20230929 Ver 1_Sunset Road PCN - DEQ_20230626

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2019 - 01297 BEGIN DATE [Received Date]:
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Sunset Road
2. Work Type: Private❑ Institutional ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN request for residential development
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑
4. Property Owner / Applicant [PCN Form A3 or A4]: FH 1524 Sunset Road, LLC c/o Andy Ferrell
5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.3165,-80.8955
Sunset Road, Charlotte, NC 28216
8. Project Location -Tax Parcel ID [PCN Form 131a]: 03704301
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 132a]: Gutter Branch
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050101 )
Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 29
❑ Regional General Permit #
Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
001 0W411IW1L069%

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
June 26, 2023
Ms. Sam Dailey
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Andrew Pitner
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wcjoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Subject: SAW-2019-01297; Pre -Construction Notification for NWP 429 for the Sunset
Road site in Charlotte, Mecklenburg County, North Carolina
Ms. Dailey, Messrs. Pitner, Wcjoski, and Hamstead,
Enclosed is a request for Nationwide Permit 929 for the Sunset Road site on 56.125 acres located
south of Sunset Road and west of Joel Turner Road in Charlotte, NC. The site is a proposed
residential development and consists of two streams and five wetlands. The site was field
verified by the USACE in February 2020 and April 2021. Please refer to the Jurisdictional
Determination Information section for information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include permanent impacts to one
wetland for site fill and grading and a road crossing required for site connectivity. Overall
impacts to site surface waters associated with the proposed development were limited through
site selection, design, and location/orientation of the proposed lots and access routes. Efforts of
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
len. ri [e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
minimization were implemented during design to preserve existing site hydrology and limit
adverse effects to existing, onsite natural habitat. Where possible, 2:1 slopes will be implemented
to limit impacts to site surface waters. Construction techniques will implement approved erosion
control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Total permanent impacts proposed include 0.15 acres of wetland impacts (Wetlands G). The road
crossing location is fixed due to the entrance location requirements. The proposed wetland
impact was unavoidable due to the fixed intersection with Sunset Road and the proposed
alignment necessary to avoid impacts to Stream B. The applicant has demonstrated avoidance
and minimization efforts by avoiding 100% of onsite streams and 72% of onsite wetlands.
To compensate for the anticipated permanent impacts to onsite wetlands, the applicant is
proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at
a 0.5:1 ratio. Please refer to the attached NCWAM for additional details.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species, or their critical habitat as designated under Section 7 of the Endangered Species
Act. Additionally enclosed is a Cultural Resource map. No NRHP-listed properties, determined -
eligible properties, study -listed resources, designated local landmarks or otherwise recorded
historic resources were identified on the site. Thank you for your consideration and please
contact me if you have any questions, [phone] or email at heath. caldwellkwetlands-
epg.com.
Sincerely,
Heath Caldwell, PWS
Environmental Scientist
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetiands-epg.com
Len Rindner, PWS
Principal
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

C
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Permit Application

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T.
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:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Sunset Road
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
FH 1524 SUNSET ROAD, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Andy Ferrell
3d.
Street address:
P.O. Box 681028
3e.
City, state, zip:
Charlotte, NC 28216
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Heath Caldwell
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
[phone]
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
03704301
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.3165 Longitude:-80.8955
1c.
Property size:
56.125 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Gutter Branch
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba/03050101
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 topography consists of gentle slopes, with the elevation ranging from 700 to 770 ft. The northern portion of the site has single family homes with
lawns and landscaping along Sunset Road. There is a petroleum pipeline right-of-way along the eastern boundary and cutting across the southern
portion of the site. The remainder of the site is characterized by pine plantations and mixed hardwood slopes adjacent to the stream corridor.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.258
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,806
3d. Explain the purpose of the proposed project:
The proposed project is a residential development that includes impacts to one wetland for site grading and a road.
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson, Heath Caldwell
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This site was verified by USACE twice under different sets of WOTUS rules. A copy of the verifications are included in the Jurisdictional Determination
Information section.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.027
W2 P
Fill
Headwater Wetland
Yes
Corps
0.123
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.15
2h. Comments:
W1: Wetland G for access
W2: Wetland G for grading
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
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 ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. Efforts of minimization were implemented during design to preserve existing site hydrology and limit adverse effects to existing, onsite
natural habitat. The road crossing location is fixed due to the entrance location requirements and alignment necessary to avoid Stream B. The
applicant has demonstrated avoidance and minimization efforts by avoiding 100% of onsite streams and 72% of onsite wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize site impacts.
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?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑X Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
0.15 acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: 0.5:1 due to low quality and limited connection to adjacent surface waters. Refer to NCWAM
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm
water on the site will be handled by facilities shown on the attached plans. The stormwater plan has
not yet been submitted to Mecklenburg
County but will be designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Mecklenburg County
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes 0 No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
[]Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes 0 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
❑Yes 0 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.
No
additional phases proposed.
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.
Wastewater
generated on the site will be transported to the nearest treatment facility via sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is exempt as described in the attached T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: https://nc.maps.arcgis.com/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No net grading/fill will occur in the floodplain.
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://polaris3g.meeklenburgcountyne.gov/
Heath Caldwell
r"WA
06-07-2023
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Wetlands and Environmental Planning Group Leonard 5. Itindner. PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Sunset Creek site
Property Address: SW of intersection of Sunset Road & Joel Turner Drive, Charlotte, NC
Parcel Identification Number (PIN): 03704301
Select one: I am the current property owner
Name: Andy S Ferrell
Company: FH 1524 Sunset Road, LLC
Mailing Address: P.O. Box 681028, Charlotte, NC 28216
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Interested Buyer* / Other*
2-/3 / 20
Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office
I0612-D Providence Rd.
PMB 511:0
Charlotte, NC 28277
[phone]
1 en. ritidnerCo)wetiands-eoQ.com
wvvw.wetlands-epg.com
Ashe ille Office:
1070 Tunnel kd., Bldg. 1
Suite 10, PMB 283
Asheville, NC 28805

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Andy Ferrell
FH 1524 SUNSET ROAD, LLC
P.O. Box 681028
Charlotte, NC 28216
NORTH CAROLINA
Environmental Quality
June 6, 2023
Expiration of Acceptance: 12/6/2023
Project: Sunset Road County: Catawba
This is a conditional acceptance letter.
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
03050101
Non -Riparian Wetland*
0.15
Won -riparian wetland credit is not available in this service area. In accordance with the directive
from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and
piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian
wetland mitigation credits. 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 [e-mail].
Sincerely,
Aa�t_&�
FOR James. B Stanfill
Deputy Director
cc: Heath Caldwell, 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

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FIGURE SUNSET ROAD
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1
VICINITY MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
0
Drawn By: Reviewed By:
NRN, ALL LSR
DATE:
e/2o/18
UPDATED 2/3/23 /

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tti�^5f Ott - ,eiar�. - Maps 2023
SUNSET ROAD Drawn By: Reviewed
Mecklenburg Co., NC NRN, ALL LSR
Wetlands and Environmental Planning Group DATE:
Leonard S. Rindner, PLLC. AERIAL MAP
•
[e-mail] -WATERS
[phone] EXISTING CONDITIONS STU■ UPDATED
www.wetlands-epg.com TO • VERIFICATION

FIGURE I I SUNSET ROAD I Drawn By: I Reviewed By:
Mecklenburg Co., NC I NRN, ALL I LSR
USGS MAP DATE:
- WATERS OF THE U.S. - 9/20/18
UPDATED 2/3/23
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION

FIGURE
4
Map Unit Symbol
Map Unit Name
Acres in A01
Percent of AOI
Ce82
Cecil sandy clay loam, 2 to 8
_
37.9
percent slopes, moderately
eroded
26.4°%
Ce02
Cecil sandy clay loam, 8 to 15
percent slopes, moderately
eroded
2.4
4.5°%
EnB
Enon sandy loam, 2to 8
percent slopes
6.3%
En❑
Enon sandy loam, 8 to 15
3.4
percent slopes
MO
Monacan loam, 0 to 2 percent
3.8
7.0%
slopes. frequerrdy flooded
PaE
Ncolet sandy loam, 1510 25
3.8
7.1%
percent slopes
PaF
Faoolet sandy loam, 26 to 45
0_5
0.9
percent slopes
Wks
Wilkes loam, 8 to 15 percent
6.7!
slopes
3.3%
WkF
Wilkes loam, 25 to 45 percent
1_6
slopes
54A
100.0le
Totals for Aran of InUrnat
SUNSET ROAD Drawn By: Reviewed By:
Mecklenburg Co., NC NRN, ALL LSR
DATE:
NRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.- 9/20/18
EXISTING CONDITIONS STUDY UPDATED 2/3/23
SUBJECT TO USACE/NCDEQ VERIFICATION

LOCATION MAP
SCALE: NOT TO SCALE
LOCATION MAP JUN. 01, 2023
Landworks PROJECT NO
Design Group, PA SUNSET CREEK 18064.1
SHEET #
CREATING SPACES TO LIVE, WORK AND PLAY CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 1 of
1230West Morehead Street Suite 304 teL[phone] FH 1524 SUNSET ROAD, LLC SCALE:
Charlotte, NC 28208 fax[phone] NOT TO SCALE

EXISTING SANITARY
SEWER EASEMENT
PERENNIAL STREAM—
(GUTTER BRANCH)
I�
WETLAND C
WETLAN
BUFFERS SHOWN
PER MECK. CNTY. GIS / �r�� t� �W
Q L �J
G
-EX. WALNUT
CREEK
SUBDIVISION
i
NTERMITTENT STREAM B
WETLAND F
1
I
1 r
1
�e >— W
SUNSET HILLS /
GOLF COURSE
I
N
0' 250' 500'
SCALE: 1" = 500'
EXISTING CONDITIONS
L7Landworks SUNSET CREEK
Design Group, PA
CREATING SPACES TO LIVE, WORK AND PLAY CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
1230West Morehead Street Suite 304 teL[phone] FH 1524 SUNSET ROAD, LLC
JUN. 01, 2023
PROJECT NO:
18064.1
SHEET #
2of5
1 " = 500'

WETLAND IMPACT SUMMARY
ROAD CROSSING/ RESIDENTIAL LOTS
IMPACT #1 - WETLAND G : 6,534 SF
PERMANENT WETLAND IMPACT TOTAL: 6,534 SF S��SFT RI
PROPOSED BMP #1
1
EXISTING SANITARY
SEWER EASEMENT
PERENNIAL STREAM
(GUTTER BRANCH)
0
�I
WETLAND C
WETLAN
BUFFERS SHOWN -------------
PER MECK. CNTY. GIS
PROPOSED BMP #2
PROPOSED PERMANENT
ROAD & RESIDENTIAL
LOTS IMPACT #1
TO WETLAND G: 6,534 SF
i
G I
-EX. WALNUT
CREEK
SUBDIVISION
INTERMITTENT STREAM B
WETLAND F
q � I
WETLAND E
1
PROPOSED BMP #3 i Iw
tz
�VLtj
a 0
ul
1 SUNSET HILLS
GOLF COURSE
o
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v i
0 /
0
0' 250' 500'
E /
SCALE: 1" = 500'
a
DATE:
SITE PLAN FOR WETLAND IMPACT JUN. 01, 2023
Landworks SUNSET CREEK PROJECT NO:18064.1
]Design Group, PA CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SHEET#
00 CREATING SPACES TO LIVE, WORK AND PLAY 3of5
al 1230 West Morehead Sweet Suite 304 teL [phone] I FH 1524 SUNSET ROAD, LLC [sc �t: I
Charlotte, INC 28208 fax [phone] " = 500'

`;'`r2, �qrF 0 ' ' 60
o j/ i1V�
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PROPOSED PERMANENT
ROAD & RESIDENTIAL /
L
^• _ �_ / LOTS IMPACT #1 /
TO WETLAND G: 6,534 SF /
(ROAD IMPACT: 11176 SF
LOTS IMPACT: 5,358 SF)
�g -- �� _ �' ����C/ WETLAND G /
�
_ T
cj
/ Q
Y i
N p 1-40 o�y%
-1740 55
PROP. STORM
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7n„ // l� l CREEK
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SUBDIVISION
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1;
0' 30' 60'
SCALE 1 60'
WETLAND IMPACT FOR ROAD & RESIDENTIAL LOTS # 1 JUN. 01, 2023
Landworks PROJECT NO
SUNSET CREEK 18064.1
Design Group, PA SHEET#
CREATING SPACES TO LIVE, WORK AND PLAY CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 4 of 5
1230West Morehead Street Suite 304 teL[phone] FH 1524 SUNSET ROAD, LLC SCALE:
Charlotte, NC 28208 fax [phone] " = 60'

WATER QUALITY NOTES:
1. WATER QUALITY BMP'S SHALL BE INSTALLED
IN ACCORDANCE WITH CITY OF CHARLOTTE
POST CONSTRUCTION CONTROLS ORDINANCE
(PCCO), AND THE MECKLENBURG COUNTY
BMP DESIGN MANUAL.
2. BMP DESIGN AND CONSTRUCTION SHALL BE
APPROVED BY CITY OF CHARLOTTE
ENGINEERING DEPARTMENT
PROPOSED BMP #1
BMP # 1 OUTFALL PIPE
WITH RIP -RAP
I
EXISTING SANITARY
SEWER EASEMENT
PERENNIAL STREAM
(GUTTER BRANCH)
WETLAND C
BMP # 2 OUTFALL PIPE
WITH RIP -RAP
WETLAND D
BUFFERS SHOWN
PER MECK. CNTY. GIS
PROPOSED BMP #2
PROPOSED BMP #3
ii d ��
BMP # 3 OUTFACE PIPE —
ry j
II
D J
PROPOSED PERMANENT
ROAD & RESIDENTIAL
LOTS IMPACT #1
TO WETLAND G: 6,534 SF
WETLAND G
EX. WALNUT
CREEK
SUBDIVISION
INTERMITTENT STREAM B
/
WETLAND F
,P <
WETLAND E
1
w
O a
0
SUNSET HILLS /
GOLF COURSE /
/ 0' 250' 500'
/ SCALE: 1" = 500'
Landworks WATER QUALITY MASTER PLAN JUN. 01, 2023
7
PROJECT NO:
SUNSET CREEK 18064.1
Design Group, PA SHEET#
CREATING SPACES TO LIVE, WORK AND PLAY CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 5of5
1230West Morehead Street Suite 304 teL[phone] FH 1524 SUNSET ROAD, LLC SCALE:
Charlotte, INC 28208 fax [phone] " = 500'

O
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jurisdictional
Determination Information

I
.11 Ile
r
POTENTIALLY JURISDICTIONAL�J I
' POTENTIALLY !
r r • TRIBUTARY B
-520 LF __ A JURISDICTIONAL WETLAND G
-0.15 AC
10
---- .
POTENTIALLY-
JURISDICTIONALWETLANDC POTENTIALLY JURISDICTIONAL
-0.05ACy WETLAND
0.02 AC
POTENTIALLY y 5 r k
JURISDICTIONAL WETLAND D 0 •5� I I s
I {
+ -0.03 AC
' I`i I' 1
w ' J
} - JURISDICTIONAL TRIBUTARY
�1
rti GUTTER BRANCH
' POTENTIALLY -1,286 LF r
- 1
JURISDICTIONAL
- WETLAND E
-0.008 AC i
t r PROJECT BOUNDARY
STUDY LIMITS
7 3 '—-56.125 +/- AC
USACE VERIFICATION 10/4/19 ` -'J r tirx
LEGENC
Project boundary study limits
-no Stream r 4
*
Wetland ' r•ip
4 w
Landscape pho#oldirection y- J }
•P
FIGURE NO. SUNSET ROAD Drawn By: Reviewed
Mecklenburg Co., NC NRN LSR
• DATE:
• • DELINEATION MAP 6/18/19
-WATERS OF THE U.S.- Updated 6/1/23
•
EXISTING CONDITIONS STUDY
� • � SUBJECT TO USACE/NCDEQ VERIFICATION

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NCWAM

NC WAM WETLAND ASSESSMENT FORM
Accompanies User Manual Version 5
USACE AID#: 2019-01297 NCDWR #:
Project Name Sunset Road Date of Evaluation 6/5/2023
Applicant/Owner Name Andy Ferrell Wetland Site Name Wetland G
Wetland Type Headwater Forest Assessor Name/Organization H. Caldwell
Level III Ecoregion Piedmont Nearest Named Water Body Gutter Branch
River Basin Catawba USGS 8-Digit Catalogue Unit 03050101
County Mecklenburg NCDWR Region Mooresville
a Yes No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.319226,-80.893723
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if
appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited
to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby
septic tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? .` Yes 4 No
Regulatory Considerations - Were regulatory considerations evaluated? he Yes No If Yes, check all that apply to the assessment area.
Anadromous fish
Federally protected species or State endangered or threatened species
NCDWR riparian buffer rule in effect
Abuts a Primary Nursery Area (PNA)
Publicly owned property
N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
Designated NCNHP reference community
Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
Blackwater
'." Brownwater
Tidal (if tidal, check one of the following boxes) .'-_ Lunar �-- Wind d Both
Is the assessment area on a coastal island? `- Yes 4 No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? C Yes he No
Does the assessment area experience overbank flooding during normal rainfall conditions? i Yes 4 No
1. Ground Surface Condition/Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure
(VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable,
then rate the assessment area based on evidence of an effect.
GS VS
fi A A Not severely altered
4 B 4 B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing,
less diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and
duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only,
while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
A : A Water storage capacity and duration are not altered.
B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
be C h - C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation
change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief —assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland
type (WT).
AA WT
3a. A A Majority of wetland with depressions able to pond water > 1 foot deep
B B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
C C Majority of wetland with depressions able to pond water 3 to 6 inches deep
D : D Depressions able to pond water < 3 inches deep
3b. A Evidence that maximum depth of inundation is greater than 2 feet
B Evidence that maximum depth of inundation is between 1 and 2 feet
: C Evidence that maximum depth of inundation is less than 1 foot
4. Soil Texture/Structure —assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape
feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for

regional indicators.
4a. i A Sandy soil
B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
C Loamy or clayey soils not exhibiting redoximorphic features
D Loamy or clayey gleyed soil
f E Histosol or histic epipedon
4b. A Soil ribbon < 1 inch
B Soil ribbon >_ 1 inch
4c. 4 A No peat or muck presence
B A peat or muck presence
5. Discharge into Wetland -opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub).
Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
A t: A Little or no evidence of pollutants or discharges entering the assessment area
B C` B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
C f C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use - opportunity metric (skip for non -riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources
draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the
assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers
are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion.
WS 5M 2M
F0_ A F,-' A F',_* A >_ 10% impervious surfaces
F B F B F B Confined animal operations (or other local, concentrated source of pollutants)
F C F C F C >_ 20% coverage of pasture
F D F D F D >_ 20% coverage of agricultural land (regularly plowed land)
71' E F' E FO E >_ 20% coverage of maintained grass/herb
F_ F F F F F >_ 20% coverage of clear-cut land
F_ G F G F G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in
the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the
assessment area.
Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
r'-- Yes is No If Yes, continue to 7b. If No, skip to Metric 8.
7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
Q` A >_ 50 feet
C B From 30 to < 50 feet
C C From 15 to < 30 feet
C D From 5 to < 15 feet
r E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
r`-- <_ 15-feet wide C- > 15-feet wide C- Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
-- Yes C No
7e. Is tributary or other open water sheltered or exposed?
Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic.
Exposed - adjacent open water with width >_ 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes
and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp
Forest only)
Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the
assessment area (WC). See User Manual for WT and WC boundaries.
WT WC
C A C A >_ 100 feet
C B C B From 80 to < 100 feet
C` C f C From 50 to < 80 feet
C` D C` D From 40 to < 50 feet
C E C E From 30 to < 40 feet
C F C F From 15 to < 30 feet
C` G C` G From 5 to < 15 feet
C H r': H < 5 feet
9. Inundation Duration - assessment area condition metric (skip for non -riparian wetlands)
Answer for assessment area dominant landform.
CO A Evidence of short -duration inundation (< 7 consecutive days)
B Evidence of saturation, without evidence of inundation
C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition - assessment area condition metric (skip for non -riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
i i A Sediment deposition is not excessive, but at approximately natural levels.
,' - B Sediment deposition is excessive, but not overwhelming the wetland.

- C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select " K" for the FW column.
WT WC FW (if applicable)
f A C A f' A >_ 500 acres
f' B f' B f' B From 100 to < 500 acres
f C C C f' C From 50 to < 100 acres
f D C D f D From 25 to < 50 acres
f E f E f' E From 10 to < 25 acres
C` F C` F C` F From 5 to < 10 acres
f� G G f` G From 1 to < 5 acres
H CH f'H From 0.5 to < 1 acre
I (0-1 (0-1 From 0.1 to < 0.5 acre
J J f' J From 0.01 to < 0.1 acre
K f' K f' K < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
A Pocosin is the full extent (>_ 90%) of its natural landscape size.
- B Pocosin is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous
metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility
line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide.
Well Loosely
f` A f- A >_ 500 acres
C B 0 B From 100 to < 500 acres
f C ( C From 50 to < 100 acres
G D f' D From 10 to < 50 acres
f E f' E < 10 acres
f- F f' F Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
� _- Yes � _- No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect— wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut,
select option "C."
A 0
14 B 1 to 4
f-"C 5to8
15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat)
A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
f B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or
clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
• C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in
at least one stratum.
16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
C" A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics).
G B Vegetation diversity is low or has > 10% to 50% cover of exotics.
f C Vegetation is dominated by exotic species (>50% cover of exotics).
17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
is Yes C- No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
ii A >_ 25% coverage of vegetation
C- B < 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure
in airspace
above the assessment area (AA) and the wetland type (WT) separately.
AA
WT
of�
A
C A
Canopy closed, or nearly closed, with natural gaps associated with natural processes
m
t: B
ri B
Canopy present, but opened more than natural gaps
U
T
f' C
f C
Canopy sparse or absent
o
fs A
G A
Dense mid-story/sapling layer
C' B
f B
Moderate density mid-story/sapling layer
f C
C C
Mid-story/sapling layer sparse or absent
s t` A C- A Dense shrub layer
r t B C` B Moderate density shrub layer
f: C fi C Shrub layer sparse or absent

s C- A f ` A Dense herb layer
a� i': B is B Moderate density herb layer
_ . C CI.— C Herb layer sparse or absent
18. Snags — wetland type condition metric (skip for all marshes)
A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability).
1. B Not A
19. Diameter Class Distribution — wetland type condition metric (skip for all marshes)
A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
- B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH.
fi C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric (skip for all marshes)
Include both natural debris and man -placed natural debris.
' " A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
'• B Not A
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater
Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
A ?__ B f-" C
4 D
r-•__ -, r-�.. - �, ram,,
f---,, r -�.
22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization,
diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
f A Overbank and overland flow are not severely altered in the assessment area.
B Overbank flow is severely altered in the assessment area.
f: C Overland flow is severely altered in the assessment area.
D Both overbank and overland flow are severely altered in the assessment area.
Notes
Area of Wetland G was severly manipulated/ditched and cleared in and prior to 1978. The area remained maintained through 2001. Site
characterized by pine plantations and mixed hardwoods.

NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0
Wetland Site Name Wetland G
Date
6/5/2023
Wetland Type Headwater Forest
Assessor Name/Organization
H. Caldwell
Notes on Field Assessment Form (Y/N)
YES
Presence of regulatory considerations (Y/N)
NO
Wetland is intensively managed (Y/N)
NO
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N)
NO
Assessment area is substantially altered by beaver (Y/N)
NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N)
NO
Assessment area is on a coastal island (Y/N)
NO
Sub -function Rating Summary
Function Sub -function
Metrics
Rating
Hydrology Surface Storage and Retention
Condition
LOW
Sub -Surface Storage and Retention
Condition
HIGH
Water Quality Pathogen Change
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence? (Y/N)
NO
Particulate Change
Condition
MEDIUM
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Soluble Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Physical Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Habitat Physical Structure
Condition
LOW
Landscape Patch Structure
Condition
LOW
Vegetation Composition
Condition
LOW
Function Rating Summary
Function Metrics/Notes
Rating
Hydrology Condition
MEDIUM
Water Quality Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Habitat Condition
LOW
Overall Wetland Rating LOW

Previous Approvals

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01297 County: Mecklenburg U.S.G.S. Quad: NC- Mountain Island Lake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
FH 1524 Sunset Road, LLC
Andy Ferrell
Address:
P.O. Box 681028
Charlotte, NC 28216
Telephone Number:
[phone]
E-mail:
andysferrell()i mail.com
Size (acres) 54.6 Nearest Town Charlotte
Nearest Waterway Gutter Branch River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.3165
Longitude:-80.8955
Location description: The review area is located on the south side of Sunset Road; approximately 0.5 miles southeast of the
intersection of Sunset Road and Oakdale Road. PINs: 03704302, 03704301, 03740104, and 03703216. Reference review area
description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and Dated 09/20/18.
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 DATE. 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.
❑ 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

SAW-2019-01297
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 Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&u sace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 4/27/2021.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determmation 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 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 05/11/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: 2021.04.27 14:20:17-04'00'
Date of JD: 4/27/2021 Expiration Date of JD: 03/11/2026

SAW-2019-01297
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/f?p=136:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Grout)
Daniel Kuefler
Address: 10612-D Providence Road
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler( )wetlands-et)g.com
Property Owner:
N/A
David McCallum
Address:
2904 Oakdale Road
Charlotte, NC 28277
Telephone Number:
[phone]
E-mail:
JeffMcCallum(a)att.net

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: FH 1524 Sunset Road, LLC, And Ferrell File Number: SAW-2019-01297
Date: 4/27/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
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 opportunit 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: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 4/27/2021
ORM Number: SAW-2019-01297
Associated JDs: SAW-2019-01297 (PJD issued 02/03/20)
Review Area Location': State/Territory: City: Charlotte County/Parish/Borough: Mecklenburg
Center Coordinates of Review Area: Latitude 35.3165 Longitude-80.8955
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
DX There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination
N/A I N/A
C. Clean Water Act Section 404
Territorial Seas and Traditional Navi able Waters a 1 waters :3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Gutter
1,286
linear
(a)(2) Perennial
Gutter Branch's flow regime was verified during
Branch
feet
tributary
the Corps site visit.
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Stream B
520
linear
(a)(2)
Stream Bs flow regime was verified during the
feet
Intermittent
Corps site visit.
tributary
' Map(s)/figure(s) are attached to the AJD provided to the requestor.
' If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
a 3 Name
a 3 Size
a 3 Criteria
Rationale fora 3 Determination
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Wetland C
0.049
acre(s)
(a)(4) Wetland
Wetland C is flooded by Gutter Branch during a
inundated by
typical year.
flooding from
an (a)(1)-(a)(3)
water in a
typical year.
Wetland D
0.029
acre(s)
(a)(4) Wetland
Wetland D is flooded by Gutter Branch during a
inundated by
typical year.
flooding from
an (a)(1)-(a)(3)
water in a
typical year.
Wetland E
0.008
acre(s)
(a)(4) Wetland
Wetland E is flooded by Gutter Branch during a
inundated by
typical year.
flooding from
an (a)(1)-(a)(3)
water in a
typical year.
Wetland F
0.019
acre(s)
(a)(4) Wetland
Wetland F is flooded by Gutter Branch during a
inundated by
typical year.
flooding from
an (a)(1)-(a)(3)
water in a
typical year.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Wetland G
0.13
acre(s)
(b)(1) Non-
Wetland G has no connection to downstream
adjacent
waters.
wetland.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
Information submitted by, or on behalf of, the applicant/consultant: Figures 1-6
This information is sufficient for purposes of this AJD.
Rationale: N/A
❑ Data sheets prepared by the Corps: -le(s) and/or date(s).
❑x Photographs: Aerial and Other: Figure 2, Aerial Map (Date 09/20/18), Figure 6, Delineation Map
(Dated 02/20/21) and Photographs 1-12
G Corps site visit(s) conducted on: 05/06/21
❑x Previous Jurisdictional Determinations (AJDs or PJDs): SAW-2019-01297 (PJD Issued 02/03/20)
❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
Cxl USDA NRCS Soil Survey: Figure 4, NRCS Published Soils Map (Soil Survey of Mecklenburg
County Dated 1980)
G USFWS NWI maps: le(s) and/or date(s,
0 USGS topographic maps: Figure 3, USGS Map (7.5-minute quadrangle Mountain Island Lake, NC)
Other data sources used to aid in this determination:
Data Source select
Name and/or date and other relevant information
JSGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
Stream Reach Evaluation Form Dated 06/18/19
Other Sources
Figure 1, Vicinity Map (Dated 09/20/18) and Figure 5, Parcel Map (Dated
02/20/21
B. Typical year assessment(s): The consultant (i.e., Wetlands and Environmental Planning Group)
conducted a site visit on 06/18/19. The Antecedent Precipitation Tool (APT) was used for this date
and determined the site was under wetter than normal conditions. The Corps conducted a site visit
on 05/06/21. The APT was used for this date and determined the site was under normal conditions.
C. Additional comments to support AJD: See Section II(D)Excluded Waters or Features for further
analysis on Wetland G.
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020 updated

e,
NCDEQ STREAM
FORM B
FL ti
JURISDICTIONAL
r• TRIBUTARY B EXCLUDED WATER
-520 LF WETLAND G
-0.013 AC
7
JURISDICTIONAL 8 5
WETLAND C
JURISDICTIONAL
-0.049 AC WETLAND F
-0.019 AC
4
r 9
JURISDICTIONAL 2 USACE
WETLAND D
3
-0.029 AC
JURISDICTIONAL TRIBUTARY
GUTTER BRANCH
-1,286 LF
JURISDICTIONAL
USACE
WETLAND E
Y -0.008 AC UPLAND
DP1
12 _t . .
r I W-1 16. P9 rb
PROJECT BOUNDARY
e GJC)f
STUDY LIMITS
, - __ .
LEGEND
Project boundary study limits
#%P Stream
Wetland IL % LP
Landscape photuddirection
FIGURE SUNSET ROAD Drawn By: Reviewed
6 Mecklenburg Co., NC NRN ALL
• DATE:
DELINEATION MAP 6/18/19
-WATERS OF THE U.S.-
\ • EXISTING CONDITIONS STUDY Updated 2/20/!V
21
SUBJECT TO USACEINCDEQ VERIFICATION

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01297 County: Mecklenburg U.S.G.S. Quad: NC- Mountain Island Lake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
FH 1524 Sunset Road, LLC
Andy Ferrell
Address:
Post Office Box 68102E
Charlotte, NC 28216
Telephone Number:
980-721-5177
E-mail:
AndysFerrell(a gmail.com
Size (acres) 51.1 Nearest Town Charlotte
Nearest Waterway Gutter Branch River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.3165
Longitude:-80.8955
Location description: The review area is located on the south side of Sunset Road, 0.5 miles southeast of the intersection of
Oakdale Road and Sunset Road. PINS: 03704302, 03704301, 03740104, and 03703216.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/18/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ 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

SAW-2019-01297
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.shaeffernusace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2/3/2020.
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 an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
Q SHAEFFER.DAVID.LEIGH.1260750573
Corps Regulatory Official: 1• Date: 2020.02.03 13:07:19 -05'00'
Date of JD: 2/3/2020 Expiration Date of JD: Not applicable

SAW-2019-01297
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_apcx/t'?p= 1 '36:4:0
Copy furnished:
Agent: Leonard S. Rindner, PLLC, WEPG
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(awetlands-eng.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: FH 1524 Sunset Road, LLC, Andy Ferrell File Number: SAW-2019-01297 Date: 2/3/2020
Attached is:
See Section below
PROFFERED PERMIT (Standard Permit or Letter of ermission)
A
RED PERMTT Standard Permit or Letter of ermission)
B
DENIAL
LAPPROVED
C
JURISDICTIONAL DETERMINATION
D
INARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies ydEr rights ding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.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 terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section IT of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. 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 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 2/3/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: FH 1524 Sunset Road, LLC, Andy Ferrell, Post
Office Box 681028, Charlotte, NC 28216
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sunset Road Site, SAW-2019-
01297
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side
of Sunset Road, 0.5 miles southeast of the intersection of Oakdale Road and Sunset Road. PINS: 03704302, 03704301,
03740104, and 03703216.
(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: 35.3165 Longitude:-80.8955
Universal Transverse Mercator:
Name of nearest waterbody: Gutter Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 10/4/2019 by the Corps
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Geographic
Estimated amount
authority to which
of aquatic
Type of aquatic
Site Number
Latitude (decimal
Longitude (decimal
resources in review
resources (i.e.,
the aquatic
resource "may be"
degrees)
degrees)
area (acreage and
wetland vs. non-
linear feet, if
wetland waters)
subject (i.e.,
applicable
Section 404 or
Section 10/404)
Gutter Branch
35.31710000
-80.89690000
1000 If
Non -wetland
404
Intermittent
35.31740000
-80.89660000
67S If
Non -wetland
404
Stream B
Wetland C
35.31710000
-80.89820000
0.1 ac
wetland
404
Wetland D
35.31710000
-80.89780000
0.1 ac
wetland
404
Wetland E
35.31660000
-80.89620000
0.1 ac
wetland
404
Wetland F
35.31670000
-80.89560000
0.1 ac
wetland
404
Wetland G
35.31940000
-80.89410000
0.15 ac
wetland
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
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 he
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
Map: Figure 6 dated 6/18/2019
® 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 US 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): Photos 1-12 dated 6/18/2019
❑ 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 Corns and should not be relied upon for later jurisdictional determinations.
Digitally signed by
SHAEFFER.DAVID.LEIGH.1 I
60750573
Date: 2020.02.03 13:07:42
-05'00'
Signature and date of Regulatory
staff member completing PJD
2/3/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

?'J 1 NCDEQSTREAM
FORM B
r. 1
r , INTERMITTENT STREAM B �' `
.j
WETLAND G
r :• 0.15ac 4
6 � �
GUTTER BRANCH v
(Perennial Stream) 7
-1,000 If 8 5 WETLAND F
- i
-r
WETLAND C tL 4 /L
0.1 ac 2 n '
f ` 3 USACE WETAND FORM
WETLAND
- po�z-
WETLAND E
0.1 ac USACE
Vp
UPLAND
L+ 5
- J DP1 ti�ti
12 -
�
j - t PROJECT BOUNDARY
STUDY LIMITS l�
i l 1 �4
40
K1
'
0 LS4Z7lMb5 -wit _ ;
FIGURE NO. SUNSET RD Drawn By: Reviewed
6 Mecklenburg Co., INC NRN LSR
• DATE:
DELINEATION MAP
-WATERS OF THE U.S.- 6/18/19
• •= EXISTING CONDITIONS STUDY /
1 •1 SUBJECT TO USACE/NCDEQ VERIFICATION

a-J
L
O
Q
oC
r.
Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For Sunset Road
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
Field investigation on January 31, 2020 and June 5, 2023
Charlotte Office: www.wetiands-epg.com
Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
[phone]
I en. ri nd ner@wet Ian ds -epg. co nn

Sunset Road - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Sunset Road site (+/- 51.11 acres) is located just south of Sunset Road, and
just west of Joel Turner Drive in Charlotte, Mecklenburg County, North Carolina.
It can be found on the Mountain Island Lake, NC USGS Topographic Quadrangle
Map; latitude is 35.3165 N, longitude is-80.8955 W. The topography consists of
gentle slopes, with the elevation ranging from 700 to 770 ft. (Figure 1). The
northern portion of the site has single family homes with lawns and landscaping
along Sunset Road. There is a petroleum pipeline right-of-way along the eastern
boundary and cutting across the southern portion of the site. The remainder of
the site is characterized by pine plantations of various ages and stages of
maturity, and mixed hardwood slopes adjacent to the stream corridor of Gutter
Branch which flows through the site.
Figure 1:
riGU RE NO.I l SUNSET FOA❑ Dor n EY Reviewed sy:
fCD� .k6 nb ulg CO., NC NRN LSR.
USGS MAP DATE:
- MTERS O F TN E U.S. - gM/1E
E%IS'nNG CO ND ITIO NS M NY
5LWELT TO GSAffA ME 4 VEVFfC'Ma''
WEPG 2
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Sunset Road - Threatened /Endangered /Protected Species Evaluation
Figure 2: VICINITY MAP
Ma nd., Place
Ct
Dollar
e
Gemral
-
❑
Q'
.�.r
J
41
kdl
❑
i��
Limted
5rcres
N
Postal
Water
Sa
�
Service
'^
: , `r �C3
r+
a
y
5ancnmryMuch Bed &
y
4i
Breakfast
S(,ns
Y �e
o`
< a944
"glt Ln
Q
a o
mWw4k CIRCIE .
UAW
Ro[kwdl Perk
IX{KB;if
SRE
-cxw�+uE
Al' 'pp Nl+�'wN
E6
µsr"I� harlot
u
J !:
SUNSET k
R r, ra
mote
PROJECT BOUNDARY
E11 R4�
STUDY LIMITS
\,
Q�
SLmer Nibs Public Golf Cou"e
V
at
6*"
❑r
Sumer Hills
N
Raver -dale
Public Goff . t
CoLrle
FIGURE NO.2 SUNSET ROAD
Mecklenburg Co., INC
VICINITY MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
E S UBWECT TO USA CEINCDEQ VERIFIC4 TIO N
Drawn By: Reviewed By-
NRN LSR
DATE
9/20/18
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Sunset Road - Threatened /Endangered /Protected Species Evaluation
Figure 3: AERIAL MAP
WEPG 4
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Sunset Road - Threatened /Endangered /Protected Species Evaluation
Figure 4: SOIL MAP
t n D }fTb 4
i IF I tti
I
4V CtB k
PRO]ECT 6O UNa4RY
- STUDY LIMITS p Q!11'�
�,�, -a
CeN
Enfj
L.na En N
NhP Unit Srmho, MCRUtiIt Naim
AEram In AOi
Pwrmntel Atl
CEB? GeQ XMW 213, Iaa"r), -' L" ?
10-6
„T.B
percam3lo.ec rwagrsmtj
ew%d
CWN"I r— cane* -lar 6—. A t. 1r
14 A
M4Y.
p"m s1o_eE m ilm,"g
BradEd
Ell Emor San=N Imm.2n8
L4
4.5%
P. —I slues
E1D Enzn san_y Icarn. 8 La 'a
&4
0.31
amrxm 310_en
No M_namm Imm, 7 :o 2 P'-r3Ent
S, 6
TAda
mIGPaE' VEgmmmle VwAac
P�F Pr:�I+I sar�ily horn 1A h: 75
q R
7 1�,.
perccnl 310_en
PaF P3xlei tara4 kam i5 cc'16
0.S
0.9%
p,r�m 3io"_8n
Wkn �Mtkwc kwn R m. M1—mit
4 R
R ►Y.
WRI'- mWk hDI11 25C 95 dermi'd
!.b
33%.
3LF99
55-3
100.014
Tbrala rnr Aran of Htar'nu
FIGURE NO -
SUNSET ROAD
Mecklenburg Co., NC
NRCS PUBLISHED SOILS MAP
N ATE RS OF THE U.S,-
'F
ENISTING CO NDIT10 NS STUDY
SilaiECT TO USACEINCDEQ V R?FtCATION
Drawn By: Reviewed By:
NRN LSR
DATE:
9f20j18 1
Wetlands and Environmental Planning Group
Leonarcl S. Rindner, PLLC.

Sunset Road - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service IPaC website
https://ipac.ecosphere.fws.gov/location/PVAVM2C2WJA2JIMSHM6SOPJOM4/re
sources was referenced to determine the occurrence of Threatened, Endangered
and Protected species for the Sunset Road site, the results of which are listed
below (Table 1). Maps and aerial photographs were assembled, and the site
was investigated during the weeks of January 6, 2020, and June 5, 2023.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
*Source: US Fish & Wildlife Service - IPaC
**Data search on January 6, 2020 ***Updated June 5, 2023
Group
Vascular
Plants
Vascular
Plants
Vascular
Plants
Vertebrate
Vertebrate
Name Status
Smooth Coneflower (Echinacea laevipata) Endangered
Schweinitz's Sunflower (Helianthus schweinitzii) Endangered
Michaux's Sumac (Rhus michauxii)
Tricolored Bat (Perimyotis subflavus)
Bald Eagle (Haliaeetus leucocephalus)
Endangered
Proposed
Endangered
Protected under the
Bald and Golden
Eagle Protection Act
Wetlands and Environmental Planning Group
31

Sunset Road - Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
Three plant species with federal protection are listed as potentially occurring on
the subject site:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights -of -way (ROW).
Smooth Coneflower (Echinacea laevigata), listed as Federally
Endangered, is typically found in open woods, cedar barrens, roadsides,
clear cuts, dry limestone bluffs and power line rights -of -way, requiring
abundant sunlight and little competition from other plant species.
Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
Two animal species with federal protection are listed as potentially occurring on
the subject site:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of
open water such as lakes, marshes, seacoasts and rivers, where there are
suitable fish populations and tall trees for nesting and roosting.
Tricolored Bat (Perimyotis subf/avus), proposed Endangered, is often
found in caves, abandoned mines, and road culverts during winter. During
the spring, summer, and fall, tricolored bats are found in forested habitats
where they roost in trees. Tricolored bats face extinction due primarily to
the range wide impacts of white -nose syndrome, a deadly disease
affecting cave -dwelling bats across the continent.
RESULTS:
The northern portion of the site has single family homes with driveways,
fencelines, lawns and landscaping along Sunset Road. A small overhead power
line parallels the road corridor, and a petroleum pipeline right-of-way runs along
the eastern boundary, also cutting across the southern portion of the site.
The majority of the site is characterized by Loblolly Pine (Pinus taeda) planted in
large groves of various ages and stages of maturity, and mixed hardwood slopes
adjacent to Gutter Branch which flows through the site.
WEPU 7
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Suns(,t Road - Threatened /Endanger(,d / M-ntected Speciec Evaluation
The stream corridors and lower slopes include tree species of Willow Oak
(Quercus phellos), White Oak (Q. a/ba), Southern Red Oak (Q. fa/cata), Sweet
Gum (Liquidambar styraciflua), American Elm (Ulmus americans), Tulip Poplar
(Liriodendron tulipifera), and Red Maple (Acerrubra). Sub -canopy species
include Red Cedar (Juniperus virginiana), Southern Magnolia (Magnolia
grandiflora), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Corpus
f/orida), and American Holly (Ilex opaca). Chinese Privet (Ligustrum sinense) is
the primary shrub species present. Vines observed were Japanese Honeysuckle
(Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron
radicans), and Catbrier (Smilax sp.). Herbs present include Christmas Fern
(Po/ystichum acrostichoides), Ebony Spleenwort (Asp/enium p/atyneuron),
Japanese Stiltgrass (Microstegium vimineum), Panic Grass (Panicum sp.), False
Nettle (Boehmeria cylindrica), and Knotweed (Po/ygonum sp.).
Transitional vegetated strips along the wood's edges, trails and roadsides are
dominated by common species such as Goldenrod (Solidago sp.), Ragweed
(Ambrosia artemisiifolia), Rabbit Tobacco (Gnapthalium obtusifolium), and
Pokeweed (Phyto/acca americans). The underground petroleum pipeline has dirt
trails and access road and is planted in mixed turf grass that is maintained by
regular mowing. The overhead power line along Sunset road is mostly mowed
turf grass and weedy patches dominated by Broomsedge (Andropogon
virginicus).
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower along the transitional
areas and woods edges were examined, and the species was not
observed. WEPG concludes Schweinitz's Sunflower (Helianthus
schweinitzii) does not occur on the site.
• All potential habitats for Smooth Coneflower along the transitional areas
and woods edges were examined, and the species was not observed.
WEPG concludes Smooth Coneflower (Echinacea /aevigata) does not
occur on the site.
• All potential habitats for Michaux's Sumac along the transitional areas and
woods edges were examined, and the species was not observed. WEPG
concludes Michaux's Sumac (Rhus michauxii) does not occur on the site.
• No habitat exists on the site for Bald Eagles. WEPG concludes Bald Eagle
(Haliaeetus /eucocepha/us) does not occur on the site.
WEPG
Wetlands and Environmental Planning Group

Sunset Road - Threatened /Endangered /Protected Species Evaluation
• Guidance from the USFWS Asheville office as of the report date indicates
no action is required under section 7 of the Endangered Species Act for
the Tricolored Bat (Perimyotis subf/avus).
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
Lisa R. Gaffney
Biologist
January 31, 2020
*Updated June 6, 2023
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Sunset Road - Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 65,000 acres in North and South Carolina, 1996 -
present.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis nanif/ora).
• Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
This discovery led (in part) to the purchase of the site by the State of North
Carolina Plant Conservation Program, now called Redlair Preserve. This
population has become a Recovery Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.
WEPG 10
Wetlands and Environmental Planning Group

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Information Provided by HPOWEB 2.0: The North
Carolina State Historic Preservation office GIS Web
' Service (General Audience)
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SUNSET ROAD Drawn By: Reviewed
Mecklenburg Co., NC ALL LSR
DATE:
AERIAL MAP
-WATERS OF THE U.S.- 6/1/23
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION