20191548 Ver 1_401 Application_20191112

Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#*
20191548
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:* Mooresville Regional Office - [phone]
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r New Project
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r For the Record Only (Courtesy Copy)
r Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Paul Stephens
VUio is submitting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Mallard Creek Road Site
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Mecklenburg
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Mallard Creek Road NWP 18 Permit Application.pdf 7.75MB
Only pdf or Iv17 files are accepted.
Describe the attachments:
NWP 18 Permit Application - 404/401 Submittal
P Bychecking the boxand signing box below, I certifythat:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")

• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
• I intend to electronically sign and submit the online form."
Signature:
Submittal Date: November 7, 2019
Is filled in automatically.

Preliminary ORM Data Entry Fields for New Actions

ACTION ID #: SAW- Begin Date (Date Received):

Prepare file folder Assign Action ID Number in ORM

1. Project Name [PCN Form A2a]:

2. Work Type: Private Institutional Government Commercial

3. Project Description / Purpose [PCN Form B3d and B3e]:

4. Property Owner / Applicant [PCN Form A3 or A4]:

5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:

6. Related Action ID Number(s) [PCN Form B5b]:

7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:

8. Project Location – Tax Parcel ID [PCN Form B1a]:

9. Project Location – County [PCN Form A2b]:

10. Project Location – Nearest Municipality or Town [PCN Form A2c]:

11. Project Information – Nearest Waterbody [PCN Form B2a]:

12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:

Authorization: Section 10 Section 404 Section 10 and 404

Regulatory Action Type:

Standard Permit Pre-Application Request
Nationwide Permit # Unauthorized Activity
Regional General Permit # Compliance
Jurisdictional Determination Request No Permit Required

Revised 20150602

ECS SOUTHEAST, LLP
Geotechnical •••• Construction Materials •••• Environmental
3820 Faber Place Drive, Suite 200
North Charleston, South Carolina 29405
Telephone [phone] Fax [phone]

LETTER OF TRANSMITTAL
Date: November 7,
2019 Project No. 49: 7526

To: Mr. David Shaeffer
Project Manager/Geographer
U.S. Army Corps of Engineers
Asheville Regulatory Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801

We are sending you the following items via:
COPIES DATED DESCRIPTION
1 November 7,
2019
Nation Permit 18 – PCN Submittal – Mallard Creek Road Site

These are transmitted as checked below:
X For your use
As requested

REMARKS

Please find the attached PCN Request for a Nationwide Permit 18 for the Mallard Creek Site in Charlotte, Mecklenburg
County, North Carolina. If you have any questions please contact Paul Stephens at [phone] or at
[e-mail]
COPY TO: Paul Stephens, 11-7-19 SIGNED:

November 7, 2019

Mr. David Shaeffer
Project Manager/Geographer
U.S. Army Corps of Engineers
Asheville Regulatory Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801

Reference: Pre-Construction Notification Application
Request for Nationwide Permit 18, Minor Discharge
Mallard Creek Road Site – SAW # 2018-01925
Mallard Creek Road Creek Road
Charlotte, Mecklenburg County, North Carolina
ECS Project No.: 49: 7526

Dear Mr. Shaeffer,

Please find the attached Request for Pre-Construction Notification (PCN) Nationwide Permit 18
for the Mallard Creek Road Site (SAW-2018-01925). The purpose of the project is to develop a
mixed use community, including multi-family residences and commercial development.

Background

The site is located off of Mallard Creek Road in Charlotte, Mecklenburg County, North Carolina.
The PSA is approximately 16.66 acres and consists of three parcels. According to the
Mecklenburg County Online GIS website the Parcel Identification Numbers (PIN) are: 02919113
(portion of parcel), 02919114, and 02919115. The PSA consists of moderately dense wooded
land.

The purpose of the project is for development of a residential community. The projects includes
permitting and construction of 180 townhomes with an overall site area of approximately 17
acres. The development plan proposes 149 LF of permanent fill and 13 LF of rip-rap impacts,
for a total of 162 F of impacts to jurisdictional stream. The stream is proposed to be graded and
filled in order to construct and achieve the topography needed for residential development.
Avoidance and minimization of waters was performed to the greatest extent possible with
respect to the streams on-site, the topography, the restraints with regards to easements and
setbacks, and the space needed to allow successful installment of the proposed roadways and
development.

Site Reconnaissance
Mr. David Valentine of ECS conducted the site reconnaissance on August 10th , 2018. During
the reconnaissance, the site was observed for evidence of ponds, streams, and wetlands. Three
streams were identified within the site boundary (SA,SB,SC). The streams are all located in
along the northern boundary of the site. Ponds and wetlands were not observed on site.

2
Impacts & Mitigation
The development plan proposes 149 LF of permanent fill and 13 LF of rip-rap impacts, for a
total of 162 LF of impacts to jurisdictional stream. The rip-rap will be keyed into the stream bank
and bed. Since the 13 LF of rip-rap will be keyed into the stream bed and bank and is not
considered a permanent loss of waters of the U.S., no mitigation is proposed as part of the
permit application.

Closing

On behalf of Hopper Communities and Design Resource Group, ECS respectfully requests the
use of NWP 18 to authorize the permanent fill impacts of 162 linear feet of jurisdictional surface
water. The attached permit application and associated attachments provide details pertaining to
the proposed project impacts.

ECS looks forward to your attention to this request. Please contact me at [phone] or
[e-mail] with questions or if additional information is required.

Sincerely,

Paul M. Stephens IV, E.I., PWS W. Brandon Fulton, LSS, PSC, PWS
Environmental Project Manager Environmental Principal
[e-mail] [e-mail]
843.284.7823 704.409.7744

Attachments: Pre-Construction Notification Application
Appendices
Impact Exhibits
Development Plan
Preliminary JD Letter (SAW-2018-01925)
Figures
IPaC USFWS Report
NLEB MA Verification Letter
NCSHPO GIS
Mecklenburg County Parcel Info
18
Developer
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
02919113 (18.62 acres); 02919115 (4.86 acres)
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.367536 Longitude:-80.737437
1 c.
Property size:
17 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Rocky River
2b.
Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
Yadkin Pee -Dee River Basin
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 site consists of undeveloped, wooded land. The site consists of rolling hills, indicative of the piedmont region. The surrounding properties
consists of single-family residences, apartment complexes, fields, and wooded land.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,350
3d. Explain the purpose of the proposed project:
See appendices.
3e. Describe the overall project in detail, including the type of equipment to be used:
See appendices.
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?
0 Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
0 Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): ECS
Agency/Consultant Company: ECS Southeast
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Preliminary JD (SAW-2018-01925) completed on October 3, 2019.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑ No 0 Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes 0 No
6b.
If yes, explain.
Page 3of10
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):
❑ Wetlands ❑X 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
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
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:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
sRPW C
INT
Corps
3
149
S2 P
Rip rap
sRPW C
INT
Corps
3
13
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
162
3i. Comments:
Stream impact 1 consists of 149 LF of fill and 13 LF of rip -rap. The total stream impacts will be a total of 162 LF.
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 individually 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, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ 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)
B 1
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.
See appendices.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Disturbance of the stream and wetlands shall be minimized to the extent practicable in order for the proper installation of the culvert, rip -rap, and fill.
The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be
maintained throughout the construction process. Two rows of high hazard silt fence will be placed at the bottom the slopes to help with sediment and
erosion control during the roadway development activities.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Dank
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.
❑ 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:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Mules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes 0 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.
❑X Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
45 %
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:
Stormwater
management plan is being designed in accordance to City of Charlotte land development requirements.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
City of Charlotte
❑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
El 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):
N 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?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X 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 X❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ 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 ❑X No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
Wastewater
the proposed project, or available capacity of the subject facility.
will be handled by Charlotte Mecklenburg Utility Department (CMUD) wastewater system.
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 0 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes 0 No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See attached IPaC USFWS species list and MA Verification Letter for the Northern Long -Eared Bat. ECS is requesting concurrence from USFWS for
the site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes 0 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes 0 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?
Reviewed the NCSHPO GIS viewer for listing historic or cultural sites within the project boundaries or surrounding areas. During the review, no listed
sites were observed on or in surrounding areas. ECS is requesting concurrence from SHPO for the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes 0 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM Map Service Center GIS viewer
Paul M. IV Stephens
��"'` �
p
11-07-2019
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

Appendices:

B. Project Information and Prior Project History
3d. Explain the purpose of the project:

The purpose of the project is for development of a residential community. The projects includes
permitting and construction of 180 townhomes with an overall site area of approximately 17
acres. The project also includes development of two public city roads, Aspire Street and Kings
Grant Drive, private alleys, amenity/open space areas, private open space for each townhome,
a wet pond (for detention and water quality), and a community previous trail which transects
along the rear of the site.

The proposed development includes 180 townhome units on site, each with their own 400 SF of
private open space. There are also common open space areas on site. The development
consists of three public roadways, including two connecting to Mallard Creek Road and another
connecting to the adjacent development, and four private alleys. The total development will be
approximately 330,000 SF. The proposed project will not be phased, and will include typical
mass grading and erosion control measures covering the site followed by construction and
development.

The project site/civil package will be approved by Charlotte Land Development, which will also
include City Engineering/Stormwater, Planning, Engineering, City Stormwater, Urban Forestry,
Erosion Control, CDOT, NCDOT, and water/sewer (Charlotte Water).

The development plan proposes 149 LF of permanent fill and 13 LF of rip-rap impacts, for a
total of 162 F of impacts to jurisdictional stream. The stream is proposed to be graded and filled
in order to construct and achieve the topography needed for residential development. A riprap
apron will be installed on the down gradient portion of the stream, in which the riprap will be
keyed into the stream bed and bank.

3e. Describe the overall project in detail, including the type of equipment to be used:

The proposed development includes 180 townhome units on site, each with their own 400 SF of
private open space. There are also common open space areas on site. The development
consists of three public roadways, including two connecting to Mallard Creek Road and another
connecting to the adjacent development, and four private alleys. The total development will be
approximately 330,000 SF. The proposed project will not be phased, and will include typical
mass grading and erosion control measures covering the site followed by construction and
development.

Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles
would be used for the project. Proper erosion and sedimentation control measures would be
employed throughout the project. Typical materials and machinery will be used on-site during
the construction process.

2
D. Impact Justification and Mitigation
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project:

The development as proposed will impact a jurisdictional stream during the construction and
grading activities on site. The applicant has performed some due diligence with respect to
altering site plans to avoid and minimize impacts to waters to the greatest extent possible with
respect to the existing topography, zoning setbacks, easements, and other unavoidable
constraints.

The applicant has moved and removed townhomes along the northern portion of the site
incorporate the jurisdictional streams and waters. Retaining walls have been incorporated with
ongoing grade adjustments, in order to pull areas back in the rear of the site, to minimize
impacts to the streams on site. The applicant has also been proactive in meeting and
discussing plans with City of Charlotte Engineering to ensure that everything on the exhibits will
conform with their standards, while also limiting the impacts to streams on site. Previous
exhibits and site plans proposed impacts to stream B on site, but have since been altered for
avoidance purposes.

There have also been hardships with respect to zoning setbacks, easements, and other
restrictions that have limited the amount of available space for the development. The site
consists of an existing Piedmont Natural Gas (PNG) easement and an overhead Duke
Transmission easement, in which the two intersect. A proposed roadway, Aspire Street,
connects with the adjacent apartment site on the western portion of the site and transects east
though the site and to the other side of the property. The public street connector also crosses
the PNG and Duke easements and utilities, which limited the alignment given the conditions and
adjacent connections. Additionally, the site was rezoned and approved last December 2018 per
Petition #2018-067. The rezoning helped setup the general layout with commitments and
altered previous exhibits in order to meet permitting plans and current engineering/site plans.

Avoidance and minimization of waters was performed to the greatest extent possible with
respect to the streams on-site, the topography, the restraints with regards to easements and
setbacks, and the space needed to allow successful installment of the proposed roadways and
development.

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:

Disturbance of the stream and wetlands shall be minimized to the extent practicable in order for
the proper installation of the facility. The construction techniques shall be conducted in
accordance with NCDEQ standards. Temporary and additional erosion control measures shall
be maintained throughout the construction process. Silt fencing will be placed at the bottom of
the slopes to deter sediment and erosion control during roadway development activities.
Temporary erosion, sedimentation, and pollution controls will be installed prior to and
maintained during the entire construction duration and until final stabilization is established.
Copyright © 2019 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization.LANDSCAPE ARCHITECTURECIVIL ENGINEERINGTRANSPORTATION PLANNING2459 Wilkinson Blvd, Ste 200 Charlotte, NC 28208704.343.0608www.drgrp.comSCALE:PROJECT #: 598-014DRAWN BY:WSMCHECKED BY: NBOCTOBER 22, 2019REVISIONS:0THE TOWNS AT
MALLARD MILLS
CHARLOTTE, NORTH CAROLINA
HOPPER COMMUNITIES
1616 CLEVELAND AVE.
CHARLOTTE, NC 28203 OPWEXISTINGCONDITIONSSHEET 1VICINITY MAPNSCALE: 1" = 300'300150PIE
D
M
O
N
T
NA
T
U
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A
L

G
A
S
EA
S
E
M
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N
T DUKETRANSMISSIONEASEMENTMALLARD CREEK
RDN
VICINITY MAPNCopyright © 2019 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization.LANDSCAPE ARCHITECTURECIVIL ENGINEERINGTRANSPORTATION PLANNING2459 Wilkinson Blvd, Ste 200 Charlotte, NC 28208704.343.0608www.drgrp.comSCALE:PROJECT #: 598-014DRAWN BY:WSMCHECKED BY: NBOCTOBER 22, 2019REVISIONS:0THE TOWNS AT
MALLARD MILLS
CHARLOTTE, NORTH CAROLINA
HOPPER COMMUNITIES
1616 CLEVELAND AVE.
CHARLOTTE, NC 28203 OPWSCALE: 1" = 200'200PROPOSED SITEPLAN ANDSTORMWATER PLANSHEET 2100ASPIRE
STREETBMPDOBY CREEK LANEKINGS GRANT DRIVESTREAM CIMPACT AREAPIE
D
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Copyright © 2019 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization.
LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING
TRANSPORTATION PLANNING
2459 Wilkinson Blvd, Ste 200 Charlotte, NC 28208
704.343.0608
www.drgrp.com
SCALE:
PROJECT #: 598-014
DRAWN BY:WSM
CHECKED BY: NB
OCTOBER 22, 2019
REVISIONS:
0 THE TOWNS ATMALLARD MILLSCHARLOTTE, NORTH CAROLINAHOPPER COMMUNITIES1616 CLEVELAND AVE.CHARLOTTE, NC 28203O
P
W
SCALE: 1" = 40'
40
SHEET 3
0 20
IMPACT AREA
Riprap (Class B) to be installed. Filter Fabric(MIRAFI 140N or similar) shall be secured onthe slope prior to installing riprap.Vegetative cover (Typ.)RIPRAP IMPACT EXHIBITEXHIBIT
TBXGMKR
GMKR
GMKR
GMKR
GMKR
GMKR
GMKR
GMKR
GMKR
GMKR
GMKR
CONCRETE
FOM
30"C&G
TOWER
30"C&G
MALLARD CREEK ROAD (S.R. 2464)
(FORMERLY ODELL SCHOOL ROAD)
60' PUBLIC RIGHT-OF-WAY
MB 23, PG 140 AND MB 22, PG 483
(SEE NOTE 10)
RICHARD M. McCOY, HUSBAND
DIXIE McCOY, WIFE
DB 10913, PG 227
PART OF LOT 1, BOUNDARY SURVEY OF
REVISED LOT 1, MAP BOOK 22, PAGE 483
MB 23, PG 140
#13109 MALLARD CREEK ROAD
TAX PARCEL: 029-191-04
ZONED: R12-MF(CD)
APPROXIMATE CENTER
LINE OF EX. ROAD
PHYLLIS STEWART
DB 10241, PG 333
TAX PARCEL: 029-191-15
TOTAL AREA:
365,298 SQ.FT. OR 8.386 ACRES
PHYLLIS STEWART
DB 9789, PG 794
TAX PARCEL: 029-191-14
TOTAL AREA:
329,063 SQ.FT. OR 7.554 ACRES
PHYLLIS STEWART
DB 9789, PG 794
PART OF LOT 1, BOUNDARY SURVEY OF
REVISED LOT 1, MAP BOOK 22, PAGE 483
MB 23, PG 140
TAX PARCEL: 029-191-13
TOTAL TAX PARCEL 029-191-13 AREA:
810,601 SQ.FT. OR 18.609 ACRES
TERRY C. PHILLIPS AND
DEBORAH F. PHILLIPS
DB 4596, PG 848
TAX PARCEL: 029-191-05
ZONED: R-3
TERRY C. PHILLIPS AND
DEBORAH F. PHILLIPS
DB 4563, PG 151
TAX PARCEL: 029-191-11
ZONED: R-3
JAMES CECIL MASSEY, JR. AND
WIFE, M. ELIZABETH CRAIG MASSY
DB 5727, PG 116
#13601 MALLARD CREEK ROAD
TAX PARCEL: 029-191-12
ZONED: R-3
MILL CREEK MASTER ASSOCIATION OF
MECKLENBURG, INC
DB 12546, PG 484
COMMON OPEN SPACE, SUBDIVISION PLAT
OF MILL CREEK , PHASE 1, MAP 2
MB 35, PG 267
TAX PARCEL: 029-192-57
ZONED: MX-2
SVETLANA FOLEY
DB 14217, PG 225
LOT 41, SUBDIVISION PLAT
OF MILL CREEK , PHASE 1, MAP 2
MB 35, PG 267
#2826 BRIDGEVILLE LANE
TAX PARCEL: 029-192-41
ZONED: MX-2
S 75°51'08"
W

2
5
0
9
.
5
2
'
(GROUND DI
S
T
A
N
C
E
)
TOWERSDMH
LOT 42
#2820 BRIDGEVILLE LANE
TAX PARCEL: 029-192-42
LOT 43
#2816 BRIDGEVILLE LANE
TAX PARCEL: 029-192-43
LOT 44
#2812 BRIDGEVILLE LANE
TAX PARCEL: 029-192-44LOT 45
#2808 BRIDGEVILLE LANE
TAX PARCEL: 029-192-45
FES
AREA OF TAX PARCEL 029-191-13
TO BE ACQUIRED :
419,258 SQ.FT. OR 9.625 ACRES
AREA OF TAX PARCEL 029-191-14
TO BE ACQUIRED :
137,590 SQ.FT. OR 3.158 ACRESAREA OF TAX PARCEL 029-191-15
TO BE ACQUIRED :
229,677 SQ.FT. OR 5.273 ACRES
REMAINING AREA:
391,343 SQ.FT. OR 8.984 ACRES
REMAINING AREA:
191,473 SQ.FT. OR 4.396 ACRES
REMAINING AREA:
135,621 SQ.FT. OR 3.113 ACRES
PROPOSED TOTAL AREA
TO BE REZONED:
786,525 SQ.FT. OR 18.056 ACRES
CURRENT ZONING: R-3
CURRENT ZONING: R12-MF(CD)
CURRENT ZONING: R12-MF(CD)
CURRENT ZONING: R-3
CURRENT ZONING: R-3
CURRENT ZONING: R-3
NCGS MONUMENT "QUAY"
(NAD 83/2011)
NORTHING= 593,981.07 FEET
EASTING= 1,485,005.48 FEET
ELEVATION= 696.0 FEET (NAVD 88)
COMBINED GRID FACTOR: 0.99984622
EXISTING STREAM
CHANNEL
PROPOSED
REZONING LINE
PROPOSED
PROPERTY LINE
PROPOSED
REZONING LINE
PROPOSED
PROPERTY LINE
PROPOSED
REZONING LINE
PROPOSED
PROPERTY LINE
150' DUKE POWER RIGHT-OF-WAY
DB 4110, PG 659
MB 23, PG 140
MB 22, PG 483
PIEDMONT NATURAL GAS
COMPANY EASEMENT
DB 30169, PG 312
PIEDMONT NATURAL GAS
COMPANY EASEMENT
DB 30169, PG 312
TEMPORARY
WORKSPACE EASEMENT
DB 30169, PG 312
TEMPORARY
WORKSPACE EASEMENT
DB 30169, PG 312
60.00'
EX ROW
APPROXIMATE CENTER
LINE OF EX. ROAD
TEMPORARY
WORKSPACE EASEMENT
DB 30352, PG 737
DB 30169, PG 312
TEMPORARY
WORKSPACE
EASEMENT DB
30169, PG 312
150' DUKE POWER RIGHT-OF-WAY
DB 4109, PG 41
MB 23, PG 140
MB 22, PG 483
10.00' APPROX. LOCATION
10' BELLSOUTH
TELECOMMUNICATION
EASEMENT
DB 12986, PG 873
60.00'
EX ROW 18" RCP
15" RCP
PROPOSED SANITARY
SEWER EASEMENT BY
OTHERS
20.00' PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
BY OTHERS
S43°
28
'
07
.51
"E785.443
S40° 08' 41.80"W
158.616
S
5
6
°

0
0
'

0
9
.
6
2
"
E
3
8
3
.
5
1
0
S48° 57' 47.38"W
156.690
S46° 48' 55.62"E
25.000
S52° 11'
4
9
.
3
8
"
W
346.435
S67° 31' 19.28"W
740.964N09° 01' 52.72"W598.150N39° 39' 33.28"E
48.110
N58° 13' 07.28"E
58.600
N60° 40' 41.28"E
67.070 N53° 32' 42.28"E
59.090
N51° 20' 39.28"E
36.890
N50° 45' 38.28"E
47.149
N50° 45' 38.28"E
12.401
N47° 21' 30.28"E
57.850
N46° 45' 01.28"E
47.320
N46° 53' 06.28"E
49.220
N47° 36' 00.28"E
31.050
N48° 17' 31.28"E
52.230
N80° 57' 55.28"E
50.341 N09° 01' 52.20"W572.293KINGS
GRAN
T
DR
IVE
TEMPORARY
WORKSPACE EASEMENT
DB 30169, PG 312
HICKORY GROVE BAPTIST CHURCH
PID:02917102
DB 08023 PG 218
USE:OFFICE
ZONING:INST
FOX FIVE LLC
PID:02918118
DB 29637 PG 126
DB 09193 PG 636
USE:SINGLE FAMILY
RESIDENTIAL - RURAL
ACREAGE
ZONING:R3
FOX FIVE LLC
PID:02918120
DB 29637 PG 126
DB 09193 PG 636
USE:SINGLE FAMILY RESIDENTIAL -
RURAL ACREAGE
ZONING:R3
FOX FIVE LLC
PID:02918119
DB 29637 PG 126
DB 09193 PG 636
USE:SINGLE FAMILY
RESIDENTIAL - RURAL
ACREAGE
ZONING:R3
THE HOLLAND LIVING TRUST
PID:02918108
DB 20849 PG 563
DB 04654 PG 949
USE:SINGLE FAMILY RESIDENTIAL - RURAL
ACREAGE
ZONING:R3
KING'S GRAANT APARTMENTS LLC
PID:02918128
DB 28833 PG 160
USE:MULTI FAMILY
ZONING:CC
FOX FIVE LLC
PID:02918121
DB 29637 PG 126
DB 09193 PG 636
USE:SINGLE FAMILY RESIDENTIAL -
RURAL ACREAGE
ZONING:R3
FUTURE
ROADWAY
2-A2-B2-A2-B2-A
2-A2-B2-A2-B 2-A2-B2-A2-B2-A2-B
2-A2-B2-A2-B 2-A2-B2-A2-B2-A2-B
2-A2-B2-A2-B2-A2-B2-A2-B2-A
2-A2-B 2-A2-B 2-A2-B
2-A2-B
2-A2-B
2-A2-B
2-A2-B
2-A2-B
2-A2-B
2-A
2-B
2-A
2-B
2-A
2-B
2-A
2-B
2-A
2-B
2-A
2-B
2-A2-B2-A2-B2-A2-B
2-A2-B2-A2-B2-A2-B
2-A2-B
2-A2-B
2-A2-B
2-B
2-A2-B
2-A2-B
2-B
2-A2-B
2-A
2-B2-A
2-A2-B
2-A
2-A
2-B2-A2-B2-A2-B 2-A
2-B2-A2-B2-A2-B
2-A
2-B2-A
2-B2-A
2-B
2-A
2-B2-A
2-B
2-A2-B2-A2-B
2-A2-B
2-A2-B
2-A2-B
2-A2-B
1-A
1-B
1-A
1-B
1-A
1-B
1-A
2-A
2-A
2-A
2-B 2-A 2-B
2-B2-A2-B2-A 2-A 2-B
2-B2-A2-B2-A
2-A 2-B
2-B2-A
2-B2-A
2-A 2-B
1-A1-B
1-B
1-A
1-A 1-B
1-A1-B
1-B
1-A
1-A
1-B
1-B
1-A
1-A
1-B
2-B
2-A
AMENITY
AREA
PRIVATE ALL
E
Y
PRIVATE ALL
E
Y
PRIVATE ALL
E
Y
PRIVATE ALLEY
PRIVATE ALLEYPRIVATE ALLEYPRIVATE
ALLEYPUBLIC ROAD - A(71' R/W) RES. WIDEASPIRE STREET
(71' PUBLIC R/W)
RES. WIDE PROP.
K
INGS
GRANT
DR
IVEEXTENSION
RES
.
W
IDE
ASPIRE STREET
EXTENSION RES. WID
E
2-B
2-A
2-B
2-A2-B2-A2-B
ASPIRE
S
T
R
E
E
T
(71' PU
B
LI
C
R/
W
)
RES. WI
D
E
APPROXIMATE
LOCATION OF BMP #2
PERMANENT FENCE
INSTALLED ADJACENT TO
OVERHEAD ELEC EASEMENT
PERMANENT FENCE
INSTALLED ADJACENT
TO GAS EASEMENT
6
8
0 680690 690700 700710710
7007
0
0
7
1
0
710710
720710
710710 710
700
710
690
690
700
700
710
710
690
700710
7
1
0
72
0
710
30'
24'
POTENTIAL TREE SAVE
AREA (TYP.)
R150'
±140' FUTURE
ROW
12' FUTURE MULTI USE PATH
FUTURE ROADWAY
CONNECTION
APPROXIMATE
LOCATION OF BMP #1
20'
20'
20'
POTENTIAL 4' WIDE WALKING TRAIL CONSTRUCTED
OF A PERVIOUS SURFACE. EXACT LOCATION TO BE
DETERMINED DURING PERMITTING PROCESS.
20'
R15'
R15'
R150'
R50'
126'
UNDISTURBED
50' PCSO
BUFFER
POTENTIAL
LIMITS OF 4'
WIDE TRAIL
20'
R15'
10' (TYP.)
16'
10' (TYP.)
R1755'
20'
20'
24'
R1600'
R15'
R15'
20'
5'
5'
5'
5'
5'
5'
5'
6'
6'
13.5'
6'
13.5'
DEVELOPER TO INSTALL LEFT TURN LANE WITH 100 FT OF
STORAGE AND 100 FT BAY TAPER, WITH UNDERSTANDING
THAT THE FUTURE NCDOT IMPROVEMENTS MAY RESTRICT
CERTAIN TURNING MOVEMENTS AT PUBLIC ROAD 'A'
EXISTING STREAM AS IDENTIFIED BY ECS
SOUTHEAST LLP REPORT DATED AUG 13, 2018.
COORDINATION WITH USACE AND NCDWR
UNDERWAY TO DETERMINE IMPACT.
KINGS GRANT DRIVE SHOWN BASED ON FUTURE
NCDOT IMPROVEMENTS. ULTIMATE
CONFIGURATION SUBJECT TO CHANGE BASED ON
ACTUAL CONDITIONS AT TIME OF DESIGN PLANS
12'
12'
8'
8'
R1490'
8'8'
POTENTIAL
OPEN SPACE
±0.21 ACRES
POTENTIAL
LIMITS OF 4'
WIDE TRAIL
R150'
UNDISTURBED
50' PCSO
BUFFER
UNDISTURBED
50' PCSO
BUFFER
24'
1-A 1-B84'42'
20'
20'
20'
D/W
FRONT
ENT.
REAR
2'
2-A 2-B
63'
20'20'
36'
REAR
D/W
REAR
ENT.
2'G:\NCA\Projects\NVR\5527-00 - Mallard Creek Multifamily\03 - DWG\PlanSheets\REZONING\RZ-1 REZONING PLAN.dwg Layout: RZ-1.0 Plotted: 12/12/2018 1:33:39 PMDESCRIPTIONREVDESIGNED BY:
REVIEWED BY:
DRAWN BY:DATE121 W. TRADE STREET, SUITE 1030CHARLOTTE, NC 28202www.bgeinc.comNC LICENSE #C-4397Know what's below.
before you dig.Call
R FILE NUMBER:
DATE:
5527-00 c 201812/12/2018NVR, INC.10710 SIKES PLACE, SUITE 200CHARLOTTE, NC 28277MALLARD CREEKMULTIFAMILYMALLARD CREEK ROADCHARLOTTE, NCNOT FOR
CONSTRUCTION
AB
LL
LL12PER CITY COMMENTS9/21/2018PER CITY COMMENTS10/15/20183PER CITY COMMENTS11/26/20184PER CITY COMMENTS11/29/20185PER CITY COMMENTS12/12/2018SCALE: 1" =
0
60'
30'60'120'
SITE DEVELOPMENT DATA
·ACREAGE: ±18.06 ACRES
·TAX PARCELS #: 02919113, 02919114, 02919115
·EXISTING ZONING: R-3
·EXISTING USES: VACANT
PROPOSED USES: SINGLE FAMILY ATTACHED
(TOWNHOMES) FOR SALE
PROPOSED ZONING: UR-2 (CD)
TOTAL UNITS: 186
DWELLING UNITS / ACRE = ±10.29
MAXIMUM FLOOR-TO-AREA RATIO: 1.0
MINIMUM BUILDING SEPARATION: 10.0 FT.
REQUIRED TREE SAVE AREA: 2.71 ACRES
PROPOSED TREE SAVE AREA: ±1.27 ACRES
ADDITIONAL ±1.44 ACRES OF TREE SAVE AREA REQUIREMENT TO BE
MET BY COMBINATION OF TREE PLANTING AND PAYMENT IN LIEU.
FUTURE ROW: ±2.95 ACRES
FRONT LOADED TOWNHOME = 23 UNITS
TYPICAL UNIT:
REAR LOADED TOWNHOME = 163 UNITS
REZONING PLANPETITION #2018-067RZ-1.0
5
5
ASPIRE STREET LEGEND
ASPIRE STREET EXTENSION AND
KINGS GRANT DRIVE EXTENSION
ASPIRE STREET
G:\NCA\Projects\NVR\5527-00 - Mallard Creek Multifamily\03 - DWG\PlanSheets\REZONING\RZ-2 REZONING NOTES.dwg Layout: RZ-2.0 Plotted: 12/12/2018 1:51:58 PMDESCRIPTIONREVDESIGNED BY:
REVIEWED BY:
DRAWN BY:DATE121 W. TRADE STREET, SUITE 1030CHARLOTTE, NC 28202www.bgeinc.comNC LICENSE #C-4397FILE NUMBER:
DATE:
5527-00 c 201812/12/2018NVR, INC.10710 SIKES PLACE, SUITE 200CHARLOTTE, NC 28277MALLARD CREEKMULTIFAMILYMALLARD CREEK ROADCHARLOTTE, NCNOT FOR
CONSTRUCTION
AB
LL
LL12PER CITY COMMENTS9/21/2018PER CITY COMMENTS10/15/20183PER CITY COMMENTS11/26/20184PER CITY COMMENTS11/29/20185PER CITY COMMENTS12/12/2018REZONING NOTESPETITION #2018-067RZ-2.0
“”
“”
“”
“”“”
“”
“”
’
’’
’
’
’
“”
5 5
5
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01925 County: Mecklenburg U.S.G.S. Quad: NC- Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Phyllis Stewart
Address:
5100 Glen Forest Drive
Raleigh, NC 27612
Telephone Number:
919-677-8000
E-mail:
zina.stewart(asas.com
Size (acres)
17 Nearest Town Charlotte
Nearest Waterway
Rocky River River Basin Upper Pee Dee
USGS HUC
03040105 Coordinates Latitude: 35.3680
Longitude:-80.7379
Location description: The review area is located on the north side of Mallard Creek, 0.4 miles southwest of the intersection of
Carolina Lilv Lane and Mallard Creek Road. PINS: 02919115. 02919114. and 02919113 (partial).
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters 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 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 11/12/2018. 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 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
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 at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters 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 on 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 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 on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have

SAW-2018-01925
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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below on DATE. 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. army. mil.
C. Basis For Determination: Basis For Determination: See the preliminary iurisdictional determination
form dated 10/3/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
'� Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573
Corps Regulatory Official: Date: 2019.10.0314:48:46-04'00'
Date of JD: 10/3/2019 Expiration Date of JD: Not applicable

SAW-2018-01925
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.artny.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: ECS Limited
Dave Valentine
Address: 1812 Center Park Drive, Suite D
Charlotte, NC 28217
Telephone Number: 704-525-5152
E-mail: dvalentine(Wecshmited.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
JL
FAtpplicant:Phyllis
Stewart File Number: SAW-2018-01925 Date: 10/3/2019
ached is:
See Section below
F11
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug latorLProgramandPermits.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 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 PERMI
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: 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. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/3/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Phyllis Stewart, 5100 Glen Forest Drive, Raleigh, NC
27612
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Mallard Creek Rd & Kings Grant
Drive, SAW-2018-01925
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side
of Mallard Creek, 0.4 miles southwest of the intersection of Carolina Lily Lane and Mallard Creek Road. PINS:
02919115, 02919114, and 02919113 (partial).
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3680 Longitude:-80.7379
Universal Transverse Mercator:
Name of nearest waterbody: Rocky River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 11/9/2019 by the Corps
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Type of aquatic
Geographic authority to
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
degrees)
degrees)
wetland vs. non-
"may be" subject (i.e., Section
and linear feet, if
wetland waters)
404 or Section 10/404)
applicable
SA
35.368338
-80.738788
304 Linear Feet
Non -Wetland
404
SB
35.368841
-80.737974
41 Linear Feet
Non -Wetland
404
Sc
35.368588
-80.737805
217 Linear Feet
Non -Wetland
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved 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 be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 6 dated 11/12/2018 and Sheets 1-5 dated 8/8/2018 and 8/9/2018 (USGS map)
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data.
® USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey. Citation: ESRI Soils Mapservice
® National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑Aerial (Name & Date):
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by
SHAEFFER.DAVID.LEIGH.12
60750573
Date: 2019.10.03 14:49:41
-04'00'
Signature and date of Regulatory
staff member completing PJD
10/3/2019
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.

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AeroGR ID, IGN, and the GIS User Community
0 300 600150
Feet FIGURE 6
ECS Project No.
Title:
Client:
Approved By:Date:
Drawn By:
WBFDEV
11/12/18WBF
49:7526
Project:
MALLARD CREEKMULTIFAMILY
MECKLENBU RG COUNTYNORTH CAROLINA
Chec ked By:
APPROXIMATE WATERS
OF THE U.S. AND
WETLANDS LOCATION
MAP
³
Notes:1. Jurisdictional waters of the U.S. were observed by ECS during the field reviews conducted on August10, 2018. Jurisdictional boundaries have been marked in the field with pink tape and approximated using a Trimble GeoXH hand-held GPS unit capable of subfoot accuracy.
This map is intended for planning purposes only.
2. Jurisdictional boundaries of thewaters of the U.S. have been verifiedby the U.S. Army Corps of Engineerson 11/9/18.
Legend
Proje ct Study Area
Stream
Stream A~304 lf-80 .7387 88, 35.368338
Stream B~41 lf-80 .7379 74, 35.368841
Stream C~217 lf-80 .7378 05, 35.368588
October 28, 2019
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-SLI-0060
Event Code: 04EN1000-2020-E-00154
Project Name: Mallard Creek Site

Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmls/project_review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant_survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
10/28/2019 Event Code: 04EN1000-2020-E-00154   2

New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
10/28/2019 Event Code: 04EN1000-2020-E-00154   3

▪
▪
▪
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
Official Species List
Migratory Birds
Wetlands
10/28/2019 Event Code: 04EN1000-2020-E-00154   1

Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]
10/28/2019 Event Code: 04EN1000-2020-E-00154   2

Project Summary
Consultation Code:04EN1000-2020-SLI-0060
Event Code:04EN1000-2020-E-00154
Project Name:Mallard Creek Site
Project Type:DEVELOPMENT
Project Description:Proposed development
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.368399225204456N80.7376053327562W
Counties:Mecklenburg, NC
10/28/2019 Event Code: 04EN1000-2020-E-00154   3

1.
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Clams
NAME STATUS
Carolina Heelsplitter Lasmigona decorata
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/3534
Endangered
1
10/28/2019 Event Code: 04EN1000-2020-E-00154   4

Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Endangered
Smooth Coneflower Echinacea laevigata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3473
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
10/28/2019 Event Code: 04EN1000-2020-E-00154   1

1.
2.
3.
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/species/1626
Breeds Sep 1 to
Jul 31
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 1
to Jul 31
1
2
10/28/2019 Event Code: 04EN1000-2020-E-00154   2

1.
2.
NAME
BREEDING
SEASON
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 1 to
Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Sep 10
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds
elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Aug 31
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting
to interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
10/28/2019 Event Code: 04EN1000-2020-E-00154   3

3.
▪
no data survey effort breeding season probability of presence
The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC Vulnerable
Prairie Warbler
BCC Rangewide (CON)
Prothonotary
Warbler
BCC Rangewide (CON)
Red-headed
Woodpecker
BCC Rangewide (CON)
Rusty Blackbird
BCC Rangewide (CON)
Wood Thrush
BCC Rangewide (CON)
Additional information can be found using the following links:
Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
10/28/2019 Event Code: 04EN1000-2020-E-00154   4

▪
▪
Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
10/28/2019 Event Code: 04EN1000-2020-E-00154   5

1.
2.
3.
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
"BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
"Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
10/28/2019 Event Code: 04EN1000-2020-E-00154   6

What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ “What does IPaC
use to generate the migratory birds potentially occurring in my specified location”. Please be
aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no
data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds” at the bottom of your migratory bird trust resources page.
10/28/2019 Event Code: 04EN1000-2020-E-00154   1

Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.
October 28, 2019
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-TA-0060
Event Code: 04EN1000-2020-E-00155
Project Name: Mallard Creek Site
Subject:Verification letter for the 'Mallard Creek Site' project under the January 5, 2016,
Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-eared Bat
and Activities Excepted from Take Prohibitions.
Dear Paul Stephens:
The U.S. Fish and Wildlife Service (Service) received on October 28, 2019 your effects
determination for the 'Mallard Creek Site' (the Action) using the northern long-eared bat (Myotis
septentrionalis) key within the Information for Planning and Consultation (IPaC) system. This
IPaC key assists users in determining whether a Federal action is consistent with the activities
analyzed in the Service’s January 5, 2016, Programmatic Biological Opinion (PBO). The PBO
addresses activities excepted from "take"[1] prohibitions applicable to the northern long-eared bat
under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et
seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBO satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.
10/28/2019 Event Code: 04EN1000-2020-E-00155   2

▪
▪
▪
▪
This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA-
protected species that also may occur in the Action area:
Carolina Heelsplitter, Lasmigona decorata (Endangered)
Michaux's Sumac, Rhus michauxii (Endangered)
Schweinitz's Sunflower, Helianthus schweinitzii (Endangered)
Smooth Coneflower, Echinacea laevigata (Endangered)
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
________________________________________________

[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].
10/28/2019 Event Code: 04EN1000-2020-E-00155   3

Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Mallard Creek Site
2. Description
The following description was provided for the project 'Mallard Creek Site':
Proposed development
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.368399225204456N80.7376053327562W
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service’s PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
10/28/2019 Event Code: 04EN1000-2020-E-00155   4

The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service’s PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA-listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).
10/28/2019 Event Code: 04EN1000-2020-E-00155   5

1.
2.
3.
4.
5.
6.
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service’s January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
Is the action authorized, funded, or being carried out by a Federal agency?
Yes
Have you determined that the proposed action will have “no effect” on the northern long-
eared bat? (If you are unsure select "No")
No
Will your activity purposefully Take northern long-eared bats?
No
Is the project action area located wholly outside the White-nose Syndrome Zone?
Automatically answered
No
Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?

Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases – the availability of this data varies state-by-state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/
nhisites.html.
Yes
Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
10/28/2019 Event Code: 04EN1000-2020-E-00155   6

7.
8.
9.
10.
Will the action involve Tree Removal?
Yes
Will the action only remove hazardous trees for the protection of human life or property?
No
Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No
10/28/2019 Event Code: 04EN1000-2020-E-00155   7

Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type ‘0’ in questions 1-3.
1. Estimated total acres of forest conversion:
15
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type ‘0’ in questions 4-6.
4. Estimated total acres of timber harvest
0
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type ‘0’ in questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type ‘0’ in question 10.
10/28/2019 Event Code: 04EN1000-2020-E-00155   8

10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?
0
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