20191168 Ver 2_2024-0017_Miranda Village_NWP_4.12.24_20240412

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
Date: March 20, 2024
To: Doug Perez
U.S. Army Corps of Engineers, Charlotte Regulatory Office
Andrew Pitner
NCDWR, 401 & Buffer Permitting Unit
Mooresville Regional Office
Subject: Resubmittal of PCN Pursuant to Nationwide Permit Nos. 29 and 18
Miranda Village (SAW-2018-01344)
Charlotte, North Carolina
CWS Project No. 2024-0017
Dear Mr. Perez and Mr. Pitner,
The Miranda Village Site is approximately 113 acres in extent and is located west of the Beatties Ford Rd
and Miranda Road intersection, in Charlotte, North Carolina (Figures 1 and 2, Attachment D). Denali REF
LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services
for this project.
On behalf of Denali REF LLC, Carolina Wetland Services is submitting a Pre -Construction Notification
pursuant to Nationwide Permit Nos. 29 and No. 18 to the U.S. Army Corps of Engineers for proposed
impacts to four jurisdictional wetlands. These impacts include the filling of 0.08 ac. of wetland. The proposed
impacts are associated with developing the property into a single-family residential development. An
executed Agent Authorization Form is attached (Attachment B).
On March 13, 2024 CWS reviewed the jurisdictional features on -site. The jurisdictional boundaries have not
changed from the Approved Jurisdictional Determination, dated January 6, 2020 (Attachment C).
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-7
Attachment B - Agent Authorization Form
Attachment C - Expired Permit Verification and Approved Determination (SAW-2018-01344)
Attachment D - Proposed Impacts - No Change from 2018
Attachment E - Protected Species Assessment - Updated March 2024
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this request.
Sincerely,
Megan Bollero, PWS
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager

Miranda Village
Attachments
March 20, 2024
CWS Project No. 2024-0017
ATTACHMENT A:
Figures 1-7

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REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2022.
SCALE:
1 inch = 5,000 feet
DATE:
3/28/2024
Vicinity Map
FIGURE NO.
CWS PROJECT NO:
2024-0017
DRAWN BY:
MLB
Miranda Village
COORDINATES:
CHECKED BY:
CAR ❑ L 1 N A
Mecklenburg County
35.331093,-80.879556
AVH
VIETLAND SERVICES
Charlotte, North Carolina
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CWS PROJECT NO: DRAWN BY:
2024-0017 MLB
COORDINATES: CHECKED BY: CAR ❑ L 1 N A
35.331093,-80.879556 AVH WETLAND SERVICES
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Legend
C J Project Limits (113 ac.)
2,000 1,000 0 2,000 Feet
FIGURE NO.
USGS Topographic Map
Miranda Village
Mecklenburg County
Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\PETS\ArcGIS\Figure1_USGS.mxd

G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\ArcGIS\Figure3_Aerial.mxd

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No 16.2
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Project Limits (113 ac.)
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REFERENCE: USDA-NRCS WEB SOIL SURVEY
OF MECKLENBURG COUNTY,
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SCALE: DATE:
1 inch = 1,000 feet
3/28/2024
USDA-NRCS Web Soil Surve
FIGURE NO.
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of Mecklenburg County
CWS PROJECT NO: DRAWN
BY:
2024-0017
MLB
Miranda Village
COORDINATES: CHECKED BY:
GAR ❑ L I N A
Mecklenburg County
2
35.331093,-80.879556 1
AVH
WETLAND SERVICES
Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\PETS\ArcGIS\Figure2_CurrentSoils.mxd

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EnB Enon sandy loam, 2 to 8 percent slopes No CeB`.' , Eng T a
EnD Enon sandy loam, 8 to 15 percent slopes Noe-
HeB Helena sandy loam, 2 to 8 percent slopes Yes RZ Legend i
MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes
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W Water No - J Project Limits (113 ac.)
WkB Wilkes loam, 4to 8 percent slopes No
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REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF MECKLENBURG COUNTY, INC, SHEETS 3 AND 4, DATED 1980.
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SCALE: DATE: USDA-NRCS Published Soil Survey FIGURE NO.
1 inch = 2,000 feet 3/28/2024 Y
CWS PROJECT NO: DRAWN BY: of Mecklenburg County
2024-0017 MLB Miranda Village
COORDINATES: CHECKED BY: GAR ❑ L I N A Mecklenburg County
35.331093,-80.879556 Al WETLAND SERVICES Charlotte, North Carolina 5
G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\ArcGIS\Figure5_HistoricSoils.mxd

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REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2022.
BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2023.
SCALE: DATE:
1 inch = 1,000 feet 3/28/2024
CWS PROJECT NO: DRAWN BY:
2024-0017 MLB
COORDINATES: CHECKED BY: GAR ❑ L I N A
35.331093,-80.879556 AVH WETLAND SERVICES
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Project Limits (113 ac.)
Roads
National Wetland Inventory
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® Freshwater Forested/Shrub Wetland
Freshwater Pond
- Riverine
C-
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oCO�o 1,0 00 500 0 1, 000 Feet
ono CI
FIGURE NO.
National Wetland Inventory
Miranda Village
Mecklenburg County
Charlotte, North Carolina 6
G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\ArcGIS\Figure6_NWl.mxd

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Legend
V Project Limits (113 ac.)
Z_' Perennial Stream
Intermittent Stream
z Pond
Na
A �0011 Isolated Pond
Z Wetlands
oOldbr a - Z� L I Roads
Tax Parcels
REFERENCE BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2019.
NOTE JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED
USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON JUNE 7,8, AND 13,2018 AUGUST 27,2018 AND SEPTEMBER 7, 700 350 0 700 Feet
2018 JURISDICTIONAL FEATURES HAVE BEEN FIELD VERIFIED BYTHE USACE. PROPERTY BOUNDARY EXTENT
CALCULATED IN GIS AND MAY NOT REFLECT COUNTY TAX PARCEL INFORMATION.
SCALE:1 inch = 700 feet DATE: 3/28/2024 Jurisdictional Boundaries FIGURE NO.
CWS PROJECT NO DRAWN BY Overview
2019-0185 JKM Miranda Village
COORDINATES CHECKED BY CAR OLINA Mecklenburg County 7
35.331093, -80.879556 1 CAG VIETILANID SERVICES Charlotte, NC
G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\ArcGIS\Figure7 JD.mxd

Wetland Waters of the US
Wetland AA: 0.03 acre
Vr
Jurisdictional Pond A:
0.84 acre
Wetland Waters of the US
Wetland CC: 0.11 acre
Legend
LProject Limits (113 ac.)
Perennial Stream
® Wetlands
Pond
® Isolated Pond
Roads
Tax Parcels
•DP Data Point
N Photo Location and Direction
Wetland Waters of the US
Wetland DD: 0.02 acre y
P5
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A
4 D
es Fi4ure 7b
Wetland Waters of the US
Wetland BB: 0.14 acre
•D
Wetland Waters of the US I I
Wetland HH: 0.08 acre
Isolated, Non-404
Water of the State
Pond B: 0.75 acre
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2017.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED
USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON JUNE 7, 8, AND 13, 2018; AUGUST 27, 2018; AND SEPTEMBER 7, 350 175 0 350 Feet
2018 JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BYTHE USACE. PROPERTY BOUNDARY EXTENT
CALCULATED IN GIS AND MAY NOT REFLECT COUNTY TAX PARCEL INFORMATION.
SCALE: DATE: FIGURE NO.
1 inch = 350 feet 3/28/2024 Jurisdictional Boundaries North
CWS PROJECT NO: DRAWN BY:
2019-0185 JKM Miranda Village 7a
COORDINATES: CHECKED BY: CAR ❑ L I N A Mecklenburg County
35.331093,-80.879556 CAG WETLAND SERVICES Charlotte, NC
G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\ArcGIS\Figure7_JDNorth.mxd

Non -wetland Waters of the US Matches Figure 7a
Intermittent Stream B: 101 If (on -site flow)
1 SCP1
No
v \ • DP(
P 8&� I DP74
� 76 N
Non -wetland Waters of the US
McIntyre Creek (Stream A): 2,064 If
(right bank flagged)
II
Wetland Waters of the US
Wetland EE: 0.02 acre
o
Legend
Wetland Waters of the US
Wetland GG: 1.8 acres
Project Limits (121.0 ac.)
�3o
Perennial Stream
- - - - Intermittent Stream
Wetlands
—f
Tax Parcels
.c
o ` Wetland Waters of the US
Wetland FF: 0.36
Roads
acre
ASCP Stream Classification Point
ODP Data Point
�o
N Photo Location and Direction
< Indicates Flow
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2017.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED
USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON JUNE 7, 8, AND 13, 2018; AUGUST 27, 2018; AND SEPTEMBER 7,
350 175 0 350 Feet
2018 JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BY THE USACE. PROPERTY BOUNDARY EXTENT
CALCULATED IN GIS AND MAY NOT REFLECT COUNTY TAX PARCEL INFORMATION.
SCALE:
1 inch = 350 feet
DATE:
4/17/2019
Jurisdictional Boundaries South
FIGURE NO.
CWS PROJECT NO:
2019-0185
DRAWN BY:Is
JKM
Miranda Village
7b
COORDINATES:
CHECKED BY:
CAR ❑ L I N A
Mecklenburg County
35.331093,-80.879556
CAG
WETLAND SERVICES
Charlotte, NC
G:\Team Drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0185 Miranda Village\JD\ArcGIS\Figure7_JDSouth.mxd

Miranda Village
Attachments
March 20, 2024
CWS Project No. 2024-0017
ATTACHMENT B:
Agent Authorization Form

U.S. Army Corps of Engineers — Wilmington District - Regulatory Division
AGENT AUTHORIZATION
I. PROJECT/SITE INFORMATION
Site Name: Miranda Villaqe
Property Identification Number(s): 03741109, 03741126
I, the undersigned, Denali REF LLC ,hereby authorize Aliisa Hariuniemi , to act on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shall have the same effect as acts of my own.
Denali REF LLC By: Man Global Private Markets (USA) Inc.,
its asset manager
Apr 10, 2024
Signature Date
Name: Kaitlin Carroll
Title: Assistant Secretary
Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area
subject to federal jurisdiction under the regulatory authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made
available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved
jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor
can a jurisdictional determination be issued.
January 2020

Miranda Village
Attachments
March 20, 2024
CWS Project No. 2024-0017
ATTACHMENT C:
Expired Permit Verification and Approved Determination
(SAW-2018-01344)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01344 County: Mecklenburg U.S.G.S. Quad: NC -Mountain Island Lake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Denali Ref, LLC
David Weiss
Address: 425 5th Avenue, 27th Floor
New York, NY 10018
Telephone Number: 980-321-7564
E-mail: david.weiss(dman.com
Size (acres) 121 Nearest Town Charlotte
Nearest Waterway Mclntvre Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.3308
Longitude:-80.8795
Location description: The proiect area is located on the south side of Miranda Road, 0.25 miles northwest of the intersection of
Miranda Road and Beatties Ford Road. PINS: 03741109 and 03315112.
Description of projects area and activity: This verification authorizes the grading and placement of fill material in and the loss of
0.0803 acre of wetlands to facilitate the construction of single-familv residential subdivision.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments and Nationwide Permit 18. Minor Discharges
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 8/8/2020, and the enclosed plans Sheets 1-5 dated 6/6/2019. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide pennit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David L. Shaeffer at 704-510-1437or david.l.shaeffer(a),usace.army.mil.
• /��_ Digit a 020.sign�d by1.221 SHAEEEER.DAVID.LEIGH.1260750573
Corps Regulatory Official: D�1e: �o�o.o1.�� 1 Lsoss-os'oo' Date: 1/22/2020
Expiration Date of Verification: 03/18/2022

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Carolina Wetland Services
Dan Zurlo
Address: 550 East Westinghouse Boulevard
Charlotte, NC 28273
Telephone Number: 717-460-3466
E-mail: dan(acws-inc.net

Action ID Number: SAW-2018-01344 County: Mecklenburg
Permittee: Denali Ref, LLC, David Weiss
Project Name: Miranda Village
Date Verification Issued: 1/22/2020
Project Manager: David L. Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David L. Shaeffer
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
david.l.shaeffer@us ace. army. mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

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SAW-2018-01344
Determination of Jurisdiction:
A. ❑ There are waters, including wetlands on the above described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area 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 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.
C. ® There are waters, including wetlands within the above described project area that are 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the approved -jurisdictional determination form dated 1/06/2020.
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 jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction 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
Phone: [phone]
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 3/20/2020.
**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
JON ES.MICHAEL.SCOTT.1258314073
Corps Regulatory Official: 4 Date: 2020.01.2212:54:26-05'00'
David L. Shaeffer
Date of JD: 1/22/2020
Expiration Date of JD: 1/22/2025

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Denali Ref, LLC, David Weiss File Number: SAW-2018-01344 Date: 1/22/2020
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
F-11
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your righ and options Tgarding an administrative appeal of the above decision.
Additional information may be found at or httb://www.usace.annv.mil/Missions/CivilWorks/Res4ulatorvPros4ramandPennits.asi)x
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
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 1OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 01/06/2020
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Miranda Village, SAW-2018-01344
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project area is located on the south side of Miranda Road,
0.25 miles northwest of the intersection of Miranda Road and Beatties Ford Road. PINs: 03741109 and 03315112.
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3308 , Long.-80.8795
Universal Transverse Mercator:
Name of nearest waterbody: McIntyre Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (FIUC): 03050101
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑Office (Desk) Determination. Date:
®Field Determination. Date(s): 8/10/2018 by the Corps
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑Waters subject to the ebb and flow of the tide.
❑Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
❑TNWs, including territorial seas
❑Wetlands adjacent to TNWs
®Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
❑Non-RPWs that flow directly or indirectly into TNWs
®Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
®Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
®Impoundments of jurisdictional waters
❑Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 2,165 linear feet, 20 wide, and/or acres.
Wetlands: 2.56 acres.
c. Limits (boundaries) of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):3
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: The site contains a pond constructed entirely in uplands. The area where the pond is located is not believed to be
an impoundment of waters of the United States based on the Corps review of the site in the field, topography, and historic
aerial imagery.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as atributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section IILF.

The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section IILA.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILA.1 and 2
and Section IILD.I.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 4.7 square miles
Drainage area: 3.55 square miles
Average annual rainfall: 44 inches
Average annual snowfall: 2 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 10-15river miles from TNW.
Project waters are 1 (or less)river miles from RPW.
Project waters are 5-10 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs: Stream A flows to McIntyre Creek which flows to Long Creek. Long Creek has sections
near the Catawba River that are used by recreational boaters.
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
❑ Artificial (man-made). Explain:
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 20 feet
Average depth: 2 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
® Cobbles ® Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 2 %
(c) Flow:
Tributary provides for:Perennial
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime:
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
®OHWM'(check all indicators that apply):
®clear, natural line impressed on the bank
®changes in the character of soil
®shelving
❑vegetation matted down, bent, or absent
®leaf litter disturbed or washed away
®sediment deposition
❑water staining
❑other (list):
❑ Discontinuous OHWM.' Explain:
® the presence of litter and debris
❑ destruction of terrestrial vegetation
® the presence of wrack line
❑ sediment sorting
❑ scour
® multiple observed or predicted flow events
❑ abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑Mean High Water Mark indicated by:
Roil or scum line along shore objects ❑ survey to available datum,
❑fine shell or debris deposits (foreshore) ❑ physical markings;
❑physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑tidal gauges
❑other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water is turbid, as it is located in an urban watershed with a high percentage of impervious surface.
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Forest for several hundred feet.
®Wetland fringe. Characteristics: Bottomland hardwood.
❑Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: 1.5 acres
Wetland type. Explain: Bottomland hardwood forest.
Wetland quality. Explain:Uknown
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Ephemeral flow. Explain: Surface flow occurs during high rain events.
Surface flow is: Overland sheetflow
Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: Adjacent wetlands Wetland EE/GG/FF are within the
floodplain of Stream A (perennial RPW). Waters flows to Stream A during high flow events. Adjacent Wetland
DD flow to Stream B overland during high flow events.
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 10-15river miles from TNW.
Project waters are 5-10 aerial (straight) miles from TNW.
Flow is from: Wetland to/from navigable waters.
Estimate approximate location of wetland as within the 5 - 10-year floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Water is turbid, as it is located in an urban watershed with a high percentage of impervious
surface.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width): Forested, several hundred feet widhe.
®Vegetation type/percent cover. Explain: Forested 100% cover.
❑Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately 2.56 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts?
(Y/N)
Size (in acres)
Directly abuts? (Y/N)
Size (in acres)
Wetland AA
— Y
0.03
Wetland FF - N
0.36
Wetland BB -
Y
0.14
Wetland GG - N
1.80
Wetland CC —
Y
0.11
Wetland HH — Y
0.08
Wetland DD
— N
0.02
Wetland EE -
N
0.02
Summarize overall biological, chemical and physical functions being performed: Filtration of storm water, habitat for aquatic
organisms, and reduction of storm flow.

C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? Yes
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? Yes
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs? Yes
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW? Yes
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: Wetlands are located within close proximity to RPWs and in the floodplain and/or headwater of these RPWs. It is
well understood that wetlands located within close proximity to and in the floodplains of RPWs substantially contribute to the
chemical, physical, and biological quality and integrity of the RPW and downstream waters.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs: linear feet, wide, Or acres.
❑Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Corps field observations and USGS NHD Data.
® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows
seasonally: Stream B scored 28.5 on the North Carolina DEQ Stream Classification form which indicates seasonal flow.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 2,165 linear 20 feet wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
❑Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW
is jurisdictional. Data supporting this conclusion is provided at Section III.C.
'See Footnote # 3.

Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
®Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetlands AA, BB, HH and CC maintain a direct hydrologic connection to RPWs.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.25 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: 2.2 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
® Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
❑which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
❑Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
'To complete the analysis refer to the key in Section III.D.6 ofthe Instructional Guidebook.
10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapauos.

❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
®Other: (explain, if not covered above): Pond constructed entirely in high ground.
Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑Lakes/ponds: acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
❑Wetlands: acres.
Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
®Lakes/ponds: 0.75 acres.
❑Other non -wetland waters: acres. List type of aquatic resource:
❑Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 6-7 and 7a-b dated 7/31/2019
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data.
® USGS 8 and 12 digit FlUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® USDA Natural Resources Conservation Service Soil Survey. Citation: ESRI Soils Mapservice
® National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ❑Aerial (Name & Date):
Or ®Other (Name & Date): Site photos 1-12 dated 6/22/2018
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

rJ
Legend
Project Limits (120.2 ac.)
Roads
fl National Wetland Inventory
Freshwater Emergent Wetland
® Freshwater Forested/Shrub Wetland
Freshwater Pond
- Riverine
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2017.
BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2017.
1,000 500 0 1,000 Feet
SCALE: DATE: FIGURE NO.
1 inch = 1,000 feet 7/31/2019 National Wetlands Inventory
CWS PROJECT NO: DRAWN BY:
2019-0185 JKM Miranda Village
COORDINATES: CHECKED BY: CAR ❑ L I N A Mecklenburg County 6
35.331093,-80.879556 CAG WETLAND SERVICES Charlotte, NC
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0185 Miranda Village\JD\ArcGIS\Figure6_NWl.mxd

00
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o
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Legend
ro Project Limits (120.2 ac.)
Perennial Stream
— Intermittent Stream
'J30
`yw Pond
'os� N�ghf\60 CO�z Z� - Pond Dug in Uplands
o
O 0 1
J�� Oldbri rWetlands
�Ln o ! ` Roads
f^ Cod Q 30
Tax Parcels
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2019.
- NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED 7OO 350 0 700 Feet
USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON JUNE 7, 8, AND 13, 2018; AUGUST 27, 2018; AND SEPTEMBER 7,
2018 JURISDICTIONAL FEATURES HAVE BEEN FIELD VERIFIED BYTHE USACE. PROPERTY BOUNDARY EXTENT
CALCULATED IN GIS AND MAY NOT REFLECT COUNTY TAX PARCEL INFORMATION.
SCALE: DATE: FIGURE NO.
1 inch = 700 feet 7/29/2019 Jurisdictional Boundaries
CWS PROJECT NO: DRAWN BY: Overview
2019-0185 JKM Miranda Village
COORDINATES: CHECKED BY: C A R O L I N A Mecklenburg County 7
35.331093,-80.879556 CAG 'J:ETLAND SERVICES Charlotte, NC
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0185 Miranda Village\JD\ArcGIS\Figure7_JD.mxd

Wetland Waters of the US
Wetland AA: 0.03 acre
Jurisdictional Pond A:
0.84 acre
Wetland Waters of the US
Wetland CC: 0.11 acre
Legend
C Project Limits (120.2 ac.)
Perennial Stream
Wetlands
Pond
Pond Dug in Uplands
Roads
Tax Parcels
•DP Data Point
N Photo Location and Direction
Wetland Waters of the US
Wetland DD: 0.02 acre y
P5
09
0D
es Figure 7b
Wetland Waters of the US
Wetland BB: 0.14 acre
• D1P 3
•D
Wetland Waters of the US I I
Wetland HH: 0.08 acre
Pond Dug in
Uplands
Pond B: 0.75 acre
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2017.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED
USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON JUNE 7, 8, AND 13, 2018; AUGUST 27, 2018; AND SEPTEMBER 7, 350 175 0 350 Feet
2018 JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BYTHE USACE. PROPERTY BOUNDARY EXTENT
CALCULATED IN GIS AND MAY NOT REFLECT COUNTY TAX PARCEL INFORMATION.
SCALE: DATE: FIGURE NO.
1 inch = 350 feet 7/29/2019 Jurisdictional Boundaries North
CWS PROJECT NO: DRAWN BY:
2019-0185 JKM Miranda Village 7a
^
COORDINATES: CHECKED BY: A R O L I N A Mecklenburg County
35.331093,-80.879556 CAG WIFTLAN❑ SERVICES Charlotte, NC
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0185 Miranda Village\JD\ArcGIS\Figure7_JDNorth.mxd

Non -wetland Water94X
Matches Figure 7a
Intermittent Stream
/!"' r--\ I irz
Non -wetland Waters of the US
McIntyre Creek (Stream A): 2,064 If
(right bank flagged)
Wetland Waters of the US
Wetland EE: 0.02 acre
• DP6
DP DP74 ------� L�
Legend
Wetland Waters of the US
Wetland GG: 1.8 acres
Project Limits (120.2 ac.)
�3o
Perennial Stream
/f
- - - - Intermittent Stream
`
Wetlands
c
o,
.c
\ Tax Parcels
Wetland Waters of the US
Roads
Wetland FF: 0.36 acre
ASCP Stream Classification Point
ODP Data Point
^�o
`
�► Photo Location and Direction
0
< Indicates Flow
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 201T
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED
USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON JUNE 7, 8, AND 13,
2018; AUGUST 27, 2018; AND SEPTEMBER 7,
350 175 0 350 Feet
2018 JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BYTHE USACE. PROPERTY BOUNDARY EXTENT
CALCULATED IN GIS AND MAY NOT REFLECT COUNTY TAX PARCEL INFORMATION.
SCALE:
1 inch = 350 feet
DATE:
7/29/2019
Jurisdictional Boundaries South
FIGURE NO.
CWS PROJECT NO:
DRAWN BY:
2019-0185
JKM
Miranda Village
7b
COORDINATES:
CHECKED BY:
C A R O L I N A
Mecklenburg County
35.331093,-80.879556
CAG
WETLAND SERVICES
Charlotte, NC
G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0185 Miranda Village\JD\ArcGIS\Figure7_JDSouth.mxd

Miranda Village
Attachments
March 20, 2024
CWS Project No. 2024-0017
ATTACHMENT D:
Proposed Impacts

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Miranda Village
Attachments
March 20, 2024
CWS Project No. 2024-0017
ATTACHMENT E:
Protected Species Assessment - Updated March 2024

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
March 19, 2024
David Weiss
DENALI REF LLC
6836 Carnegie Blvd, Suite 430
Charlotte, NC 28211
Subject: Protected Species Habitat Assessment Report
Miranda Village
Charlotte, North Carolina
CWS Project No. 2024-0017
Dear Mr. Weiss,
DENALI REF LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected
species habitat assessment for the Miranda Village site. The Miranda Village site is
approximately 121 acres in extent and is located south of the Beatties Ford Road and 1-485
intersection in Charlotte, North Carolina (Figure 1, attached).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Mecklenburg County'. In addition,
CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP)
Data Explorer2 and Information for Planning and Consultation (IPAC) database on March 13,
2024 to determine if any record occurrences of federally -listed, candidate endangered,
threatened species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS4 and
NCNHP' online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
United States Fish and Wildlife Service, Raleigh Field Office. Accessed March 13, 2024. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html
2 North Carolina Natural Heritage Data Explorer. Accessed March 13, 2024. https://ncnhde.natureserve.org/
3 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipact
4 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. https://www.fws.gov/southeasttpdf/fact-sheet/north-carolina-optimal-survey-windows-for-at-risk-and-listed-plants.pdf
Accessed March 13, 2024.
5 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylisttnc_counties.htmi
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 6

Miranda Village
Protected Species Assessment Report
March 19, 2024
CWS Project No. 2024-0011
Mecklenburg County6 and aerial imagery were also reviewed for potential habitat of listed
species within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Megan Bollero, PWS', and June Blankenship, Natural Resources Technician,
conducted a pedestrian habitat assessment of the project area on March 13, 2024. Potential
habitats for potentially occurring federally -protected species that were identified during the
desktop review were assessed in the field for the quality of physical and/or biological features
essential to the conservation of the applicable species. Additionally, during the pedestrian
habitat assessment, areas were reviewed for applicable federally protected species.
Identification references for natural communities include the National Land Cover Database
(2011)8.
Results
Based on the NCNHP data explorer review, there are no current occurrences of federally
protected species within a one -mile radius of the project limits (Attachment A). The USFWS
lists four federally protected species for Mecklenburg County (Table 1). Additionally, bald eagle
is protected under Bald and Golden Eagle Protection Act, An official species list has not been
obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Miranda Village site, Mecklenburg County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
Schweinitz's
E
Current
schweinitzii
sunflower
Plant
Echinacea
Smooth coneflower
T
Current
laevigata
Plant
Rhus michauxii
Michaux's sumac
E
Current
Animal
Perimyotis
Tricolored bat
PE
Proposed
subflavus
Animal
Haliaeetus
Bald eagle
BGPA
Current
leucocephalus
* E - Endangered, PE - Proposed Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Nine terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, mixed forest, woody wetlands, emergent
wetlands, scrub/shrub, herbaceous areas, pasture, a gas line right of way, and medium intensity
development (Figure 3). Of the identified on -site community types, the forested, scrub/shrub,
herbaceous areas, pasture, and gas line right of way are considered potential habitat for
federally threatened or endangered species that could potentially occur within the project limits.
A brief description of each species habitat requirements and determination of effect findings are
listed below by species.
° United States Department of Agriculture, 2022. Web Soil Survey of Mecklenburg County, North Carolina. Accessed
March 13, 2024. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
Professional Wetland Scientist, The Society of Wetland Scientists Professional Certification
8 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcdll_leg.php
Page 2 of 6

Miranda Village
Protected Species Assessment Report
March 19, 2024
CWS Project No. 2024-0011
Schweinitz's sunflower (Helianthus schweinitzii
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.1 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A desktop review of the site was conducted on March 13, 2024, and determined that the
soil series that have known Schweinitz's sunflower populations are found within the
project limits. The scrub/shrub, herbaceous areas, pasture, and gas line right of way
provide marginal habitat for Schwenintz's sunflower (Photographs 1-4). The forested
areas do not provide the abundant sunlight required for Schweinitz's sunflower
(Photograph 5). The field assessment was conducted outside of the optimal survey
window of late August -October. No individuals of Schweinitz's sunflower or any other
Helianthus species were observed onsite. Due to the presence of potential habitat,
CWS recommends a survey for this species during the optimal survey window
(late August -October; Attachment C).
Smooth coneflower (Echinacea laevigata)
Habitat Description:
Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant
sunlight where competition in the herbaceous layer is minimal. It has been federally
listed as Endangered under the ESA since 1992.11 Typical habitat for this plant includes
meadows, open woodlands, the ecotonal regions between meadows and woodlands,
cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights -of -way. In
North Carolina, the species normally grows in magnesium- and calcium- rich soils
associated with gabbro and diabase parent material, and typically occurs in Iredell,
Misenheimer, and Picture soil series. It grows best where there is abundant sunlight,
little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire
regime, well-timed mowing, careful clearing) that prevents encroachment of
shade -producing woody shrubs and trees. On sites where woody succession is held in
check, it is characterized by a number of species with prairie affinities.
s United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/f`ederal_register/frl852.pdf.
10 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth
Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr2l40.pdf.
Page 3 of 6

Miranda Village
Protected Species Assessment Report
March 19, 2024
CWS Project No. 2024-0011
Biological Analysis:
The forested areas do not provide the abundant sunlight the smooth coneflower
requires. The scrub/shrub, herbaceous and pasture areas have too much competition in
the herbaceous layer to provide suitable habitat. In addition, Iredell, Misenheimer and
Picture soil series commonly associated with the smooth coneflower are not found within
the project limits." Due to the lack of habitat and known occurrences, CWS concludes
that this project will have no effect on the smooth coneflower.
Michaux's sumac (Rhus michauxi�)
Habitat Description:
Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves
exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal
clusters. Fruits are red drupes produced from August to October. It has been listed as
an Endangered species under the Endangered Species Act (ESA) since 1989.12 It is
found on the coastal plains of Virginia to Florida, with most populations occurring in
North Carolina. It prefers sandy or rocky open woods with basic soils, as well as,
highway right-of-ways, roadsides, or edges of artificially -maintained clearings.
Biological Analysis:
The forested area do not provide the abundant sunlight Michaux's sumac requires.
Disturbed open areas conducive to early -successional species are present in the project
area. There are some unmaintained herbaceous and scrub/shrub areas that provide
marginal habitat. Due to the presence of suitable habitat, CWS recommends a survey
for this species during the optimal survey window (late August -October;
Attachment C).
Tricolored bat (Perimyotis subfiavus�
On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposal in
the Federal Register to list the tricolored bat (Perimyotis subflavus) as endangered under the
Act.13 The Service has up to 12-months from the date the proposal published to make a final
determination, either to list the tricolored bat under the Act or to withdraw the proposal. The
Service determined the bat faces extinction primarily due to the range -wide impacts of
white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across North
America. Because tricolored bat populations have been greatly reduced due to WNS, surviving
bat populations are now more vulnerable to other stressors such as human disturbance and
habitat loss. Species proposed for listing are not afforded protection under the Act; however, as
soon as a listing becomes effective (typically 30 days after publication of the final rule in the
Federal Register), the prohibitions against jeopardizing its continued existence and "take" will
apply. Therefore, if a future or existing project may affect tricolored bats after the potential new
listing goes into effect, USFWS recommends analyzing possible effects of the project on
tricolored bats and their habitat to determine whether consultation under section 7 of the Act is
United States Department of Agriculture, 2022. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 11/29/2023
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
12 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered
Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federal_ register/fr1601.pdf.
13 https://www.govinf6.gov/content/pkg/FR-2022-09-14/pdf/2022-18852.pdf#page=13
Page 4 of 6

Miranda Village
Protected Species Assessment Report
March 19, 2024
CWS Project No. 2024-0011
necessary. Conferencing procedures can be followed prior to listing to ensure the project does
not jeopardize the existence of a species or adversely modify critical habitat. Projects with an
existing section 7 biological opinion may require reinitiation of consultation to provide
uninterrupted authorization for covered activities.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,14 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald
eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes,
reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on February 29, 2024, using 2023 color aerials. There are
no bodies of water located within 1.0 mile of the project study area that are potentially large
enough and sufficiently open to be considered a potential feeding source. NCNHP data
explorer did not reveal any bald eagles in the project limits or within a mile from the project
limits. In addition, no bald eagles or bald eagle nests were observed within the study area at
the time of the site visit. Due to the lack of observations within the study area and the vicinity
of the study area, CWS concludes that this project will have no effect on this species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, suitable habitat was not observed
within the project limits for smooth coneflower or bald eagle. CWS has concluded that activities
within the project area will not directly or indirectly jeopardize the continued existence of smooth
coneflower and bald eagle.
Potential habitat for Schweinitz's sunflower and Michaux's sumac was observed within the
project limits. CWS recommends a survey for these species during the optimal survey window
(Attachment C).
While section 7 of the Endangered Species Act review is not required now for the tricolored bat,
it would be required after a final effective date of listing if one occurs.
Biological determinations requirements for federally protected species are summarized in Table
2.
14 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
Page 5 of 6

Miranda Village
Protected Species Assessment Report
March 19, 2024
CWS Project No. 2024-0011
Table 2. Biological Determination Requirements Summary Table for Federally Protected Species
Scientific Name
Common Name
Federal Status*
Effect on Listed
Species
Helianthus schweinitzii
Schweinitz's sunflower
E
May Effect**
Echinacea laevigata
Smooth coneflower
T
No Effect
Rhus michauxii
Michaux's sumac
E
May Effect**
Perimyotis subflavus
Tricolored bat
PE
TBD****
Haliaeetus leucocephalus
Bald eagle
BGPA
No Effect
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
** Survey recommended during optimal survey window
**** Consultation with USFWS may be required if species is listed
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect.
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Bollero at 757-576-6433 or [e-mail] should you have any
questions or comments regarding this report.
Sincerely,
Megan Bollero, PWS
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Mecklenburg County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-5)
Attachment C: Optimal Survey Windows
Page 6 of 6

J'
�G
s
S
El
O
P:
r)
E.
Legend
2
Project Limits (113 ac.)
2,000 1,000 0 2,000 Feet
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC
QUADRANGLE(S): MOUNTAIN ISLAND LAKE, NC (2018).
SCALE:
1 inch = 2,000 feet
DATE:
3/28/2024
USGS Topographic Map
FIGURE NO.
CWS PROJECT NO:
2024-0017
DRAWN BY:
MLB
Miranda Village
COORDINATES:
CHECKED BY:
Cj A R O L I N A
Mecklenburg County
35.331093,-80.879556
AVH
WETLAND SERVICES
Charlotte, North Carolina
G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\PETS\ArcGIS\Figurel_USGS.mxd

G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\PETSVArcGIS\Figure2_CurrentSoils.mxd

G:\Shared drives\Consulting Team Drive 2024-\2024\2024 Consulting Projects\2024-0017 Miranda Village\PETS\ArcGIS\Figure3_Aerial.mxd

Miranda Village
Attachments
March 19 2024
CWS Project No. 2024-0017
Attachment A:
NCNHP

Roy Cooper, Governor
ni ■■■
■■ = NC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ ■■■
March 28, 2024
Megan Bollero
Carolina Wetland Services
550 E Westinghouse Blvd
Charlotte, NC 28273
RE: Miranda Village; 2024-0017
Dear Megan Bollero:
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCN H D E-25479
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritage(d)dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
QQ 121 W JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER, RALEIGH. NC 27699
OFC 919.707,9120 • FAX 91970T9121

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Miranda Village
Attachments
March 19 2024
CWS Project No. 2024-0017
Attachment B:
Photopage (Photographs 1-5)

Miranda Village
Attachment B: Photopage
March 19, 2024
CWS Project No. 2024-0017
5 h7�r7fY � y+n.;is. �.i�'+ ��NYw f" IlTP�,,MH A{y� ��i�e •� �i'�li���•
Photograph 1. View of marginal habitat for Schweinitz's sunflower, facing southeast.
Photograph 2. View of marginal habitat for Schweinitz's sunflower, facing south.
Photopage 1 of 3

Miranda Village
Attachment B: Photopage
March 19, 2024
CWS Project No. 2024-0017
Photograph 3. View of marginal habitat for Schweinitz's sunflower, facing southeast.
Photograph 4. View of marginal habitat for Schweinitz's sunflower, facing north.
Photopage 2 of 3

Miranda Village
Attachment B: Photopage
March 19, 2024
CWS Project No. 2024-0017
Photograph 5. View of unsuitable habitat for Schweinitz's sunflower, facing southwest.
Photopage 3 of 3

Miranda Village
Attachments
March 19 2024
CWS Project No. 2024-0017
Attachment C:
Optimal Survey Windows

OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR
NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Aeschynomene virginica
sensitive joint -vetch
T
July — October
1
Amaranthus pumilus
seabeach amaranth
T
July - October
(or before first tropical storm
that causes overwash)
1
Amorpha georgiana var.
georgiana
Georgia lead -plant
AIRS
late April —October
2
Cardamine micranthera
small-anthered
bittercress
E
April - May
1
Carex impressinervia
impressed -nerved sedge
AIRS
I April - May
2
Carex lutea
golden sedge
E
mid April - mid June
2
Dionaea muscipula
Venus flytrap
AIRS
late May —June
2
Echinacea laevigata
smooth coneflower
E
late May —October
2
Fimbristylisperpusilla
Harper'sfimbristylis
AIRS
July — September
2
Geum radiatum
spreading avens
E
June — September
2
Gymnoderma lineare
rock gnome lichen
E
year round
2
Hedyotis purpurea var.
montana
Roan Mountain bluet
E
June —July
2
Helianthus schweinitzii
Schweinitz's sunflower
E
late August — October
2
Helonias bullata
swamp pink
T
April — May
2
Hexastylis naniflora
dwarf -flowered heartleaf
T
March — May
2
Hudsonia montana
mountain golden heather
T
late May - early June
2
Isoetes microvela
thin -wall quillwort
AIRS
April —July
1
Isotria medeoloides
small whorled pogonia
T
mid May -early July
1
Liatris helleri
Heller's blazing star
T
July — September
2
Lindera melissifolia
pondberry
E
February — March;
September - October
2
Lindera subcoriacea
bog spicebush
AIRS
March - August
2
Lobelia boykinii
Boykin'sLobelia
AIRS
May —July
2
Ludwigia ravenii
Raven's seedbox
AIRS
June - October
2
Lysimachia asperulaefolia
rough -leaved loosestrife
E
mid May —September
2
Macbridea caroliniana
Carolina birds -in -a -nest
AIRS
July— November
2
Minuartia godfreyi
Godfrey's stitchwort
AIRS
April —June
2
Oxypolis canbyi
Canby's dropwort
E
mid July — September
2
Platanthera integrilabia
white fringeless orchid
T
mid July - late August
2
Ptilimnium nodosum
harperella
E
July — early September
(during low water)
1
Rhus michauxii
Michaux's sumac
E
May — October
2
Rhynchospora crinipes
hairy-peduncled beakrush
AIRS
July — September
2
Rudbeckia heliopsidis
sun -facing coneflower
AIRS
July — September
2
Sagittaria fasciculata
bunched arrowhead
E
mid May —July
2
Sarracenia oreophila
green pitcher -plant
E
I late April — October
2
Sarracenia purpurea var.
montana
mountain purple pitcher-
plant
AIRS
April —October
2
Sarracenia rubra ssp. jonesii
mountain sweet pitcher-
plant
E
April —October
2

SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Schwalbea americana
American chaffseed
E
May - August
(1-2 months after a fire)
2
Sisyrinchium dichotomum
white irisette
E
late May —July
2
Solidago plumosa
Yadkin River goldenrod
CCA
September — October
2
Solidago spithamaea
Blue Ridge goldenrod
T
July — September
2
Symphyotrichum georgianum
Georgia aster
CCA
October - mid November
2
Spiraea virginiana
Virginia spiraea
T
May - early July
2
Sporobolus teretifolius
wire -leaved dropseed
AIRS
—SeptemberS
(following fire)
2
Thalictrum cooleyi
Cooley's meadowrue
E
mid June - early July
2
Tsuga caroliniana
lCarolina hemlock
AIRS
year round
1 2
STATUS KEY:
E - Federally endangered
T - Federally threatened
AIRS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by
a third party for listing. AIRS species listed above have "substantial" 90-day findings and are undergoing status
reviews (awaiting 12-month findings).
CCA - Species subject to a candidate conservation agreement.
OTHER NOTES:
These survey windows were determined from species recovery plans, field observations, herbaria specimens, and
NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish
and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office
webpage at https://www.fws.gov/raleigh/.
If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely
request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are
reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project
planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the
Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520
Version date: March 10, 2020