20200415 Ver 2_ePCN Application_20220506

Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
10/22/2021
BIMS # Assigned* Version#*
20200415 2
Is a payment required for this project?*
O No payment required
O Fee received
O Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
What amout is owed?*
0 $240.00
® $570.00
Select Project Reviewer*
Doug Perez:eads\djperez
la. Name of project:
Philemon Avenue Public Road Extension
la. Who is the Primary Contact?*
Aliisa Harjuniemi
lb. Primary Contact Email:*
lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
5/6/2022
Nearest Body of Water
Little Sugar Creek
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude:
35.250969
A. Processing Information
Longitude:
-80.802297
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0Yes ONo

la. Type(s) of approval sought from the Corps:
21 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
I Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
0Yes ®No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
I 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
O Individual 401 Water Quality Certification
14 - Linear transportation
58 - Utility Line Activities for Water and Other Substances (frequently used)
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
tf. Is this an after -the -fact permit application?*
O Yes O No
0 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lh. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1j. Is the project located in a designated trout watershed?
OYes )No
B. Applicant Information
OYes 0No
OYes 0No
Id. Who is applying for the permit?
❑ Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
* Yes 0No
2. Owner Information
2a. Name(s) on recorded deed:
OI-F NODA 1 LLC
2b. Deed book and page no.:
33300-919
2c. Contact Person:
Tony Kuhn
2d. Address
Street Address
615 South College St. Ste. 900
Address Line 2
City
Charlotte
Postal / Zip Code
28202
State / Province / Region
NC
Country
USA

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Tony Kuhn
3b. Business Name:
Flywheel Group
3c. Address
Street Address
4100 Raleigh Street
Address Line 2
City
Charlotte
Postal / Zip Code
28213
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Aliisa Harjuniemi
4b. Business Name:
Carolina Wetland Services, Inc.
4c. Address
Street Address
550 E Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
lb. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
09111209
2b. Property size:
5

2c. Project Address
Street Address
Philemon Avenue
Address Line 2
City
Charlotte
Postal / Zip Code
28206
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Little Sugar Creek
3b. Water Resources Classification of nearest receiving water: *
Class C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030102
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. 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 proposed Philemon Avenue Public Road Extension project is located west of the existing Philemon Avenue, near the Charlotte updown area (Figures 1 and 2). The project area
consists of a road right-of-way, sewerline easement, undeveloped forest, and residential development (Figure 3). Unnamed tributary to Little Sugar Creek divides the project area in half.
Surrounding land use consists of commercial and residential development. The surrounding area is currently being developed for multi -family apartments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
The proposed project connects to the previous phase of this project that is currently under construction (SAW-2019-02385; DEQ# 20200415). Please note that the applicant is different for
this phase. The cumulative impacts between these projects are below the Nationwide Permit thresholds and mitigation is proposed for the permanent loss of stream channel.
4f. List the total estimated acreage of all existing wetlands on the property:
0 acres
4g. List the total estimated linear feet of all existing streams on the property:
398 If perennial, 101 If intermittent
4h. Explain the purpose of the proposed project: *
The purpose of the project is to connect the Philemon Avenue to the E 36th Street to improve the connectivity and trafic flow within the area. This project will construct 760 feet of road
between two sections of Philemon Avenue, with the portion from 36th Street currently being constructed.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under Nationwide Permit (NWP) No. 14, the project proposes crossing an unnamed tributary to Little Sugar Creek with a culvert. This would result in 157 If permanent stream impact (S1).
Rip rap will be utilized along banks for stabilization (30 If). The proposed culvert will be constructed in dry, utilizing a dewatering system. The dewatering system would result in 40 If of
temporary impact (S3). The proposed culvert will be buried one feet below the existing grade. Wing walls were utilized to minimize the proposed impact.
Additionally, under NWP 58 the project proposes an open cut sewerline crossing, resulting in 15 If of temporary impacts (S4). This area will be stabilized via sloping, matting, seeding, and
livestaking.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
Data forms and photographs are included (Attachments D and E). No jurisdictional determination is
requested at this time.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: CWS
Other:
Unknown
6. Future Project Plans

6a. Is this a phased project?*
O Yes O No
6b. If yes, explain.
The proposed project connects to the previous phase of from E 36th Street of this project that is currently under construction (SAW-2019-02385; DEQ# 20200415). Please note that the
applicant is different for this phase. The cumulative impacts between these projects are below the Nationwide Permit thresholds.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
C.'. Wetlands
• Open Waters
3. Stream Impacts
i�, Streams -tributaries
Pond Construction
O Buffers
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Road crossing
Permanent
Culvert
Stream D
Perennial
Corps
8
Average (feet)
157
(linear feet)
S2
Rip rap along banks
Permanent
Bank Stabilization
Stream D
Perennial
Corps
8
Average (feet)
30
(linear feet)
S3
Dewatering
Temporary
Dewatering
Stream D
Perennial
Corps
8
Average (feet)
40
(linear feet)
S4
Seweriine crossing
Temporary
Other
Stream E
Intermittent
Corps
5
Average (feet)
15
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
187
3i. Total stream and ditch impacts:
242
3j. Comments:
The proposed loss of waters total 157 If
E. Impact Justification and Mitigation
3i. Total temporary stream impacts:
55
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
To avoid and minimize impacts to jurisdictional waters of the U.S., property was delineated prior to finalizing the site plan and the proposed site plan was
designed around the delineation results. The original plan was to utilize a bottomless culvert, however, this option was ultimately eliminated due to cost
and maintenance issues. The proposed culvert will be buried one feet below the existing grade and wing walls were utilized to minimize the proposed
impact.
1b. 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 58 and Water Quality Certificate Nos. 4246 and 4276. 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 impacts to Waters of the U.S. or Waters of the State?
. Yes No
2c. If yes, mitigation is required by (check all that apply):
• DWR OO Corps
2d. If yes, which mitigation option(s) will be used for this project?
• Mitigation bank O Payment to in -lieu fee program O Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program

4a. Approval letter from in -lieu fee program is attached.
OYes 0No
4b. Stream mitigation requested:
(linear feet)
157
4c. If using stream mitigation, what is the stream temperature:
warm
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
The credit availability letter is attached (Attachment H).
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
O Yes O No
If no, explain why:
The project is not adjacent to NC Riparial Buffers
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
OYes ONo
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
O Yes ! No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
U Yes
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
RI Local Government O State
Local Government Stormwater Programs
Lj Phase II O NSW O USMP O Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
Stormwater Plan will be provided upon request
G. Supplementary Information
0 No
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
O Yes •! No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)2 *
O Yes O No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
O Yes O No
3b. If you answered "no," provide a short narrative description.
The project will not result in additional cumulative impacts in foreseeable future.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
0 Yes i No , > N/A

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
O Yes C No
5b. Have you checked with the USFWS conceming Endangered Species Act impacts?*
C Yes O No
5d. Is another Federal agency involved?*
0 Yes
5e. Is this a DOT project located within Division's 1-8?
0 Yes ® No
J No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S
OYes 0No
5g. Does this project involve bridge maintenance or removal?
OYes 0No
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
OYes 0No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
0 Yes O No 0 Unknown
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0 Yes ® No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
OYes 0No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
U.S. Fish & Wildlife Service and IPaC Information for Planning and Consultation; Protected Species Assessment is included as Attachment F.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
0 Yes O No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
https://www.fisheries. noaa.gov/resource/map/essential-fish-habitat-mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes C No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The Herrin Brothers Coal and Ice Company (MK2905) property, determined eligible for listing on the National Register of Historic Places, is located west
of the study area (SHPO Map, Attachment G). The previous phase was determined to have an adverse effect on this historic property and Section 106
coordination was completed for this project. A copy of the Memorandum of Agreement will be provided upon request.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
® Yes J No
8b. If yes, explain how project meets FEMA requirements:
Individual Floodplain Development Permit is required for development. The project was designed to meet all the Charlotte-Mecklenburg's Floodplain
Regulations.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Panel No. 3710456500K
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form_Philemon Ave.pdf 108.09KB
Philemon Ave_Cover Page and Attachments.pdf 4.88MB
File must be PDF or KMZ
Comments

Signature
RI By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Aliisa Harjuniemi
Signature
+ 4 .
Date
5/6/2022

Contact Name*
Aliisa Harjuniemi
Contact Email Address*
[e-mail]
Project Owner*
Flywheel Group
Project Name*
Philemon Avenue
Project County*
Mecklenburg
Owner Address: *
Street Address
4100 Raleigh Street
Address Line 2
City
CHARLOTTE
Postal / Zip Code
28213
Is this a transportation project?*
Yes No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - 401 Water Quality Certification -
Regular Express
Individual Permit Modification
Shoreline Stabilization
Does this project have an existing project ID#?*
Yes No
Please list all existing project ID's associated with this projects.*
20-0415
State / Province / Region
NC
Country
USA
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below and include location information.*
The purpose of the project is to connect Philemon Avenue to East 36th
Street in Charlotte, NC.
This will involve installation of a 144" X 96" box culvert within an
unnamed tributary to Little Sugar Creek, resulting in approximately 185
If of permanent stream impacts.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.

1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting
location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you
can submit an application.
Signature*
Submittal Date 10/22/2021

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
Date: May 6, 2022
To: Mr. Steve Kichefski
U.S. Army Corps of Engineers
Mr. Douglas Perez
NCDWR, 401 & Buffer Permitting Unit
Subject: Pre -Construction Notification Pursuant to Nationwide Permit Nos. 14 and 58
Philemon Avenue Public Road Extension
Charlotte, North Carolina
CWS Project No. 2021-0091
Dear Mr. Kichefski and Mr. Perez,
The Philemon Avenue Public Road Extension study area is approximately 5 acres in extent and is located
west of the existing Phiemon Road in Charlotte, North Carolina (Figures 1 and 2, Attachment A). Flywheel
Group 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 58 to the U.S.
Army Corps of Engineers for proposed impacts to the jurisdictional waters of the U.S. associated with the
proposed road extension.
The proposed project connects to the previous phase of this project that is currently under construction
(SAW-2019-02385; DEQ# 20200415). Please note that the applicant is different for this phase. The
cumulative impacts between these projects are below the Nationwide Permit thresholds.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-8
Attachment B - Agent Authorization Form
Attachment C - Proposed Impacts
Attachment D - Data Forms
Attachment E - Photopage
Attachment F - Protected Species Assessment
Attachment G - SHPO Map
Attachment H - Mitigation Credit 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,
ItIL
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager

Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT A:
Figures 1-8

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DATE:
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DRAWN BY:
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SCALE: DATE: FIGURE NO.
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CWS PROJECT NO: DRAWN BY:
2021-0091 ALH Philemon Avenue Extension
COORDINATES: CHECKED BY: CAR ❑ L 1 N A Mecklenburg County 2
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' Soil Unit Name and Description Hydric Legend
CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No
MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes Project Limits (5 ac.) `
r - 1,000 500 0 1,000 Feet
REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF MECKLENBURG COUNTY, NC, SHEET 4 AND 7, DATED 1980.
SCALE
: 1 inch = 1,000 feet DATE: 11/8/2021 USDA-NRCS Published Soil Survey FIGURE NO,
CWS PROJECT NO: DRAWN BY: of Mecklenburg County
2021-0091 ALH Philemon Avenue Extension
COORDINATES: CHECKED BY: GAR ❑ L I N A Mecklenburg County 5
35.250969,-80.802297 AVH WETLAND SERVICES Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0091 Philemon Ave\JD\ArcGIS\Revised 11.8.21\Figure5_HistoricSoils.mxd

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�s�sF �`'6� F2 �cP'�?a` P h SPA Lei o �
e� Leigh Freshwater Forested/Shrub Wetland
P y
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REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND 9. 000 500 0 1,000 Feet
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021. BACKGROUND LAYER(S) U)
PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2021.
r
SCALE: DATE: FIGURE NO.
1 inch = 1,000 feet 11/8/2021 National Wetland Inventory
CWS PROJECT NO: DRAWN BY:
2021-0091 ALH Philemon Avenue Extension
COORDINATES: CHECKED BY: GAR ❑ L I N A Mecklenburg County 6
35.250969,-80.802297 AVH WETLAND SERVICES Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0091 Philemon Ave\JD\ArcGIS\Revised 11.8.21\Figure6_NWl.mxd

G:\Shared drives\Consulting Team Dwe\2021\2021 Consulting Projects\2021-0091 Philemon Ave\JD\ArcGIS\Revised 11.8.21\Figure7_FEMA.mxd

I--- ----
5GQ
FA
XA�
Perennial Stream E
101 If
Legend
Perennial Stream D
398 If
Project Limits (5 ac.)
Perennial Stream
Culvert
Roads
710
Tax Parcels
ODP Data Point
ASCP Stream Classification Point
O
< Indicates Flow
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG
�--► Photo Location and Direction
COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
100 550 0 100 Feet
UNIT BY CWS, INC., ON OCTOBER 29 AND DECEMBER 12, 2019, AND JUNE 10, 2021.
JURISDICTIONAL FEATURES HAVE NOT BEEN FIELD VERIFIED BY THE USACE.
SCALE:
1 inch = 100 feet
DATE:
11/8/2021
Jurisdictional Boundaries
FIGURE NO.
CWS PROJECT NO:
DRAWN BY:
2021-0091
ALH
Philemon Avenue Extension
8
COORDINATES:
CHECKED BY:
GAR ❑ L I N A
Mecklenburg County
35.250969,-80.802297
AVH
WETLAND SERVICES
Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0091 Philemon Ave\JD\ArcGIS\Revised 11.8.21\Figure8_JD.mxd

Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT B:
Agent Authorization Form

U.S. Army Corps of Engineers — Wilmington District - Regulatory Division
AGENT AUTHORIZATION
I. PROJECT/SITE INFORMATION
Site Name: Philemon Avenue Extension
Property Identification Number(s): 09111209 (partial). 0911103 (partial), and 09111208 (partial)
I, the undersigned, Tony Kuhn ,hereby authorize Aliisa Hariuniemi , to act on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shall have the same effect as acts of my own.
.(Y i1�C.�L AfZ _ X L4& 11-19-21
Signature l/ Date
Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area
subject to federal jurisdiction under the regulatory authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made
available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved
jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website.
Disclosure: Submission of requested information isvoluntary; however, if information is not provided, the request for ajurisdictional determination cannot be evaluated nor
can a jurisdictional determination be issued.
January 2020

Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT C:
Proposed Impacts

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Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT D:
Data Forms

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Philemon Avenue Extension City/County: Mecklenburg County Sampling Date: 12/12/19
Applicant/Owner: Flywheel Group State: NC Sampling Point: DP4
Investigator(s): MLS/ALH Section, Township, Range: Charlotte
Landform (hillside, terrace, etc.): swale Local relief (concave, convex, none): concave Slope (%): 0-2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.251289 Long:-80.802736 Datum: NAD 83
Soil Map Unit Name: Monocan Loam, 0-2%, frequently flooded NWI classification: PF01
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Data point is representative of non -jurisdictional upland.
The United States Drought Monitor states that this area is currently under normal conditions.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
—Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
—Iron Deposits (135)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland
Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Indicators of wetland hydrology are not present.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP4
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
1. Liquidambar styraciflua
20
Yes
FAC
2. Acer rubrum
15
Yes
FAC
3. Liriodendron tulipifera
10
Yes
FACU
4.
5.
6.
7.
45
=Total Cover
50% of total cover:
23
20% of total cover:
9
Saplina/Shrub Stratum (Plot size: 15
)
1. Celtis occidentalis
10
No
FACU
2. Fraxinus caroliniana
10
No
OBL
3. Ligustrum sinense
15
Yes
FACU
4. Euonymus fortunei
20
Yes
UPL
5.
6.
7.
8.
9.
55
=Total Cover
50% of total cover:
28
20% of total cover:
11
Herb Stratum (Plot size: 5 )
1.
Ligustrum sinense
10
Yes
FACU
2.
Tipularia discolor
5
Yes
FACU
3.
Allium
2
No
4.
Smilax
5
Yes
5.
Lonicera canadensis
5
Yes
FACU
6.
7.
8.
9.
10.
11.
50% of total cover: 14
Woody Vine Stratum (Plot size: 30 )
1. Lonicera canadensis
2. Toxicodendron radicans
3. Smilax
4.
5.
27 =Total Cover
20% of total cover: 6
10 Yes FACU
15 Yes FAC
20 Yes
45 =Total Cover
50% of total cover: 23 20% of total cover: 9
Remarks: (Include photo numbers here or on a separate sheet.)
25% of dominant vegetation is FAC or wetter.
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 3 (A)
Total Number of Dominant
Species Across All Strata: 12 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 25.0% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
_ 1 - Rapid Test for Hydrophytic Vegetation
_2 - Dominance Test is >50%
_3 - Prevalence Index is !-3.01
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL Sampling Point: DP4
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-12 7.5YR 4/3 95 7.5YR 4/6 5 C M loamy/clayey Distinct redox concentrations
12-20 7.5YR 4/4 100 loamy/clayey
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
Histosol (Al)
_ Histic Epipedon (A2)
_ Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
—Sandy Mucky Mineral(S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
Indicators of hydric soil are not present.
RM=Reduced Matrix, MS=Masked Sand Grains
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

NC DWQ Stream Identification Form Version
4.11
Date: 12/12/19
Project/Site: Philemon Avenue Extension
Latitude:
35.251173
Evaluator: MLS/ALH
County: Mecklenburg
Longitude:
-80.802639
Total Points:
Stream is at least intermittent if>_ 19 or perennial if>_ 30*
33
Stream Determination: Ephemeral Intermittent Perennial
Perennial
Other
Stream Name:
SCP3/ Stream D
A. Geomorphology Subtotal =
17
Absent
Weak Moderate
Strong
Strong
1. Continuity of channel bed and bank*
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
1 0
1
1
1
2
1 3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes =
3
*artificial ditches are not rated, see discussions in manual
B. Hydrology Subtotal =
10
12. Presence of Baseflow
0
1
2
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes =
3
C. Biology Subtotal =
6
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75, OBL = 1.5 Other = 0
*perennial streams may also be identified using other methods.
Notes:
Sketch:

NC DWQ Stream Identification Form Version
4.11
Date: 6/10/21
Project/Site: Philemon Avenue Extension
Latitude:
35.250865
Evaluator: AVH/MLB
County: Mecklenburg
Longitude:
-80.801933
Total Points:
Stream is at least intermittent if>_ 19 or perennial if>_ 30*
30.5
Stream Determination: Ephemeral Intermittent Perennial
Perennial
Other
Stream Name:
SCP4/Stream E
A. Geomorphology Subtotal =
14.5
Absent
Weak Moderate
Strong
1. Continuity of channel bed and bank*
0
1
2
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
1 0
1
1
1
2
1 3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes =
3
*artificial ditches are not rated, see discussions in manual
B. Hydrology Subtotal =
10
12. Presence of Baseflow
0
1
2
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes =
3
C. Biology Subtotal =
6
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75, OBL = 1.5 Other = 0
*perennial streams may also be identified using other methods.
Notes:
Sketch:

Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT E:
Photopage

Philemon Avenue Extension
Photopage
April 18, 2022
CWS Project No. 2021-0091
Photograph 1. View of Perennial Stream D, facing upstream (SCP3).
Photograph 2. View of Perennial Stream E, facing downstream (SCP4).
Photopage 1 of 2

Philemon Avenue Extension
Photopage
April 18, 2022
CWS Project No. 2021-0091
Photograph 3. View of non -jurisdictional upland area (DP4), facing northwest.
Photopage 2 of 2

Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT F:
Protected Species Assessment

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
November 17, 2021
Tony Kuhn
Flywheel Group
4100 Raleigh Street
Charlotte, NC, 28213
Subject: Protected Species Habitat Assessment Report
Philemon Avenue Extension
Charlotte, North Carolina
CWS Project No. 2021-0091
Dear Mr. Kuhn,
Flywheel Group 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. 09111103, 09111208, 09111209 (all partial)) is
approximately 5 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' and
Information for Planning and Consultation (IPAC) database2. In addition, CWS performed data
reviews using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on October
31 and December 11, 2019, and November 8, 2021 to determine if any record occurrences of
federally -listed, candidate endangered, threatened species, or critical habitat are located within
the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS' and
NCNHP' online resources including, but not limited to, specific USFWS species 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
United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 8, 2021. Endangered and Threatened
Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html
2 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac/
3 North Carolina Natural Heritage Data Explorer. Accessed November 8, 2021. https:Hncnhde.natureserve.org/.
4 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. http://www.fws.gov/nces/es/plant_survey.html. Accessed November 8, 2021.
e Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 8

Philemon Avenue Extension
Protected Species Assessment Report
November 17, 2021
CWS Project No. 2021-0091
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
Mecklenburg County' 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 Aliisa Harjuniemi, PWS', Megan Bollero, WPIT', Project Scientist, and Arnie
Hoy, Project Scientist, conducted a pedestrian habitat assessment of the project area on
October 29 and December 12, 2019, and June 10, 2021. 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. Identification references for
natural communities include the National Land Cover Database (2011)'.
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
Helianthus
Schweinitz's
Plant
E
Current
schweinitzii
sunflower
Echinacea
Plant
Smooth coneflower
E
Current
laevigata
Plant
Rhus michauxii
Michaux's sumac
E
Current
Lasmigona
Animal
Carolina heelsplitter
E
Current
decorata
Rusty -patched
Animal
Bombus affinis
E
Historic
bumble bee
Myotis
Northern -long-eared
Animal
T
Current
septentrionalis
bat
Haliaeetus
Animal
Bald eagle
BGPA
Current
leucocephalus
E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Three terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, herbaceous area, and high intensity
development (Figure 3). Of the identified on -site community types, the forested and herbaceous
b United States Department of Agriculture, 2021. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/28/19,
12/11/19, and November 8, 2021
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
' Professional Wetland Scientist, The Society of Wetland Scientists Professional Certification Program.
8 Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program
9 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_leg.php
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Philemon Avenue Extension
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CWS Project No. 2021-0091
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
1991.10 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 revealed 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). No
individuals of Schweintz's sunflower or other Helianthus species were observed during
the field assessments on October 29, December 12, 2019, and June 10, 2021. 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 laevi, a�ta)
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 1992.11 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 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.
10 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/frl852.pdf.
11 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/docs/federal_register/fr2l4O.pdf.
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Philemon Avenue Extension
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CWS Project No. 2021-0091
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).
A portion of the project limits is forested, which does not provide the abundant sunlight
the smooth coneflower requires. The open areas within the project limits are highly
maintained grass areas and high -intensity development, 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.
12 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 michauxii)
Habitat Description:
Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves
exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal
clusters. Fruits are red drupes produced from August to October. It has been listed as
an Endangered species under the Endangered Species Act (ESA) since 1989.13 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 County14. Due to the lack of habitat and known occurrences, CWS
concludes that this project will have no effect on Michaux's sumac.
Carolina heelsplitter (Lasmipona 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
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
12 United States Department of Agriculture, 2021. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 11/08/2021
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
13 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/docs/federal_register/frl60l.pdf.
14 USFWS Michaux's Sumac Recovery Plan; https:Hecos.fws.gov/docs/recovery_plan/930430.pdf
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Philemon Avenue Extension
Protected Species Assessment Report
November 17, 2021
CWS Project No. 2021-0091
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers.15
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
(Photographs 2 and 3). 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). The site is outside the designated critical habitat for
this species. 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 2016.16
Rusty patched bumble bees 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.17 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 septentrionalis)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
15 NCDOT TE Animal Habitat Descriptions. 2015.
https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%2Oand%20Procedures/TE%2OAnimal%20Habitat%
20Descriptions%20Mar_6_2015.pdf
16 United States Fish and Wildlife Services.
https://www.fws.gov/midwest/endangered/insects/rpbb/pdf/Survey_Protocols_RPBB_12April2019.pdf
17 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html
Page 5 of 8

Philemon Avenue Extension
Protected Species Assessment Report
November 17, 2021
CWS Project No. 2021-0091
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." The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. No culverts greater
than 48-inch were observed within the study area.
The Philemon Avenue Extension site is within range of the NLEB,19. However, there are no
known hibernaculum within 0.25 miles from a site and no known occupied maternity roost
within 150 feet.
In accordance with 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, the project as
proposed is exempt under the 4(d) rule.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,2' 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, December 11, 2019, and November 8, 2021,
using 2019 and 2021 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, the site is located within an urban setting. A review of the NCNHP
database on October 31 and December 11, 2019, and November 8, 2021 revealed no known
occurrences of this species within 1.0 mile of the project study area. Due to the lack of
supportive 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, no suitable habitat was observed for
Schweinitz's sunflower, smooth coneflower, Michaux's sumac, Carolina heelsplitter, or bald
eagle. CWS has concluded that activities within the project area will not directly or indirectly
jeopardize the continued existence of Schweinitiz's sunflower, smooth coneflower, Michaux's
sumac, Carolina heelsplitter, or bald eagle.
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
18 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
19 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
20 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
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Philemon Avenue Extension
Protected Species Assessment Report
November 17, 2021
CWS Project No. 2021-0091
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 Summary 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
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.
21 http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html
Page 7 of 8

Philemon Avenue Extension
Protected Species Assessment Report
November 17, 2021
CWS Project No. 2021-0091
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,
IQr' B,&,-
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
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 (1-3)
Page 8 of 8

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2021-0091 ALH Philemon Avenue Extension
COORDINATES: CHECKED BY: CAR ❑ L 1 N A Mecklenburg County
35.250969,-80.802297 AVH WETLANID SERVICES Charlotte, North Carolina
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Philemon Avenue Extension
Protected Species Habitat Assessment Report
ATTAC H M E N T A:
NCNHP Data Review Report
November 17, 2021
CWS Project No. 2021-0091

Roy Cooper, Governor
■■■R NC DEPARTMENT OF
s a
■z■■ NATURAL AND CULTURAL RESOURCES
November 8, 2021
Arnie Hoy
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Philemon Ave Extension; 2021-0091
Dear Arnie Hoy:
❑_ Reid Wiisen, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
N CN H DE-16280
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler(�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
�k 121 W. JOIN E5 STREET RALEIGH- NC 27603 • 1G51 MAIL SERVICE CENTER. RALEiGH,Mc 27699
0FC 919.707.912p • FAX 91 .707,9121

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Philemon Avenue Extension
Protected Species Habitat Assessment Report
ATTACHMENT B:
November 17, 2021
CWS Project No. 2021-0091
Photopage (Photographs 1-3)

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Photograph 1. View of unsuitable habitat for Schweinitz's sunflower and smooth coneflower, facing
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s - L

Philemon Avenue Extension
Attachment B - Photopage
November 17, 2021
CWS Project No. 2021-0091
Photograph 3. View of unsuitable habitat for Carolina heelsplitter, facing downstream.
Photopage 2 of 2

Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT G:
SHPO Map

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SHPO Map
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MK2905 � He in fro hefss9U R
oal and Ice Company Complex 2011
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Mill 19
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Budding 1987 7z
LMK1999 Chariotte Fire Statn #7�2009�'MK1164 Highland Park MI 1666 NDRTH CHAR�OTTfrtye
during Company Miil #3 1988 * �IISTORICDISTRICT 1'990 r-
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Philemon Avenue Public Road Extension
Attachments
May 6, 2022
CWS Project No. 2021-0091
ATTACHMENT H:
Mitigation Credit Letter

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Tony Kuhn
Flywheel Group
4100 Raleigh Street
Charlotte, NC 28213
NORTH CAROLINA
Environmental Quality
April 29, 2022
Project: Philemon Avenue Public Road Extension
Expiration of Acceptance: 10/29/2022
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
Warm Stream
157
*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 KeIIy.Williams(a�ncdenr.gov.
Sincerely,
Atv�d
FOR James. B Stanfill
Asset Management Supervisor
cc: Aliisa Harjumiemi, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
h(h�TH :.AROI iRA IV
o �nmmmenni w�a 919,707,8976