
-
yU
E
)k
)
( (
±
±
Uo
U
�\
ry
//@
�u
§
'/
@ � O a
ƒ
\��
§
x
#
#
.§/
\
�}
\ro
%
/
ro E
/ o
ro / >
\ /
\
/
/
0 /
/ \
mEz
eo=G
4 @O»
a
a
m._
o
m
\
/
/
/
_D
§k
\%
/%(2
% f
9
a
e
/
uk
/�
0
e
/
<
R 4-
o E
t
E
<IC
0 E@
//
-
k
\
y » U\
3
%
)
0
°f7
�
%
-Y'0
�
E
fD
ƒ
°
ƒ
\ d /
7 §
@
2 Z
/
@
m u =
//
@ ± »
/ \
/
/ c
U
3
cl
0§
O O 2
m (n
{
/
\
/
/
/ 2 \
f
/ / / \
§o
\ /
0
} /
/
/
'
,
o
ro
\ \
E
2
9
@
®
u
\
0
e
0
»
/
-0(
/
c
/
3
@
E
t
u
'>
§
§
'§
%
/
%
±
@
Al/
a/
e
I[
o
g
O
E
�%
®
=
D
e
\
D
2
2
%
0
e
m
E
m
\E
m 2
/
(DU
>
/�^c//
)
41
/
2
>
@
Al�
/
-
_#
]
]
u
'�
%
> E
%
/
/ @
/
g @
\ �
S q
f
E.@
o
o
/
/ 2
/
3
2
/
/ 7
2
o u
u 2
3
3±
@
o
o.@
2 E±
0
2
@•@
p%
7
0°)
E®/
%%
z
°
#
� ±
E
°
E
/ § &
% \
0
I
@
Q
j
2 »
E
\
N
\
/
/
\
(
R \ (
/ \
(D/
E
/
9
r
r
0
k%
/
y 2%
3-
2
/ Z
m
Z
y
%§
o
u
/ /
/
\
0 2
%
%
>
>
)
/
\ :
\
\
\
\
4
%�
\
y
/
/ /
/
E
/
E
/
(D (
\
\ a)
§ /
( § \
ro
\
\ / / \
\ )
)
/ §
\
\
\
0
\
\ \
3RG
±6±3zU
zU
Z
»2
�
ZZ2
0

0
M
nL'
W
J
M
cn
L
V-
73
r❑
V
N
0
z
U
z
N=F
ci
W
4 � N
o � �
cc) €
LO
As
.Zug
6 p pw7
Z N_
4 �
Z
z
a
Q
CO
a
cv m
d
-0
a�
m
a�
rn

:� tau,*, �-•
y�.
�F 1T;,�[Qm r '�• � f1 iir � .wpF./,p �' 4��ty� ,� ��`� '-i �• �
r •" 1 .ti.•• 5 i

Courtyards at Lawyers Road
Attachment B: Photopage
August 12, 2019
CWS Project No. 2018-0452
Photograph 3. View of unsuitable Schweinitz's sunflower and Michaux's sumac habitat, facing north.
Photograph 4. View of unsuitable Carolina heelsplitter habitat, facing upstream.
Photopage 2 of 3

Courtyards at Lawyers Road
Attachment B: Photopage
August 12, 2019
CWS Project No. 2018-0452
Photograph 5. View of unsuitable Carolina heelsplitter habitat, facing downstream.
Photopage 3 of 3

Courtyards at Lawyers Road
Attachments
August 20, 2019
CWS Project No. 2018-0452
ATTACHMENT G:
DMS ILF Acceptance Letter

ROY COOPER
Governor
MICHAEL S. REGAN
secretrvy
TIM BAUMGARTNER
Direcmr
Scott Twiddy
EPCON Communities
11020 David Taylor Drive, Suite 105
Charlotte, NC 28262
Project: Courtyards at Lawyers Road
NORTH CAROLINA
Environmental Quality
August 20, 2019
Expiration of Acceptance: 2/20/2020
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 I impact Location Impact Type Impact Quantity
Yadkin 1 03040105- Goose Creek
Yadkin
03040105
Riparian Buffer 1,636
Warm Stream 166
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Aliisa Harjumiemi, agent
Sincerely, -
Jam s. B Stanfill
Asse anagement Supervisor
11
14OR„ TWR E Q ` �
A
d�
North Carolina Department of Enviromn ental Quality I Division of Mitigation Services
217 W. Jones Strret 11652 Mail Service Center I Raleigh North Carolina 27699-1652
919.707.8976