20200415 Ver 1_401 Application_20200326

Preliminary ORM Data Entry Fields for New Actions D
MAR .2 6 2020
DENT WATER RESOURCES
SAW — 2019 - 2385 BEGIN DATE [Received Date] sP�RrAT1oNPERMrUr NGUNIT
Prepare file folder
Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Philemon Avenue Extension (AKA Herrin Property)
2. Work Type: Private Z Institutional ❑ Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Purpose of the project is to develop the property for multi -family apartments and office buildings.
4. Property Owner / Applicant [PCN Form A3 or A41: Grubb Properties: POC: Eric Applefield
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-2019-02385
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
Southeast of East 36th Street and North Tryon Street Intersection in Mecklenburg County, NC
35.250381 0,-80.804891
8. Project Location -Tax Parcel ID [PCN Form B1a]: 09111229, 09111230, 09111231, 09111232, 09111242, 09111243, 09111209 (partial),
0911103 (partial), and 09111208 (partial)
9. Project Location — County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 62a]: Little Sugar Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050103
Authorization: Section 10 ❑ Section 404 W71 Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 14 & 18
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ 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. David Shaeffer Date: March 17, 2020
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 Nos. 14 and 18
Philemon Avenue Extension
Charlotte, North Carolina
CWS Project No. 2019-0347
Dear Mr. Shaeffer,
The Philemon Avenue Extension project (also known as Herrin Property) is approximately 13 acres in extent
and is located southeast of East 36th Street and North Tryon Street Intersection in Mecklenburg County,
North Carolina (Figures 1 and 2, Attachment A). Grubb Properties 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 Nos. 14 and 18 to the U.S.
Army Corps of Engineers for proposed permanent impacts to jurisdictional waters of the U.S. associated with
developing the property for office buildings and apartments. The proposed project will likely require Section
106 coordination due to the adverse effect to a property listed eligible for national register of historic places.
A copy of the PCN application is being provided to the North Carolina Division of Environmental Quality
(NCDEQ) with a check of $240 for the 401 Water Quality Certification approval fee.
ATTACHMFNTS INCLUDED:
Attachment A - Figures 1-7
Attachment B - Agent Authorization Form
Attachment C - Preliminary Jurisdictional Determination SAW-2019-02385
Attachment D - Property Owner Info
Attachment E - Propose Impacts
Attachment F - Project Alternatives and Preferred Plan
Attachment G - Protected Species Habitat Assessment
Attachment H - ILF Acceptance Letter
Attachment I - SHPO 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,
fit,.P�%
Aliisa Harjuniemi, PWS Christine Geist, PWS, CE
Project Scientist Principal Scientist

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: :[:::�p
Section �404Perrmit�E]Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 14 and 18 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
0 Yes ® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
9 401 Water Quality Certification - Regular CI Non-404 Jurisdictional General Permit
E 401 Water Quality Certification - Express C 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:
D' Yes ®'i No
For the record only for Corps Permit:
El Yes 0 No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
Yes 0! No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑, Yes ®; No
-
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
d, Yes ®! No
2.
Project Information
2a.
Name of project:
Philemon Avenue Extension
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
See Attachment D
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
POC: Mr. Eric Applefield: 704.971.4822
3g.
Fax no.:
3h.
Email address:
POC: Mr. Eric Applefield: [e-mail]
Page 1 of 16
PCN Form - Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
r' Agent Other Grubb Properties
4b. Name:
Mr. Eric Applefield
4c. Business name
(if applicable):
Grubb Properties
4d. Street address:
4601 Park Rd, Ste 450
4e. City, state, zip:
Charlotte, NC 28205
4f. Telephone no.:
704.971.4822
4g. Fax no.:
N/A
4h. Email address:
[e-mail]
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
1a. Property identification no. (tax PIN or parcel ID):
09111229, 09111230; 09111231, 09111232, 09111242,
09111243, 09111103, 09111208, 09111209
1b. Site coordinates (in decimal degrees):
Latitude: 35.250554' Longitude:-80.804306'
1 c. Property size:
13 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Little Sugar Creek
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Catawba (HUC 03050103)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project area consists of undeveloped forested area, paved parking lots, and an Ice Manufacturing Company with multiple
buildings. On -site elevations range from 690-710 feet above mean sea level (Figure 2). Land cover within the project area
consists of deciduous forest, woody wetlands, herbaceous area, herbaceous wetlands, and high intensity development (Figure
3)•
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil
Survey of Mecklenburg County (Figure 4) and the NRCS Published Soil Survey for Mecklenburg County (Figure 5), on -site soils
consist of four different soil types. Of the on -site soils, Monacan loam is listed on the Web Soil Survey as containing hydric
inclusions.
here are four jurisdictional waters of the U.S. located within the property. These waters consist of three jurisdictional stream
channels and one jurisdictional wetland. The on -site jurisdictional features are depicted in Figure 7.
The surrounding land use consists of commercial businesses, single -and multi -family residential areas, and forested areas.
3b. List the total estimated acreage of all existing wetlands on the property:
0.40 ac.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,228 linear feet of
perennial stream, 24 linear feet of intermittent stream
3d. Explain the purpose of the proposed project:
The purpose of this project is to develop the property for multi -family residential housing and office buildings to meet the
growing demand.
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 multi -family residential apartments and office buildings. Under NWP Nos. 18 and
14, unavoidable permanent impacts to jurisdictional waters associated with this project total 0.20 acre of jurisdictional wetland
and are the result of fill associated with a lot and a road. The proposed site plan and impacts are depicted in Attachment E.
W1 and W1— Proposed Fill for Lots and Road
Proposed permanent wetland impacts consist of fill for a lot (S1: 0.07 ac.) and fill for a road (S2: 0.13 ac.), totaling 0.20 acre.
Temporary impacts due to the construction disturbance total 0.06 ac. (S3). Please see Attachment F for more details regard
the preferred site plan (Alternative Alignment 1).
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
the Corps or State been requested or obtained for
property / project including all priorphases) in the
by
this
Yes t � No E Unknown
Comments:
4b. If the Corps made the jurisdictional determination,
what type of determination was made?
r pi Final
LJ Preliminary
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other: CWS
4d. If yes, list the dates of the Corps jurisdictional determinations
Preliminary Jurisdictional Determination (SAW-2019-02385),
or State determinations and attach documentation.
dated February 7, 2020 is included as Attachment C.
5. Project History
5a. Have permits or certifications been requested or
obtained for this project (including all prior phases) in
Yes 1 No Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
Yes No
6b. If yes, explain.
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):
M Wetlands I Streams — tributaries Buffers . Open Waters Q 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
Tempora 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
%
Fill
Hardwood Forest
Yes
404
0:07
W2
Fill
Hardwood Forest
Yes
404
0.13
W3
im
Construction easement
Hardwood Forest
Yes
404
0.06
W4
W5
W6
2g. Total Wetland impacts:
0.26 ac.
2h. Comments:
Proposed impacts to wetlands total 0.20 acre of permanent impacts and 0.06 acre of temporary 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)
3h. Total stream and tributary impacts

31. Comments:
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.
Open water
impact number
Permanent (P) or
Tempora T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose One
Choose
O2
Choose One
Choose
O3
Choose One
Choose
O4
Choose One
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose One
P2
Choose One
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
© Yes © No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
© Neuse ' 1 Tar -Pamlico D Catawba I Randleman 0 Other:
6b.
Buffer Impact
number —
Permanent (P) or
Tempora T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
131
B2
B3
B4
B5
Page 8 of 16
PCN Form — Version 1.4 January 2009

M.-
6i. Comments:
6h. Total Buffer Impacts:
Page 9 of 16
PCN Form — Version 1.4 January 2009

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
o avoid and minimize impacts to jurisdictional waters of the U.S., the 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.
he alternative site plans and methods used to minimize the impacts area discussed in Attachment F. Two project alternatives
ere considered (Alternative Alignments 2 and 3), but they were deemed not practicable (Attachment F). To minimize the
proposed impacts, a retainer wall will be installed along the proposed road. Additionally, a bottomless culvert will be utilized for
he stream crossing.
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 Nos. 14 and 18 and Water Quality
Certificate Nos. 4135 and 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
N 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):
❑ DWQ 0 Corps
Mitigation bank
2c. If yes, which mitigation option will be used for this
63f Payment to in -lieu fee program
project?
El 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:
0
4c. If using stream mitigation, stream temperature: Choose
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
0.20 acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
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 E 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
1a. Does the project include or is it adjacent to protected riparian buffers identified;
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.
0 Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
>24%
2b. Does this project require a Stormwater Management Plan?
? Yes C1'; 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 will be reviewed by city of Charlotte.
2e. Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
70, Phase II
3b. Which of the following locally -implemented stormwater management programs
0 NSW
p USMP
a check all that a
ppI y ( ppIy)DE
Water Supply Watershed
d Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
p Yes [ No
attached?
4. DWQ Stormwater Program Review
If Coastal counties
COI HQW
4a. Which of the following state -implemented stormwater management programs apply
0 ORW
(check all that apply):
i.
CG Session Law 2006-246
-�1
i0; Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
Yes O 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
rIff No
5b. Have all of the 401 Unit submittal requirements been met?
[Ij 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
p'. Yes 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
YesNo
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
Yes No
letter.)
: (O
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 , No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
O Yes 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
p 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.
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 on -site infrastructure.
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
to Yes pi No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes �� No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
€a
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
o determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to
conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and
Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County. In addition,
CWS performed a data review and habitat assessment for this property. The results of the desktop review and habitat
assessment are included in the Protected Species Habitat Assessment Report (Attachment G).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
Yes LZ 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.htm1
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 Q 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?
TCR contacted North Carolina Department of Natural and Cultural Resources (NC SHPO) via email on November 11, 2019
requesting comments for this project. In their response letter, dated December 12, 2019, SHPO states that "Demolition of the
Herrin Brothers Coal and Ice Company (MK2905), a property determined eligible for listing on the National Register of Historic
Places in 2009 and reconfirmed in 2011, will have an adverse effect on the historic property." The SHPO's comments letter is
included as Attachment I.
Section 106 coordination is required for this project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes''. No
8b. If yes, explain how project meets FEMA requirements:
Conditional Letter of Map Revision based on Fill (CLOMR-F) is in progress. It is required by FEMA rules that the CLOMR-F
cannot be submitted until plans for review have been submitted to review agencies.
Page 15 of 16
PCN Form — Version 1.4 January 2009

8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710456500K
/ ��1�f` ,"
3.17.20
Ms. Aliisa Harjuniemi
Applicant/Agent's Signature (Agent's
Date
Applicant/Agent's Printed Name
signature is valid only if an authorization letter
from the applicant is provided.)
Page 16 of 16
PCN Form — Version 1.4 January 2009

Philemon Avenue Extension
Attachments
ATTACHMENT A:
Figures 1-7
March 17, 2020
CWS Project No. 2019-0347

State Location`
en uc Y Virginias �
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S1r;�,i f`tc�rE'�'1te-�r
South Carolina
Georgia
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10
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s
East 36th Street
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a
Charlotte
41
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SIP
I'll' , 4i Project Limits (13 ac.)
13
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2019. d- 5,000 2,500 0 5,000 Feet
SCALE: DATE: FIGURE NO.
1 inch = 5,000 feet 12/13/2019 Vicinity Map
CWS PROJECT NO: DRAWN BY:
2019-0347 ALH Philemon Avenue Extension
COORDINATES: CHECKED BY: C A R O i_ i N A Mecklenburg County
35.250554,-80.804306 CAG WETLAND SERVICES Charlotte, North Carolina
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C D2 Cec I sand clay ham 8 to 15 percent sb , moderate eroded No41.9 � ^-»tea
C B Cecd Urban land complex 2 to 8 percent sbpes No 0.8 CrSld p 1�V �� NNXX C 9r'� Roads °
a� Pk;n I am l to 2 p rt shoe f 1� rCy 9ooded Y s 49 8 I" : 3 �
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REFERENCE: USDA NRCS WEB SOIL SURVEY OF MECKLENBURG COUNTY NC, DATED 2018
SCALE: DATE: USDA-NRCS Web Soil SurveyFIGURE NO.
1 inch = 1,000 feet 12/16/2019
CWS PROJECT NO: DRAWN BY: of
Mecklenburg Count
2019-0347 ALH Philemon Avenue Extension 4
COORDINATES: CHECKED BY: C A R Q L I N A Mecklenburg County
35.250554,-80.804306 CAG WETLAND 5ERVICES Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0347 Herrin Property\Philemon Avenue Extension\JD\ArcGIS\Figure4_CurrentScils.mxd

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Soil Unit Name and Descnption Hydric
CeD2 Cecii sandy clay loam, 8 to 15 percent slopes, moderately eroded No Project Limits (13 ae. )
CuB Cecil -Urban land complex, 2 l0 8 percent slopes No
`i Mo Monacan loam, 0 to 2 percent slopes, frequently Flooded Yes---""'—`--""—
ur urban land No 1,000 500 0 1,000 Feet
REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF MECKLENBURG COUNTY, NC SHEET 4 AND i. DATED 193t1�
SCALE: DATE: FIGURE NO.
1 inch = 1,000 feet 12/11/2019 USDA-NRCS Published Soil Survey
CWS PROJECT NO: DRAWN BY: ofsMecklenburgCount
COORDINATES:
2019-0347 CHECKED BY: ALH Philemon Avenue Extension 5
C A R O L I N A Mecklenburg County
35.250554,-80.804306 CAG WETLAND SERVICES Charlotte, North Carolina
G:\Shared drives\Consulting Team Ddve\2019\2019 Consulting Projects\2019-0347 Herrin Property\Philemon Avenue Extension\JD\ArcGIS\Figure5_HistoricSoils.mxd

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REFERENCE: NATIONAL WETLAND INVENTORY DATA PROVIDED BY UNITED
STATES FISH AND 1,000 500 0
1,000 Feet
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2019.
(A
BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIs DEPARTMENT, DATED 2019.
r
SCALE:
1 inch = 1,000 feet
DATE:
12/13/2019
C A R O L I A
National Wetland Inventory
FIGURE NO.
6
CWS PROJECT NO:
2019-0347
DRAWN BY:
ALH
Philemon Avenue Extension
Mecklenburg County,
COORDINATES:
CHECKED BY:
35.250554,-80.804306
CAG
WETLAND SERVICES
Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive\2019\2019 Consuting Projects\2019-0347 Herrin Property\Philemon Avenue Extension\JD\ArcGIS\Figure6_NWl.mxd

O �
Intermittent Stream C
24 1f
lk SCP1 -„
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' 1 inch = 20 feet 1 inch = 20 feet
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acre
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Legend
Project Limits (13 ac.)
f
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. SCP Stream Classification Point
F� Indicates Flow
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG� l3 N Photo Location and Direction
COUNTY GIS DEPARTMENT, DATED 2019.
0
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS yaa 300 150 0 300 Feet
UNIT BY CWS, INC., ON OCTOBER 29 AND DECEMBER 12, 2019. JURISDICTIONAL
FEATURES HAVE NOT BEEN VERIFIED BY THE USACE.
SCALE: DATE: FIGURE NO.
1 inch = 300 feet 12/13/2019 Jurisdictional Boundaries
CWS PROJECT NO: DRAWN BY:
2019-0347 MLS Philemon Avenue Extension 7
COORDINATES: CHECKED BY: G A R O I_ I N A Mecklenburg County
35.250554,-80.804306 CAG WETLAND SERVICES Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\201M347 Herrin PropeVPhilemon Avenue Extension\JDWrcGIS\Figure7_JD.mxd

Philemon Avenue Extension
Attachments
ATTACHMENT B:
Agent Authorization- Form
March 17, 2020
CWS Project No. 2019-0347

AGENT CERTIFICATION OF AUTHORIZATION
I, Eric Applefield, representing Grubb Properties, hereby certify that I have authorized Aliisa
Harjuniemi 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.
Grubb Properties
09111229, 09111230, POG: Eric Applefield 4601 Park Rd, Ste 450
09111231, 09111232, Phone: [phone]
09111242, and 09111243 Email: Charlotte, NC 28Z05
[e-mail]
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
Authorized signature
Agent's signature
11.11.19
Date / �C ( Date
Completion of this form will allow the agent to sign
all future application correspondence.

Philemon Avenue Extension
Attachments
March 17, 2020
CWS Project No. 2019-0347
ATTACHMENT C-
Preliminary Jurisdictional Determination
/e%A1A/ n^Ar% ^nnnrC%

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02385 County: Mecklenburg U.S.G.S. Quad: NC- Derita
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Herrin Brothers Coal & Ice, Co.
Eric Applefield
Address:
315 East 36th Street
Charlotte, NC 28206
Telephone Number:
704-236-6879
E-mail:
eapplefield(ir 2rubbproyerties.com
Size (acres)
10 Nearest Town Charlotte
Nearest Waterway
Little Sugar Creek River Basin Santee
USGS HUC
03050103 Coordinates Latitude: 35.2503
Longitude:-80.8048
Location description: The review area is located on the northeast corner of the intersection of East 36th Street and Southern
Raihvay. PINS: 09111229. 09111230. 09111231. 09111232, 09111242, 09111243, 09111209 (partial), 09111103 (partial), and
09111208 (partial).
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 1/29/2020. 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-2019-02385
❑ 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 David L. Shaeffer at 704-510-1437 or
david.l.shaeffer(ii�usace.army. mil.
C. Basis For Determination: Basis For Determination: See the Preliminary iurisdictional determination
form dated 2/7/2020.
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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit air RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
pp / SHAEFFER.DAVIDIEIGHJ 260750573
,/ Date: 2020.02.0708:52:39-05'00'
Corps Regulatory Official: 3
Date of JD: 2/7/2020 Expiration Date of JD: Not applicable

SAW-2019-02385
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.army.mil/cm_apex/Pp=l -'16:4:0
Copy furnished:
Agent:
MS. Inc.
Ahisa Hariuniemi
Address:
550 E. Westinghouse Blvd
Charlotte, NC 28273
Telephone Number:
980-259-1222
E-mail:
aliisaQ)cws-inc.net

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL'
Applicant: Herrin Brothers Coal & Ice, Co., Eric
File Nnmber: SAW-2019-02385
Date: 2/7/2020
Applefield
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be Found ator littE./wv,N\.usace.arniN,.riiii!Missiotis/C_ivilWorks/Rey.a[a�Pro(-,camandPerntits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terns 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 1I 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.
.3' r s d> s
�+G1'� I T'OI "PA ar bB tTIONS I`C} AN llI IAL ;'iFI+R�) PER11T'
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.
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. Phillip Shannin, Administrative Appeal Review Officer
Attn: David L. Shaeffer
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM 15
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 investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 2/7/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Herrin Brothers Coal & Ice, Co., Eric Applefield,
315 East 36th Street, Charlotte, NC 28206
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Herrin Property, SAW-2019-02385
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the northeast
corner of the intersection of East 36th Street and Southern Railway. PINS: 09111229, 09111230, 09111231, 09111232,
09111242, 0911 1243, 09111209 (partial), 09111103 (partial), and 09111208 (partial).
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2503 Longitude:-80.8048
Universal Transverse Mercator:
Name of nearest waterbody: Little Sugar Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 1/28/2020 by the Corps
TABLE OFAQUATIC RESOURCES INREVIEWAREA 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
"maybe"
Site Number
review area (acreage
resource
degrees)
degrees)
andiinearfeet, if
. wetland vsnon-
subject (i.e., Section 404
applicable
wetland waters)
or Section 10/404)
Wetland
35.250727
-80.803973
0.40 ac.
Wetland waters
Section 404
BB
Stream B
35.250945
-80.805118
953 If
Non -wetland
Section 404
waters
Stream C
35.250872
-80.804391
24 If
Non -wetland
Section 404
waters
Stream D
35.2511
-80.8025
275 If
Non -wetland
Section 404
waters

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should,be included in subject
file. Appropriately reference sources below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 7 dated 1/29/2020
® 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: Nationalmap.gov
® USGS NHD data.
® USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey. Citation: ESRI Soils Mapservice
® National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ❑Aerial (Name & Date):
or ®Other. (Name & Date): Site Photos 1-6 dated 11/11/2019
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by
SHAIIIIR.DAVID.1EI6H.1
260750573
Date: `2020.02.07 08:53:22
t"-05'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
2/7/2020 (REQUIRED, unless obtaining the signature is
impracticable) t
I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time trance, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

73� N
G-
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cat
0
20 77'-
Intermittent Stream C
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Perennial Stream B !,
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Legend
Project Limits (13 ac.)
0
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\ Wetland
Roads
Tax Parcels
GDP Data Point
• sCP Stream Classification Point
Indicates Flow
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG \ N Photo Location and Direction
COUNTY GIS DEPARTMENT, DATED 2019.
NTHE RI),WATERS DELINEATED IFEDCLASSFIDAND MAPPED USING A SUB -FOOT CAPABLE GPS yad�\�P 300 150 0 300 Feet
UNIT BY CWS, INC., ON OCTOBER 29 AND DECEMBER 12, 2019. JURISDICTIONAL
FEATURES WERE FIELD VERIFIED BY THE USACE ON JANUARY 28, 2020.
SCALE: DATE: FIGURE NO.
1 inch = 300 feet 1/29/2020 Jurisdictional Boundaries
CWS PROJECT NO: DRAWN BY:
2019-0347 CHECKED BY: MLS Philemon Avenue Extension 7
COORDINATES: C A R O L I N A Mecklenburg County
35.250554,-80.804306 CAG WETLAND SERVICES Charlotte, North Carolina
G:\Shared drives\Consulting Team Dr1ve\2019\2019 Consulting Projects\2019-0347 Herrin PropeVPhilemon Avenue Extension\JDVArcGIS\Figure7_JD (Updated after site visit).mxd

'Philemon Avenue Extension
Attachments
ATTACHMENT D
Property Owner Info
March 17, 2020
CWS.Project No. 2019-0347

FEMA and Community Floodplain
FEMA Panel#
3710456500K
Situs Addresses Tied to Parcel
321 E 36TH ST CHARLOTTE
MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID GIS ID
09111232 109111232
Property Characteristics
Legal desc
NA
Land Area
0.51 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NC CORP
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer lNo Post Construction District
Jurisdiction Charlotte
District Central Catawba
10/31 /2019
Ownership
Owner Name
Mailing Address
HERRIN BROTHERS COAL &
ICE CO
315 E 36TH ST
CHARLOTTE NC 28206
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
22487-492
07/05/2007
22487-487
07/05/2007
02520-093
01/01/1975
$0.00
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Stream Watershed Districts
Stream Watershed Name UPPER LITTLE SUGAR

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed:
Identity
Parcel ID I GIS ID
09111243 109111243
Property Characteristics
Legal desc
NA
Land Area
0.49 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
INDIVIDUAL
Municipality
ICHARLOTTE
Property Use
I INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I Yes
FEMA and Community Floodplain
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
VERIFY
Situs Addresses Tied to Parcel
E 36TH ST CHARLOTTE
10131 /2019
Ownership
Owner Name
Mailing Address
HERRIN BROTHERS COAL &
ICE CO INC
PO BOX 5291
CHARLOTTE NC 28299
C/O MERL LEE HERRIN
PO BOX 5291
CHARLOTTE NC 28299
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
29652-829
12/23/2014
$0.00
26604-991
07/14/2011
$0.00
2520-093
01/07/1975
$0.00
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Post Construction District
Jurisdiction Charlotte
District Central Catawba
Stream Watershed Districts
Stream Watershed Name UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY,
Date Printed
Identity
Parcel ID I GIS ID
09111231 109111231
,Property Characteristics
Legal desc
NA
Land Area
1.1 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NC CORP
Municipality
ICHARLOTTE
Property Use
I INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I Yes
FEMA and Community Floodplain
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
I VERIFY
Situs Addresses Tied to Parcel
E 36TH ST CHARLOTTE
10/31 /2019
Ownership
Owner Name
Mailing Address
HERRIN BROTHERS COAL &
ICE CO
315 E 36TH ST
CHARLOTTE NC 28206
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
22487-492
07/05/2007
22487-487
07/05/2007
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Post Construction District
Jurisdiction Charlotte
District Central Catawba
Stream Watershed Districts
Stream Watershed Name I UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID GIS ID
09111242 109111242
Property Characteristics
Legal desc
NA
Land Area
0.917 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NC CORP
Municipality
CHARLOTTE
Property Use
IINDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
10/31 /2019
Ownership
Owner Name
Mailing Address
HERRIN BROTHERS COAL &
ICE CO
315 E 36TH ST
CHARLOTTE NC 28206
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
22487-492
07/05/2007
22487-487
07/05/2007
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Water Quality Buffer Post Construction District
Parcel Inside Water Quality Buffer I Yes Jurisdiction Charlotte
FEMA and Community Floodplam District Central Catawba
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
IVERIFY
Situs Addresses Tied to Parcel
E 36TH ST CHARLOTTE
Stream Watershed Districts
Stream Watershed Name UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID I GIS ID
09111230 109111230
Property Characteristics
Legal desc
NA
Land Area
0.67 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NC CORP
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I Yes Post Construction District
FEMA and Community Floodplain Jurisdiction Charlotte
District Central Catawba
10/31 /2019
Ownership
Owner Name
Mailing Address
HERRIN BROTHERS COAL &
ICE CO
315 E 36TH ST
CHARLOTTE NC 28206
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
22487-492
07/05/2007
22487-487
07/05/2007
01401-096
01/01/1975
$0.00
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
VERIFY
Situs Addresses Tied to Parcel
319 E 36TH ST CHARLOTTE
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Stream Watershed Districts
Stream Watershed Name I UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID GIS ID
09111229 109111229
Property Characteristics
Legal desc
NA
Land Area
6.79 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NC CORP
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map. Post Construction District
Water Quality Buffer Jurisdiction Charlotte
Parcel Inside Water Quality Buffer I Yes District Central Catawba
10/31 /2019
Ownership
Owner Name
Mailing Address
HERRIN BROTHERS COAL &
ICE CO
PO BOX 5291
CHARLOTTE NC 28225
Deed Reference(s) and Sale Price
Deed
I Sale Date
= Sale Price
02210-026
01/01/1975
1$0.00
FEMA and Community Floodplain
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
VERIFY
Situs Addresses Tied to Parcel
315 E 36TH ST CHARLOTTE
315 E 36TH ST CHARLOTTE
315 E 36TH ST CHARLOTTE
315 E 36TH ST CHARLOTTE
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Stream Watershed Districts
Stream Watershed Name I UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page .1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID I GIS ID
09111209 109111209
Property Characteristics
Legal desc
NA
Land Area
3.333 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NC CORP
Municipality
ICHARLOTTE
Property Use
I INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I Yes
FEMA and Community Floodplain
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
VERIFY
Situs Addresses Tied to Parcel
3600 PHILEMON AV CHARLOTTE
Ownership
Owner Name
Mailing Address
OI-F NODA 1 LLC
615 SOUTH COLLEGE ST
STE 900 .
CHARLOTTE NC 28202
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
33300-919
02/22/2019
33300-914
02/22/2019
$3,500,000.00
29761-698
02/20/2015
$500,000.00
05026-128
05/29/1985
$0.00
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Post Construction District
Jurisdiction Charlotte
District I Central Catawba
Stream Watershed Districts
Stream Watershed Name I UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND'GIS SUMMARY
Date Printed
Identity
Parcel ID GIS ID
09111103 109111103
Property Characteristics
Legal desc
L1 M64-287
Land Area
15.314 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NC CORP
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I Yes
FEMA and Community Floodplain
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
VERIFY
01 /29/2020
Ownership
Owner Name
Mailing Address
OI-F NODA 1 LLC
615 SOUTH COLLEGE ST
STE 900
CHARLOTTE NC 28202
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
33300-909
02/22/2019
33300-900
02/22/2019
$12,100,000.00
31770-527
05/02/2017
31770-515
05/02/2017
29867-957
04/02/2015
11024-288
01/11/2000
$130,000.00
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Post Construction District
Jurisdiction Charlotte
District I Central Catawba
Situs Addresses Tied to Parcel I Stream Watershed Districts
220 E CRAIGHEAD RD CHARLOTTE Stream Watershed Name I UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID I GIS K
09111208 09111208
Property Characteristics
Legal desc
PT1-4 7,8,10 B1 M4-123
Land Area
9.23 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NON -NC CORP
Municipality
CHARLOTTE
Property Use I
MULTI FAMILY
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I Yes
FEMA and Community Floodplain
FEMA Panel#
3710456500K
FEMA Panel Date
02/19/2014
FEMA Flood Zone
IN:VIEW FEMA FLOODPLAIN TO VERIFY
Community Flood
Zone
IN:VIEW COMMUNITY FLOODPLAIN TO
VERIFY
Situs Addresses Tied to Parcel
01 /29/2020
Ownership
Owner Name
Mailing Address
PHILEMON NODA
PARTNERS LLC
530 W FIFTH AVE
KNOXVILLE TN 37917
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
32788-232
06/27/2018
32788-226
06/27/2018
28918-403
12/27/2013
$0.00
28918-398
12/27/2013
$1,240,000.00
25704-710
06/21/2010
$3,125,000.00
22607-485
07/31 /2007
02562-531
08/01/1963
$0.00
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
53.01
Post Construction District
Jurisdiction Charlotte
District I Central Catawba
Stream Watershed Districts
Stream Watershed Name UPPER LITTLE SUGAR
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

Philemon Avenue Extension
Attachments
ATTACHMENT E:
Proposed Impacts
March 17, 2020
CWS Project No. 2019-0347

DEVELOPMENT SUMMARY:
_ -
OFFICE: ±27,0 SF 0P r®p o S Y d Impacts
RETAIL: 27,000 SF
MULTI -FAMILY: 1520 UNITS (BLDG A * B)
PARKING DECK: ±600 SPACES (BLDG A.B)
UNSUITABLE DEVELOPMENT AREA: 198,240 SF �\
\ i
\ \
I \ \ 5
/
ND: /
�o
EXPECTjiIS "BUILD -TOO' LINE
APPROVED R.O.W. AREA
UNSUITABLE FOR DEVELOPMENT
FLOODWAY ENCROACHMENT LINE /
COMMUNITY ENCROACHMENT LINE •
E...-N. WETLAND
Bottomless culvert at stream \� `
i(
crossing
No impact
— _
,115 CONSTRUCTION E.,o­... —� / _ y
1�FLOOD AVOID WITHIN*� � �liMM
- -
__
_ a• i <,,�,- - _ � :=- ice'" _ Firr- - _ . y.-"-."-�-.'. .=I:-�«-a._{l"i."....:-. .,. , .... )h i,/ff, � ,i S- 0.06 acre temporary ryim act
construction
yy,,
��,\ ..,,� v. \ � /a• /i� is
disturbance
r \\
�'- � ram'/ _ � - - i, \ \\ ` l �1 / \\j•� /\ _
r
>r _
\
/
- , \
4 ,
52 NWP0.13 acre permanent impact
_ -�- (fill for lot)
EXISTING p ,
RESIDENTAL ``. �e BUILDING
FLOOR
PLATE
//y- / '' P L0 RESIDENTIAL
60, 75 F O
\\GHy�ilfises.S105F
AMENITY
u
S1 -NWP18 I �� o
AMENITY ,..... — - 0.07 acre permanent Y'�
`� -- impact;R_.
-
PROPOSED OFFICE
\ FLOOR PLATE .-
\ GROUND FLOOR- , PROPOSED GARAGE=w _ - '�--
\ RETAIL / / FLOOR PLATE `
1 ±27,000 SF I I/ 331,050 SFy-
sTN
STATION
HERRIN PROPERTY - CHARLOTTE, NC - ALTERNATIVE ALIGNMENT ALT. 1 (PREFERRED)
1019344 1 02.19.2019 1 GRUBB PROPERTIES
proz, Iota

LandDesign.
CREATING PLACES
THAT MATTER.
06 March 2020
Mr. Applefield, and whom it may concern,
Please see the attached narratives concerning the Philemon Road connection. The following narratives offer
our Engineers professional opinion on the critical nature of the connection for the area, and its significance
in alignment for roadway implementation and site development feasibility. Please feel free to contact our
office for any questions or comments you may have regarding the following information.
Regards,
Adam Martin, PLA
Senior Associate
Justification for Roadway Construction / Alignment
The Philemon Avenue roadway is required to [1] provide the necessary connectivity of local planning
ordinances (subdivision) as well as [2] fulfill the expectations for connectivity by local planning and
transportation departments. (refer to figure A). In fact, the City of Charlotte transportation department has
previously studied this connection as part of the North Eastern Corridor Infrastructure Program (NECI),
but without private funding has been unable to complete the construction. [3] Increased connectivity is
greatly needed in this area due to the closing of an adjacent road (Craighead Road) which the
completion of Philemon Avenue will help to reconnect. [4] In addition this connection will also supplement
to provide critical connectivity for cyclists and other non -vehicular users.
[5] There are also reasons relative to developability to the densification of land in this area to consider.
To elaborate, in March 2018 a significant light rail infrastructure project known as the Blue Line Extension
was completed by Charlotte Area Transit Services (CATS) in order to increase connectivity of Charlotte's
urban core (Uptown). Federal, State, and local funds were utilized to complete the project which is
directly adjacent to the site with a significant station area (36th Street Station). With this context in the
background, the Charlotte City Council approved a significant rezoning effort for this site to be
redistricted to Transit Oriented Development (TOD) with a form based code of Unified Development
Ordinances (UDO). This new TOD designation sets a density prerequisites for the site in order to meet
the form based requirements of the UDO to reduce urban sprawl, and meet the demands of the
urbanizing area. In summary the site would not be able to develop to the expectation of the UDO
densities effectively without the Philemon Avenue connection.
LANDDESIGN.COM
223 N. GRAHAM STREET - CHARLOTTE, NC 28202 • 704.333.0325
CHARLOTTE • WASHINGTON D.C. DALLAS , ORLANDO • SAN FRANCISCO • BOULDER

[6] In an effort to reduce the impacts as much as possible the client and engineering team worked closely
with the local department of transportation to reduce the overall connection impacts. The result of the
effort was an overall reduction from 80' ROW to 73' ROW along with the inclusion of significant walls to
minimize floodplain and wetland impact. Unfortunately there is no version of this connection as approved
in the station area plan that would not impact the wetlands as they cross a significant portion of the site.
As one can see Local government, private development, and the community support and depend on this
connection. Not having the connection would greatly limit the potential development and connectivity of
the area that is under immense development pressure, and hold these private property hostage as
undevelopable.
JKfP Proposed
Station and Corridor
on= Existing Transit Access Streets
L
.
WII
51
AP-N-11-
Proposed
Proposed Greenway
Existing PublicF
k
9
. � Na
"t
'Il♦�✓ 3•
iYI ixe + �
i
61.
Emt� ¢.
Figure A: Approved Station Area Plan Map demonstrating Philemon Ave. connection proposed/expected
by City of Charlotte and closure of Craighead Rd.
Design Alternatives for Roadway Construction / Alignment
LANDDESIGN.COM
223 N. GRAHAM STREET • CHARLOTTE, NC 28202 • 704.333,0325
CHARLOTTE • WASHINGTON D.C. DALLAS • ORLANDO • SAN FRANCISCO • BOULDER

The owner/applicant has also undergone significant due diligence on the property to explore alternatives
that avoid impact to the wetlands. The narrative of this exercise follows.
Overview
The following narrative describe previous studies of the subject properties (±9.50 acres total) that is
the location for a wetland feature. 3 alternatives are presented in this narrative, one of which
being the preferred alternative that allows for development to supports the funding of the
construction of Philemon Road Extension (public road), while also maximizing land use. The
other two are alternatives are previous studies which do not accommodate the overall
parameters for ordinance connectivity, driver and pedestrian safety, and also make the site less
developable.,
As mentioned, the preferred alternative is based on the logic that maximizes the site for
development and thereby reducing undevelopable land in a dense area of the city. The other
studies were measured against the preferred alternative and for the purposes of this study
generally attempt to keep with the overall program type and building uses for future
development.
1. PLAN ALTERNATE 1 (PREFERRED)
General Description:
Alignment of Philemon Road Extension with direct connection to Cullman Ave. holds tight to creek
line compromises wetland features on -site.
Results:
By providing this alignment that accommodates a connection to Cullman Ave the wetland feature on
site are removed to provide three development pads" for development as generally depicted in the
attached exhibit. Based on the shape of the remaining pads and applicant/owners anticipated
program the site can accommodate a Midrise Office Building with adjacent parking structure,
Multifamily Building wrapping parking deck, and a Stand along Multifamily building. The adjacent site
which the current owner/applicant is not in control of is impacted minimally by this alignment. This
version optimizes the site by reducing undevelopable area and providing necessary safe connectivity
for the area. It should also be noted that a significant wall and bottomless culvert are being utilized to
reduce wetland and flood plain impacts as much as possible.
Please refer to exhibit titled — Preferred Alternative for more detailed information
Development Summary:
Multifamily
Office
Parking (Structured)
Parking (Surface)
Unsuitable/undevelopable Area
2. PLAN ALTERNATE 2
= 520 DU (2 buildings)
= 135,000 SF
= 600 SP
= n/a
= 2.26 Acres (±23% undevelopable)
General Description:
Alignment of Philemon Road Extension with direct connection to Cullman Ave. meandering through
site to allow for the wetland features on -site to be avoided.
Results:
By providing this alignment that accommodates a connection to Cullman Ave, while also avoiding
the wetland feature, two development 'pads" remain for development as generally depicted in the
attached exhibit. Based on the shape of the remaining pads and the requirements of the ordinance,
and constructability for the anticipated program, the remaining sites requires that the office building
in the preferred alternative be deleted and a significant portion of MF development be removed,
there by reducing the overall potential density of the site. It should also be noted that total
infrastructure cost has increased based on linear footage of required road, and it further
compromises the adjacent site which the current owner/applicant is not in control of.
LANDDESIGN.COM
223 N. GRAHAM STREET • CHARLOTTE„ NC 28202 704.333.0325
CHARLOTTE • WASHINGTON D.C. DALLAS • ORLANDO • SAN ,FRANCISCO • BOULDER

Please refer to exhibit titled — Alternative Alignment 1. for more detailed information
Development Summary:
Multifamily
Office
Parking (Structured)
Parking (Surface)
Unsuitable/Undevelopable Area
3. PLAN ALTERNATE 3
= 312 DU (3 buildings)
= n/a
= 512 SP
= 75 SP
= 4.09 Acres (43% undevelopable)
General Description:
Alignment of Philemon Road Extension with NO connection to Cullman Ave. aligned to South West
Portion of the site closer to the adjacent rail line to allows for the wetland features on -site to be
avoided.
Results:
By shifting the alignment toward the adjacent rail line, while also avoiding the wetland, the
connection to Cullman Ave is lost. As a result one development "pad" remain for development as
generally depicted in the attached exhibit. The alignment in this alternative creates significant site
visibility conflicts with the adjacent Rail Bridge (pictured on the attached exhibit). The disconnect in
connectivity will be a challenge to the area. Based on the shape of the remaining pads and the
anticipated program the remaining site area requires that a significant portion of MF development be
removed, there by reducing the overall potential density of the site. There is *generally no change on
linear footage of required road, however it greatly compromises the adjacent site which the current
owner/applicant is not in control of.
Please refer to exhibit titled — Alternative Alignment 2. for more detailed information
Development Summary:
Multifamily
Office
Parking (Structured)
Parking (Surface)
Unsuitable/Undevelopable Area
= 270 DU (1 building)
= 135,000 SF
= 525 SP
= n/a
= 4.37Acres (46% undevelopable)
APPENDIX/ATTACHMENTS
PREFERRED PLAN
ALTERNATIVE PLAN 1
ALTERNATIVE PLAN 2
CITY OF CHARLOTTE: 36TH STREET STATION AREA PLAN
BOTTOMLESS CULVERT CUT SHEET
OTHER REFERENCES
CITY OF CHARLOTTE: TOD / LIDO WEBSITES
htti)s:Hcharlotteudo.org/
http://ww.charmeck.org/Plan ning/Rezoning/2018/153-169/2018-
169 %20Approved %20Tra ns it%200riented%20 Development%20 Reg u I atio ns. pdf
https://charlotteudo.org/transit-oriented-development/
LAN.DDESIGN.COM
223 N. GRAHAM STREET • CHARLOTTE, NC 28202 • 704.333.0325
CHARLOTTE • WASHINGTON D.C. DALLAS • ORLANDO • SAN FRANCISCO - BOULDER

OFFICE: 2135,000 SF
RETAIL: 1276000 SF
MULTI -FAMILY: 2 520 UNITS (BLDG A B)
PARKING DECK: 3600 SPACES (BLDG A t8i
UNSUITABLE DEVELOPMENT AREA: 298,240 SF ^ /
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DEVELOPMENT SUMMARY:
MULTLFAMILY:
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PARKING DECK:
1525 SPACES
SURFACE PARKING:
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UNSUITABLE DEVELOPMENT AREA:
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HERRIN PROPERTY • CHARLOTTE, NC - ALTERNATIVE ALIGNMENT ALT. 2
1019344 1 02.19.2019 1 GRUBB PROPERTIES
9 i &

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MULTIFAMILY: 227D UNITS
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HERRIN PROPERTY • CHARLOTTE, NC • ALTERNATIVE ALIGNMENT ALT. 3
1019344 1 02.19,2019 1 GRUBB PROPERTIES

OR APPROVED EQUAL
APPROX AREA 524.7 SQ. FT.
PLATEMAKEUP:3@7S,3@6S, 1 @5S
TOTAL= 44 S
NOTES:
1) MEASUREMENTS ARE TO THE INSIDE CRESTS OF THE CORRUGATIONS.
2) DIMENSIONS ARE SUBJECT TO MANUFACTURING TOLERANCES.
3) CIRCUMFERENTIAL PLATE LENGTHS ARE IN TERMS OF S = 16 INCHES.
BRIDGECOR 42'-7" X 15'-6" 2-RADIUS ARCH SHAPE
N.T.S.
CNTECH®
1163-010-BC-PRO-A
�NTECH' BRIDGECOR 42'-7" X 15'-6" 2-RADIUS ARCH - 551163-010
ENGINEERED SOLIAfONS LLC
www.ContechES.com
9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069
800-336-1122 513-645-7000 513-645-7993 FAX I DATE:10/13/16 I SCALE: AS SHOWN I PROJECT No.: 551163 I SEQ. No.: 010 I DRAWN: FCS I CHECKED: MJO

Concept Plan
Land Use & Key
Community Design
Photos shown are
examples of the
Concep tMap 's
recommended pattern
of development and
preservation for the
36th Street Station
plan area.
Map 9: CONCEPT MAP ■ Urban Station
' o 375 OHS I.- S
Prepared by the Charlotte -Mecklenburg Planning Department. Feet Date: February28, 2013
36th Street Development Concept
Map 9: Concept Map, illustrates the recommended development pattern for the plan area. As
illustrated, the heart of NoDa, within easy walking distance of the transit station, is expected
to have opportunities for more intense, mixed -use development while protecting and enhanc-
ing the historic character of mill and village style development in the area. This development
pattern will be supported by infrastructure improvements to enhance accessibility and safety for
pedestrians, cyclists, motorists and transit users. Some proposed enhancements include future
extension of the Little Sugar Creek Greenway which includes a community node at Cullman
Avenue, and the development of a multi -use trail that traverses the abandoned AC&W rail line.
Transit Oriented
Mixed Use
$hue Line Extension Transit Station rqrea Plan
Neighborhood
Preservation
IN Employment
CONCEPT PLAN Charlotte -Mecklenburg Planning Department
May 13, 2013

Philemon Avenue Extension
Attachments
ATTACHMENT G:
March 17, 2020
CWS Project No. 2019-0347
Protected Species Habitat Assessment

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
December 17, 2019
Mr. Eric Applefield
Grubb Properties
4601 Park Rd, Ste 450
Charlotte, NC 28205
Subject: Protected Species Habitat Assessment Report
Philemon Avenue Extension
Charlotte, North Carolina
CWS Project No. 2019-0347
Dear Mr. Applefield,
Grubb Properties has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected
species habitat assessment for the Philemon Avenue Extension. The Philemon Avenue
Extension (Mecklenburg County Tax Parcel Nos. 09111229, 09111230, 09111231, 09111232,
09111242, 09111243, 09111103, 09111208, 09111209) is approximately 13 acres in extent and
is located southeast of East 36th Street and North Tryon Street Intersection in Mecklenburg
County, North Carolina (Figure 1).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Mecklenburg County'. In addition,
CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP)
Data Explorerz on October 31 and December 11, 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
NCNHP4 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
United States Fish and Wildlife Service, Raleigh Field Office. Accessed December 11, 2019. Endangered and Threatened
Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/meeklenburg.html
2 North Carolina Natural Heritage Data Explorer. Accessed December 11, 2019. https://ncnhde.natureserve.org/.
a U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. http:/Avww.fws.gov/nces/es/plant_survey.html. Accessed December 11, 2019.
° Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.htmi
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 8

Philemon Avenue Extension
Protected Species Assessment Report
December 17, 2019
CWS Project No. 2019-0347
Mecklenburg County5 and aerial imagery were also reviewed for potential habitat communities
of listed species within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Megan Shelton, WPIT6, Project Scientist, and Amie Hoy, Staff Scientist III,
conducted a pedestrian habitat assessment of the project area on October 29 and December
12, 2019. Potential habitats for potentially occurring federally -protected species that were
identified during the desktop review were assessed in the field for the quality of physical and/or
biological features essential to the conservation of the applicable species. Additionally, during
the pedestrian habitat assessment, areas were reviewed for applicable federally protected
species. However, formal surveys were not conducted for the occurrence of protected species.
Identification references for natural communities include the National Land Cover Database
(2011)7.
Results
Based on the NCNHP data explorer review, there are no current occurrences within the project
limits or within a one -mile radius of the project limits (Attachment A). The USFWS lists seven
federally protected species for Mecklenburg 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
Philemon Avenue Extension, Mecklenburg County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
Schweinitz's
E
Current
schweinitzii
sunflower
Plant
Echinacea
Smooth coneflower
E
Current
laevigata
Plant
Rhus michauxii
Michaux's sumac
E
Current
Animal
Lasmigona
Carolina heelsplitter
E
Current
decorata
Animal
Bombus affinis
Rusty -patched
E
Historic
bumble bee
Animal
Myotis
Northern -long-eared
T
Current
septentrionalis
bat
Animal
Haliaeetus
Bald eagle
BGPA
Current
leucocephalus
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Five terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, woody wetlands, herbaceous area,
herbaceous wetland and high intensity development (Figure 3). Of the identified on -site
5 United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/28/19 and
12/11/19
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program
MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcdl l_leg.php
Page 2 of 8

Philemon Avenue Extension
Protected Species Assessment Report
December 17, 2019
CWS Project No. 2019-0347
community types, the forested and herbaceous areas are considered potential habitat for
federally threatened or endangered species that could potentially occur within the project limits.
A brief description of each species habitat requirements and determination of effect findings are
listed below by species.
Schweinitz's sunflower (Helianthus schweinitzii)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.8 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species on -site, or within a one -mile radius of the project limits. A desktop review of the
site was conducted on October 28 and December 11, 2019, and determined that the site
does contain Cecil soil series associated with Schweinitz's sunflower. However, these
areas are forested or intensively maintained herbaceous areas, which are not conducive
for Schweinitz's sunflower (Photographs 1-4). No individuals of Schweintz's sunflower or
other Helianthus species were observed during the field assessments on October 29 and
December 12, 2019. In addition, supportive habitat was not present, which leads CWS
to conclude that this project will have no effect on the Schweinitz's sunflower.
Smooth coneflower (Echinacea laevigatal
Habitat Description:
Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant
sunlight where competition in the herbaceous layer is minimal. It has been federally
listed as Endangered under the ESA since 1992.9 Typical habitat for this plant includes
meadows, open woodlands, the ecotonal regions between meadows and woodlands,
cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights -of -way. In
North Carolina, the species normally grows in magnesium- and calcium- rich soils
associated with gabbro and diabase parent material, and typically occurs in Iredell,
Misenheimer, and Picture soil series. It grows best where there is abundant sunlight,
little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire
regime, well-timed mowing, careful clearing) that prevents encroachment of
e 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/does/federal_register/frl852.pdf.
s United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth
Coneflower) Determined to be Endangered. http://ecos.fws.gov/does/federal_registerKr2l40.pdf.
Page 3 of 8

Philemon Avenue Extension December 17, 2019
Protected Species Assessment Report CWS Project No. 2019-0347
shade -producing woody shrubs and trees. On sites where woody succession is held in
check, it is characterized by a number of species with prairie affinities.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project (Attachment A).
The majority of the project limits are forested, which does not provide the abundant
sunlight the smooth coneflower requires. The open areas within the project limits are
highly maintained grass areas, which do not provide habitat for the smooth coneflower.
In addition, Iredell, Misenheimer, and Picture soil series commonly associated with the
smooth coneflower are not found within the project limits.10 Due to the lack of habitat
and known occurrences, CWS concludes that this project will have no effect on the
smooth coneflower.
Michaux's sumac (Rhus michauxn
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." It is
found on the coastal plains of Virginia to Florida, with most populations occurring in
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).
Disturbed open areas conducive to early -succession species are not present in the
project area. The on -site soils consist of the Cecil soil series, which are too acidic for
Michaux's sumac. Additionally, there are no current records of this species within
Mecklenburg County12. Due to the lack of habitat and known occurrences, CWS
concludes that this project will have no effect on 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 South Carolina. In North
Carolina, the species is now known only from a handful of streams in the Pee Dee and
Catawba River systems. 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
10 United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/28/19
Source: https://websoiisurvey.nres.usda.gov/app/HomePage.htm
" United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered
Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/does/federal_ register/fr1601.pdf.
12 USFWS Michaux's Sumac Recovery Plan; https:/Iecos.fws.gov/does/recovery_plan/930430.pdf
Page 4 of 8

Philemon Avenue Extension December 17, 2019
Protected Species Assessment Report CWS Project No. 2019-0347
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 is in sections of
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers. 13
Biological Analysis:
There are two perennial streams on -site, but the stream banks are moderately incised. In
addition, the stream bottoms are heavily embedded with silt and trash, which is not
suitable habitat for Carolina heelsplitter. The on -site perennial streams are connected to
downstream waters via a culvert, which is also not conducive for Carolina heelsplitter
(Photograph 5 and 6). Additionally, the 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). Therefore, CWS concludes that this project will
have no effect on the Carolina heelsplitter.
Rusty Patched Bumble Bee (Bombus affinis)
The Rusty patched bumble bee was listed as Endangered under the ESA in January 2016.14
Rusty patched bumblebees once occupied grasslands and tallgrass prairies of the Upper
Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or
fragmented by conversion to other uses. According to USFWS guidance, "the rusty patched
bumble bee population has declined by approximately 90% or more. There are currently
records of Bombus affinis in isolated places within 13 states and 1 providence since 2000. In
these areas, surveys should only be completed by qualified biologists under the guidance of the
federal recovery/scientific permit under section 10(a)(1)(B) of the ESA. These surveyors must
also meet all applicable state permitting and reporting requirements. The presence of Bombus
affinis has been broken down into three zones. A high potential zone provides a reasonable
basis for describing where the species is likely to be present and where federal agencies and
others should consult with Fish and Wildlife Services to evaluate the potential effects of their
actions. A low potential zone buffers a high potential zone and are much less likely to support
existing populations. Scientists are hopeful that some of these low potential areas may contain
the bee, and they recommend that surveyors obtain a scientific recovery permit. The third zone
is the unoccupied zone. Scientists believe that the likelihood of finding the species in these
areas is so low that they do not recommend scientific recovery permits, unless a Bombus affinis
may have accidentally been collected.15 According to USFWS' Rusty Patched Bumble Bee
Interactive Map, Mecklenburg County is located within an unoccupied zone. Therefore, the
proposed project will have no effect on the Rusty -patched bumble bee.
Northern long-eared bat (Myotis septentrionaiisl
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
13 NCDOT TE Animal Habitat Descriptions. 2015.
https:llconnect. ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20Procedures[TE%2OAnimal%2OHabitat%
20Descrlptions%20Mar 6_2015.pdf
14 United States Fish and Wildlife Services.
https://www.fws.gov/midwestlendangered/insects/rpbb/pdf/Survey_Protocols_RPBB_12April2Ol 9.pdf
15 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html
Page 5 of 8

Philemon Avenue Extension December 17, 2019
Protected Species Assessment Report CWS Project No. 2019-0347
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, or structures that mimic similar conditions such as culverts greater than
48-inch in diameter.16 The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. A Standard Local
Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for
NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States
Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.17 This SLOPES
defines how the USACE will make determinations of effect to the NLEB on projects in which the
USACE is the lead federal agency. Alternative Local Procedure 2 (ALP 2) applies for the
Philemon Avenue Extension as the action area is within range of the NLEB,18 the action area is
located outside of a red 12-digit HUC as defined by the Asheville Ecological Services Field
Office,19 and consultation by the USACE is required on other listed species or critical habitat.
The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater
than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known,
occupied maternity roost from June 1-July 31. In accordance with ALP 2 and the final 4(d) rule
(effective as of February 16, 2016), any incidental take that may result from associated activities
is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,20 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald
eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes,
reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on October 29 and December 11, 2019 using 2019 color
aerials. No water bodies large enough or sufficiently open to be considered potential feeding
sources were identified. Since there was no foraging habitat within the review area, a survey of
the project study area and the area within the project limits was not conducted. Additionally, a
review of the NCNHP database on October 31 and December 11, 2019 revealed no known
occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat
and known occurrences, CWS concludes that this project will have no effect on this
species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, suitable habitat was not observed
within the project limits for Schweinitz's sunflower, smooth coneflower, Michaux's sumac, bald
eagle, or Carolina heelsplitter. The project area is not located within the currently occupied
range of the rusty -patched bumble bee. CWS has concluded that activities within the project
16 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule.
https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
17 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdfw 18 The U.S. Fish and Wildlife Service (USFWS) 2016. https://ww.fws.gov/midwest/endanger.ed/mammals/nleb/pdf/WNSZone.pdf
19 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat.
20 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.htmi
Page 6 of 8

Philemon Avenue Extension December 17, 2019
Protected Species Assessment Report CWS Project No. 2019-0347
area will not directly or indirectly jeopardize the continued existence of Schweinitz's sunflower,
smooth coneflower, Michaux's sumac, bald eagle, rusty -patched bumble bee, and Carolina
heelsplitter. Additionally, based on the project area location, no tree removal activities will occur
within a 150-foot radius of a known, occupied NLEB maternity roost from June 1-July 31 and no
trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Therefore,
any incidental take on NLEB that may result from associated activities is exempt under the 4(d)
rule and notifications will follow the SLOPES agreement21. Biological determinations
requirements for federally protected species 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
Echinacea laevigata
Smooth coneflower
E
No Effect
No
Rhus michauxii
Michaux's sumac
E
No Effect
No
Lasmigona decorata
Carolina heelsplitter
E
No Effect
No
Bombus affinis
Rusty -patched bumble bee
E
No Effect
No
Myotis septentrionalis
Northern -long-eared bat
T
Exempt
Yes**
Haliaeetus
Bald eagle
BGPA
No Effect
No
leucocephalus
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
** - Required in accoradnce with SLOPES, ALP 2 agreement.
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.
2' http://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.htm]
Page 7 of 8

Philemon Avenue Extension
Protected Species Assessment Report
December 17, 2019
CWS Project No. 2019-0347
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 Christine A. Geist, PWS, CE
Project Scientist Principal Scientist
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Survey of Mecklenburg County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-6)
Page 8 of 8

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CWS PROJECT NO: DRAWN BY:
2019-0347 ALH Philemon Avenue Extension
COORDINATES: CHECKED BY: C A R O L i N A Mecklenburg County
35.250554,-80.804306 CAG WETLAND SERVICES Charlotte, North Carolina
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Philemon Avenue Extension
Protected Species Habitat Assessment Report
ATTACHMENT A:
NCNHP Data Review Report
December 17, 2019
CWS Project No. 2019-0347

Philemon Avenue Extension
Protected Species Habitat Assessment Report
ATTACHMENT B:
December 17, 2019
CWS Project No. 2019-0347
Photopage (Photographs 1-6)

u so Roy Cooper, Governor
�1 NC DEPARTMENT OF
.:� Susi Hamilton, Secretary
w°Ni NATURAL AND CULTURAL RESOURCES
Waiter Clark, Director, Land and Water Stewardship
NCNHDE-10913
December 11, 2019
Amie Hoy
Carolina Wetland Services
550 E Westinghouse BLVD
Charlotte, NC 28273
RE: Philemon Ave Extension; 2019-0347
Dear Arnie Hoy
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary, The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httns //www.fws.a ov/offices/D i recto rv/Li stOffi ces. cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler(a-)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT of NATURAL AND CULTURAL RESOURCES
Cfi 1<I S ` r,�t .,rr 3 i 4.E.I sir rlt rat z . pE x i t»FAK, ' £ L'ir.t.(XNTi'.C4:
9 #AFC'.i`i-07�))2(% - FAX <;'+ 7(3 .J=m'i

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Philemon Ave Extension
Project No. 2019-0347
December 11, 2019
NCNHDE-10913
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Areas Documented Within Proiect AreaY
Little Sugar creek ureenway Mecklenburg County Local Government
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DN'P), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/content/help. Data query generated on December 11, 2019; source: NCNHP, 04 Oct 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 5

Natural Heritage E►ement Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Philemon Ave Extension
Project No. 2019-0347
December 11, 2019
NCNHDE-10913
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID
S °`ntific Name
Common Name
Last
Element
Group
Observation
'`Occurrence
Date
Runk
Sawfly, Wasp, 37164
Bombus affinis
Rusty -patched Bumble
1969-09-29
H
Bee, or Ant
Bee
Vascular Plant 26358
Acmispon helleri
Carolina Birdfoot-
2011-05-05
F
trefoil
Vascular Plant 13743 Delphinium exaltatum Tali Larkspur 1800s Hi?
Vascular Plant 5560 Desmodium Sessile Tick -trefoil 1971-08-19 H
sessilifolium
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Owner`
Little Sugar Creek Greenway
Mecklenburg
County
Sugaw Creek Park
Mecklenburg
County
Derita Park
Mecklenburg
County
Cordelia Park
Mecklenburg
County
Howie Acres Park
Mecklenburg
County
North Charlotte Park
Mecklenburg
County
Tryon Hills Park
Mecklenburg
County
Clemson Avenue Park
Mecklenburg
County
Charles Avenue Park
Mecklenburg
County
Accuracy Federal
Status
5-Very Endangered
Low
2-High ---
5-Very ---
Low
3-Medium ---
Owner Type
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
State Global State
Status Rank Rank
Significantly G2 S1
Rare
Special G5T3 S3
Concern
Vulnerable
Endangered G3 S2
Special G5 SH
Concern
Historical
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/content/help. Data query generated on December 11, 2019; source: NCNHP, Q4 Oct 2019.
Page 3 of 5

Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 4 of 5

December 11, 2019
❑ Project Boundary
❑ Buffered Project Boundary
Managed Area (MAREA)
NCNHDE-10913: Philemon Ave Extension
Page 5 of 5
1:21,671
0 OA75 0,35 0.7 mi
0 0275 0.55 1.1 km
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Philemon Avenue Extension
Attachment B - Photopage
November 17, 2019
CWS Project No. 2019-0347
Photograph 1. View of unsuitable habitat for Schweinitz's sunflower and smooth coneflower, facing
southwest
Photograph 2. View of unsuitable habitat for Schweinitz's sunflower and smooth coneflower, facing
northeast
Photopage 1 of 3

Philemon Avenue Extension
Attachment B - Photopage
November 17, 2019
CWS Project No. 2019-0347
Photograph 3. View of unsuitable habitat for Schweinitz's sunflower and smooth coneflower, facing
southwest.
Photograph 4. View of unsuitable habitat for Schweinitz's sunflower and smooth coneflower, facing
northwest.
Photopage 2 of 3

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Philemon Avenue Extension
Attachments
ATTACHMENT H:
I LF Acceptance Letter
March 17, 2020
CWS Project No. 2019-0347

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Eric Applefield
Grubb Properties
4601 Park Road, Suite 450
Charlotte, NC 28205
Project: Philemon Avenue Extension
March 17, 2020
Expiration of Acceptance: 9/17/2020
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
impact Type
Impact Quantity
Catawba
03050103
Riparian Wetland
0.20
*DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
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.
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,
,7 � t Z4�
FOR James. B Stanfill
Asset Management Supervisor
I/6ptrtrneMNFmNonuwNal OualNy�, / _
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center 1 Raleigh. North Carolina 27699-1652
919.707,8976

Philemon. Avenue Extension
Attachments
ATTACHMENT 1
SHPO Letter.
March 17, 2020
CWS Project No, 2019-0347

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
December 12, 2019
Office of Archives and History
Deputy Secretary Kevin Cherry
Sean Norris
TRC Companies
621 Chatham Avenue, 2nd Floor
Columbia, SC 29205
Re: Demolish Buildings and Develop Site, 315 East 36th Street, Charlotte, Mecklenburg County,
ER 19-4992
Dear Mr. Norris:
Thank you for your email of November 11, 2019, regarding the above -referenced undertaking. We have
reviewed your submittal and offer the following comments.
Demolition of the Herrin Brothers Coal and Ice Company. (1VII{2905), a property determined eligible for listing
on the National Register of Historic Places in 2009 and reconfirmed in 2011, will have an adverse effect on the
historic property.
Your submittal indicated the potential need for permitting from the US Army Corps of Engineers (USACE).
We will need to know what USACE considers to be the permit area for the proposed wetland impacts. We
advise you to contact USACE as soon as possible.
Please note, work known to have an adverse effect on historic properties, and performed in preparation of a
project, could be considered "anticipatory" and poses a risk to Section 106 compliance, which could jeopardize
permitting or cause a delay in the process.
If you would like to schedule a meeting to discuss the project, its effects, and potential mitigation strategies
please contact Katie Harville, Environmental Review Specialist, at 919-814-6581, or [e-mail].
We would prefer that USACE also be included in any future correspondence regarding this project.
There are no known archaeological sites within the proposed project area. Based on our knowledge of the
area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of
Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation
be conducted in connection with this project.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Location:109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
Ramona M. Bartos
Deputy State Historic Preservation Officer