20181218 Ver USACE Updated PCN Compiled _022520_20200225

Preliminary ORM Data Entry Fields for New Actions WEPGWetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2018 - 01705 BEGIN DATE [Received Date]:
Prepare file folder
Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Farmington Mixed -Use Development - Phase 1
2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN submittal for a mixed -use development in Mecklenburg / Cabarrus Co.
4. Property Owner / Applicant [PCN Form A3 or A4]:
Rocky River Road Associates, LLC
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.2870,-80.6728; Located on the north side of Rocky River Road and adjacent to the east side of
1-485.
8. Project Location - Tax Parcel ID [PCN Form 131a]: 10536101 , 5506141031
9. Project Location —County [PCN Form A2b]: Mecklenburg / Cabarrus
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: Fuda Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105
Authorization: Section 10 ❑ Section 404 W1 Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 18,29,39
❑ Regional General Permit #
❑ Jurisdictional Determination Request
R
Pre-Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
February 24, 2020
Ms. Catherine Janiczak
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue
Asheville, NC 28801-5006
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Moorseville, NC 28115
Ms. Karen Higgins
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: Pre -Construction Notification for NWP #s 18, 29 & 39 for the Farmington Mixed -
Use Development Site, Charlotte, Mecklenburg County, North Carolina.
Mmes. Janiczak and Higgins and Messrs. Johnson and Hamstead,
Enclosed is a revised request for a Nationwide Permit #s 18, 29 & 39 for the approximate 152.2 -
acre site known as the Farmington site located on the north side of Rocky River Road and
immediately adjacent to the east side of I-485. The site encompasses property in both
Mecklenburg and Cabarrus County. Currently this site is being proposed as a mixed -use
development (commercial and residential) and consists of fifteen streams and twenty seven
wetlands. These features were field -verified by William Elliot (USACE) and a preliminary
jurisdictional determination was approved on August 28 h 2015 (SAW-2014-01152). Please
refer to the Jurisdictional Determination section for information on onsite surface waters.
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. 1
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
len. ri [e-mail]

Wetlands and Environmental Planning Group
Leonard 5. Rindner, PLLC.
Based on our previous discussions regarding the logistics associated with phased mitigation, the
application is being resubmitted in multiple phases. Phase 1 is presented here and includes
impacts associated rough grading, BMP construction and utility installation. A followup
submittal for Phase 2 will include impacts associated with road crossings specifically associated
with the mixed -use development, and also an additional PCN will be submitted for an
onsite/offsite sewer connection.
As shown on the attached exhibits, the proposed project will include impacts associated with
BMP installations and a sanitary sewerline crossing. Impacts to site surface waters associated
with the proposed development were limited through site selection location, design,
location/orientation of the proposed lots, associated parking areas and access routes. Total
permanent impacts proposed are to 0.075 acres of wetland (Wetlands A, B, NM, 00, WB &
WE) and 46.2 linear feet of stream (Intermittent Stream NN).
Efforts of impact minimization were implemented during the design to preserve the existing
channel hydrology and limit adverse effects to existing, onsite natural habitat. The wetlands
impacts have been minimized to include only required access and storm water controls. The
temporary impacts for the required sanitary sewer infrastructure have been limited to one
location. The applicant has demonstrated substantial avoidance and minimization efforts in
which the majority of the 6,937 linear feet of stream channels and 1.59 acres of wetlands onsite
will be avoided on the project.
Due to limited impacts associated with this phase, no compensatory mitigation is proposed.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species or their critical habitat as designated under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the terrestrial species evaluation. Thank you for your consideration and please contact
me if you have any questions, [phone] or email at [e-mail].
Sincerely,
Daniel Kuefler
Environmental Scientist
Len Rindner, PWS
Principal
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 2
len.rindnerga wetlands-epg.com

Permit Application

a`'oF wArE�Q�
0 vfllt:� ^Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 18. 29. 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑x No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Farmington Mixed -Use Development - Phase 1
2b.
County:
Mecklenburg / Cabarrus
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Rocky River Road Associates, LLC
3b.
Deed Book and Page No.
24792-354, 8789-255
3c.
Responsible Party (for LLC if
applicable):
James E. Merrifield
3d.
Street address:
2400 South Boulevard #300
3e.
City, state, zip:
Charlotte, INC, 28203
3f.
Telephone no.:
704-561-5241
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Daniel Kuefler
5b.
Business name
(if applicable):
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28227
5e.
Telephone no.:
336-554-2728
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
10526101, 5506141031
1 b. Site coordinates (in decimal degrees):
Latitude: 35.2869 Longitude:-80.6728
1 c. Property size:
152.2 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Fuda Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
j 03040105 - Rocky
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 primarily of vacant cleared fields with scattered forested areas. General land use in the vicinity consists of light commercial
development, residential development, and agricultural use.
3b. List the total estimated acreage of all existing wetlands on the property: 1.59
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,937
3d. Explain the purpose of the proposed project:
The project consists of grading, fill, utility crossings & BMPs for a mixed -use development.
3e. Describe the overall project in detail, including the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
0 Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
Comments:
project (includingall prior phases)in the past?
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary ❑X Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: WEPG
Name (if known): N.Nelson - WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
WEPG's delineations were field -verified by William Elliot (USACE). A copy of the approved Jurisdictional Determination signed 08/28/2015
(SAW-2014-01152) is attached.
5. Project History
5a. Have permits or certifications been requested or obtained for
❑X Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A previous permit approval has been issued for this project (SAW-2018-01705). Based on discussions with USACE regarding the
logistics associated with phased mitigation, the application is being resubmitted in multiple phases as described in section 6b
and detailed in the cover letter.
6. Future Project Plans
6a. Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
Phase 1 includes the impacts that are associated with rough grading, BMP construction, and utility installation. Phase 2 will include
impacts associated with road crossings. An additional PCN will be submitted for an onsite/offsite sewer connection.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑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.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.017
W2 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.054
W3 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.004
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.075
2h. Comments:
W1 Impacts include Wetland 00 (0.017 ac) for BMP fill under NWP 18.
W2 Impacts include wetlands WE/WB/A/B (0.054 ac) for commercial grading/fill under NWP 39.
W3 Impacts include Wetland MM (0.004) ac for BMP grading under NWP 18.
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 T
Excavation
Stream K
PER
Corps
6
20
S2 P
Fill
Stream NN
INT
Corps
4
46.2
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
66.2
3i. Comments:
Temporary Stream Impacts noted above are due to sewer line crossings that are not feasible by directional boring.
S1 Impacts include Stream K (20 LF) for sanitary sewer installation under NWP 29.
S2 Impacts include Stream NN (46.2 If / 0.004 ac) for BMP construction under NWP 18.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the numerous on site streams and wetlands, opportunities to avoid these areas were limited. Impacts to site surface waters
associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots, associated
parking areas and access routes. Please refer to cover letter for additional details regarding specific avoidance and minimization measures.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ 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 Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
80 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm
water on the site will be handled by facilities shown on the attached plans. The stormwater plan will
be reviewed by both Mecklenburg County
and the Town of Harrisburg. The stormwater plan has not yet been submitted to /approved by Meckenburg
County and the Town of Harrisburg but it
has been designed to meet both their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County / Town of Harrisburg
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Mecklenburg County / Town of Harrisuburg
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
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
❑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 2B .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
x❑Yes
❑ No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
As noted above, subsequent phases will involve impacts associated with road crossings (previously permitted) and an offsite
sewer
connection.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater
generated on the site will be transported to the nearest treatment facility via sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat
but the project is exempt as noted in the included T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: http://gis.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No fill / grading will occur within the floodplain as part of the proposed project
8c. What source(s) did you use to make the floodplain determination?
http://polaris3g.mecklenburgcountync.gov ; https://gis.cabarruscounty.us/mycabarrusgis/
signed by
DigiKuefler
lol=WEPG,
Daniel DN Itcnly Daniel Kuefler,
ou,
email=daniel. kuefler@wetlands-
Daniel Kuefler
Kuefler epg.com,c=us
02-14-2020
Date: 2020.02.14 14:37:49-05'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

1Ne*'.-A-Os T = rtr,1 f twit e� r 1 r nirt C>. csup
Agent Authorization Letter
Loor-=rd Rindn,�r. C'LLC.
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Farmington
Property Address: 152.2-acres north of Rocky River Road and adjacent to the east side of I-485.
Parcel Identification Number (PIN): 10536101 (Mecklenburg) and 55061407290000 (Cabarrus)
Select one: I am other
Name: James E. Merrifield
Company: MPV Properties
Mailing Address: 2400 South Boulevard #300, Charlotte, NC 28203
Telephone Number: 704-561-5241
Electronic Mail Address: [e-mail]
%©
* The lbterested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
cC ,: okl'�: OfiicC" +.-rwv ,wot€Ands,-�a?xim
&he v lle Office:
10612Pi? Rd.
1070 Tut,s?e:C Rd,, B:dy;, C
Pma 5 o
pp FMB
�ti l�e* C V. i� �4i &6i�
28
q
C r=rCe:tcW: WC 282'17
:'dt vile, NC 2880
(70-1) 90,, .2277

N
_rz
V)
Q
►0
Maps/Plans

--
i ------'
C A B A R R U
____
--
-- ' HARRISBURG
—•
INDUSTRIES
r
WIND50
! Harrisburg
FOREST
AILDVwELi ORCAARD PARK
R.USINESS PART{
WPLLs RuN
r^ SITE
COVENTRY FENToN-D
N 8 U R G
FRAmas PARK
5
CAM ELOT
J01
MOBILE
2014 iA iarosoft Coiporatiar,
FARMTNGTON RIDGE
CLARE
Q20tSNoke
HAVEN
a�
',
SITE
MAGN-
SARIh
4
LITCH€IELD
VILLAGE
lip
i t
5�
fi KENSINGTON
FOREST MCMI
BRADFORD
FOREST WEAT H ERST0 N E
_
Plne RiA RROOKDAILE
Ta
TOYJIVHOMES
OAK I-
N
,
CHESTNUT MILLS %',
'
k in
CABARRUS WOODS
6'
„
- ••D 4 Mi--rosoft�orporatian t 2013 Nok=_
LEONARD S. RINDNERPLLC
FARMINGTON
sheet:
Page:
Figure No.
wetlands & Environmental Planning Group
1
Mecklenburg Co. / Cabarrus Co.
3714 Spokeshave Lane
Drawn
Reviewed
Matthews, NC 28105
by: NRN
by: LSR
(704) 904 - 2277
VICINITY MAP
\
[e-mail]
Date:
*Approximate Boundary
6-11-12

NG-
PA kk
le.
%
L Pike REe
tP'NN
13 GO
CAME
MOB
JlkL'
7r*0 KDA i L
Np HOME!

{stir. r- — :w I •-_ -. -
IL
� �,� ray _ •—•y 1 5�.• — � - _ •. ,
SITE f f
¢fi
-��— f � �_''�� .�— M1 4 ALL "-� . .� � _ — � 1 7•'•- s �_j
7.
If I
F I�5~� I •fix 5 r 1 I' x L , I.t• �ti•_ t
USGS QUAD
LOCATION Harrisburg (NC) 1
Lat: 35:2888 ON HUC: 03040105 SCALE
Lon 80 67.74 °W Rocky River
g 1:24,000 Iq1i VIM
1 N
LEONARD S. RINDNERPLLC
FARMINGTON
sheet:
Page:
Figure No.
wetlands & Environmental Planning Group
Mecklenburg Co. / Cabarrus Co.
Drawn
Reviewed
3
3714 Spokeshave Lane
by:NRN
by: LSR
Matthews, NC 28105
(704) 904 — 2277
[e-mail]*Approximate
jJSGS MAP
Bound rY
Date:
5-6-13

1
U
Figure No. LEONARD S. RINDNERPLLC FARMINGTON
4 Wetlands & Environmental Planning Group Mecklenburg Co. / Cabarrus Co.
3714 Spokeshave Lane
Matthews, NC 28105 SOIL MANUSCRIPT
(704) 904 — 2277 MAP
[e-mail] *Approximate Boundary
CIm ;
Sheet: I Page:
Drawn Reviewed
by: NRN by: LSR
Date:
6-u-tz

Figure No. I LEONARD S. RINDNER PLLC
5a Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, NC 28105
(704) 904 — 2277
[e-mail]
FARMINGTON
Mecklenburg Co. / Cabarrus Co.
SOILS MAP
*Approximate Boundary
Sheet:
Page:
Drawn
Reviewed
by: NRN
by: LSR
Date:
6-11-12

x
Z
�C
0
� I
a
_ OO
— Zcn
coco
dOZOI
221
LL
(D
t.
o
L.L
LU
LL >
fC 0 U
d � r
0o�,

L:
a�
J
r
CL
ul v
o fo
m z
JLJ� ►I y m
� u
� ❑ p
a
w
y' H af z w z
o
Q P Q u o 0 ci o 0
a c w Q0 w 4a
7 r CA r co m N
N (f� 0 2 LO Cn U N 47 a) O N
a a �
C _ ❑ ~4 oLn
CL w CD
Oc� a c
R o O W N LU
75 ate... Q E j W � �
Ul r 7 �' Q tL` C
a a o L� �v u1 a
QL
to 0
C9 a CU m o O Q U 0 -v - a O
C6
uJ
a �,
m
q
W
F-
U
W
LO
r
U
w
N
Q o
a
ti
TLU
W
N
c)
LL
ui
Q
r
N
❑Qo
zy
(�
J
J
LL
In
LL
O
U

1
WETLAND
i 1--,_-WEILAND
PEREMIAL RPW PERENNIAL FM
STREAM S STREAM K SEASONAL RPW JJ
111 INPeRewIAAt_ RPw.. y I
STREAM N 5EASONAL RPW SEASONAL RPW II
SEASONAL RPW STREAM BS
STREAM %\ P ❑ WE LAND EE I SEASONAL RPW
� D WETLAND CC STREAM LL
'I'h ti
WETLAND WETLAND R WETLAND AA
SEASONAL RPWI WETLAND Z SEASONAL RAW
STREAM M 11 WETLAN7] STREAM W
11 11 PERENNIAL RF'W r r SEASONAL RPW
STREAM K STREAM V
,11 11 a
PERENNIAL RPw
PERB HAL RPW / PEREMIIAL RPW WETLAND u STREAM KK
11 11 WETLAND I j
x (J HROOKDALE
11 11 WETLAND A NOW OR FORMERLY
ROCKY RIVER ROAD ASSOCIATES LLC
WETLAM
LDR- 8987-0255
WETLAND J WETLAND F� WF' PIN 5506I40729
1 11 11 WETLAND
11 11 1 WETLANv oa
,PERENNIAL WETLAND WE
11 STREAM D WETLAND WEI l A
11 11 l
11 11 I -AND WETLAND B
11 11 INTERMffTENT
11 INWETLAND A ' FM NN
11611
NOW OR FORMERLY
ROCKY RIVER ROAD ASSOCIATES LLCl
11 '' DR 24792-354
PIN 105-361-D1 WETLAND MM
1 11 11 � FAi#fd4T0iV RDC+E PAFitWAY
11 11 EXETM THOROUOFFARE
11 11 �
11 11
1 1, 11 11
� 11 11
- - - ---------------------
SHEET TITLE SAW-
EXISTING SITE CONDITIONS '"-50°'
TE
12/07/17
PROJECT DTG r
FARMINGTON MAH r
CRAB ORc:Kq0 TWSP, MECK. CO, NC
Soo a 250 Soo 1000 FOR. ROOK' RIVER ROAD ASSOCIATES LLC
iaft I Tae.
Planning o Krveying o Hxsinscrlxs Figure
p
GRAPHIC SCALE nc ca ..ee �. North rrw` .. am �e. 11-w C—ILM 2KS4 v
IN FEET ) / !!on -G1m 7N4.MeAW 704.eea.oao la)

a•
PHASE 2
MPACT
1 7
PHASE,
_ = f LIPAC
PHASE I.
WACr
PAC
NOW OR. FORM
_ R CKY RIVER f
D13, 2479 354
1 1 PIN 105-3 -01 �s'r�•y? r ' 1
t
FAFAMWON FIDGE,EPA AY
BOMM MIT mr
500 0 250 500 1000
GRAPHIC SCALE
( IN FEET )

d PROP08ED EENF3i CF OSMOG
' 0 TSFORARY STREAM WACT
BEE DETAL r
i
11 1� 1 '� .Y{�" tip: BMP
WETLAND UPACr
w1 SM bETFL'C 11
SHEET 4OF7
is
ty,,
�.. PLC
E
P F40
111 11 1 7
�
R�oroeeF- WAD cTaaeeNw `�� � ` / r . ! • 11
WETLAND UPACr
SEE DETAL 'D' \ f 11
aF�r 6 OF 7,
J I • Y
NQW 11 6k- Fri k PFK POB® BW
1 1' CKr RIVER 1 WETLAND AND BIREMI WAGT
'D'B 2479 354 �' SEE DETAIL
l 1 1 PIN 105-3 -01 SHEET 7 OF 7
I 1 xry FAR IANaTON FILE PARKWAY
i s F EXISTNA THOROWWARE
f ,
11 11 -
� Q�
r
11
SHEET TITLE "W_
OVERVIEW OF IMPACTS =500'
12/08 /17
MAW TT —
PROJECT BTG
/FARMINGTON MAH V
son 0 250 500 1000 FOR ROCKY RNER ROAD ASSOCIATES LLC
Ypla"t ms 0 sor1itylas8 ar NoTnas, Ii¢c. Figure
r[annrnr a Sr►veylaj o 8srrar.rlsj 10
zvii.d— a.& t—t o. r :.a
GRAPHIC SCALE ca.KotW. Rorte CMULn Mn PtmwMK xata c. U.
( IN FEET ) ffAdfftrmU= c-oars 704aobAM "4.Mt.oea fug

I
r
WE7LANd "04"
II
-rr, r
w
w
\
I 1
17,iii=lL
\
r 111
w w
,' y
� 'lllfi ��i_ I
�
- 1
li .Ti
/
WETLAND "00"
.of
IMPACT: 741 SF
w w w w W w
W w
i
1
�•► A
4UNUT, A 0
\
- 0 L.F. STREAM IMPACT
�OD 0.017 AC WETLAND IMPACT
50 0 25 50 100
GRAPHIC SCALE
SHEET TITLE mW_
WETLAND IMPACT
DETAIL 'OV
PROJECT
FARMINGTON
TWSP f I TOWN OF HARMIK CA9AFi M CO, NC
FOR: ROCKY WIM ROAD MOOMMS LLC
YAasaoucx-m«• •■u� � Hausa, Wc.
Pls>Ksls= n Srrderd>Kf � 8>K IrMr.ri>Mr
�o`�im.,r atr Cav! Fa. A� ucn
xc ay.�,,.ta ca.asw.. aase c.:am� Ai�P9 r!¢.r�s, ac�rh Gr.uoti Amu
�,�-gym ao�neeswc aoaen�r
gure
11

+
STREAM "C"
}
W ti
WETLAND "WE"
r
r �
WETLAND "WE"
BM
_ L '
IMPACT. 383 SF
�QO �1
,
TREE SAVE/STREAM
+
1 ; BUFFER
r
�+
1 '
WETLAND "A"
SPLITTER BOX
\
r
WETLAND "WB"
IMPACT: 49 SF
r'
WETLAND "C"
IMPACT: 401 SF
�
r
i
70
WETLAND "A"
IMPACT: 1,249
SF
rr
"B"
WETLAND
IMPACT: 287 SF
1
1 �
�
�
w +
7O6
1
ti
1
0 L.F. STREAM IMPACT
�1
SHEET
0.054 AC WETLAND IMPACT
TITLE
WETLAND
DETAIL
IMPACT
"D"
1"=50,
so 0 25 s0
100
12/08/17
PROJECT
FARMINGTON
CRAB ORMW
FORROCKY
TVW, NECK 00, NG
RIVER ROAD LLC
8TG
5MOWN
AH
- Houma, rya.
YPlansi
Figure
xc cmyamt,
g a ylass�
Prrrslaj o srrrryir= o x,�� r...rfEl,
� �• b&V ems, urn Cud" Emx
12
GRAPHIC SCALE
( IN F`EEr
uo„ Of sn.aee,aoo mieedomm(L.1
s

J r J � } I �p�, �� ■ r J
/ I+U'1'URI;, r1"AlUll1VC�I'ON RIDGIN PARKWAY ■—■ ¢ �r ■— rl r r 'll10RO UC.I II -ARl-, BY0,111I',1ZS �— r
r
!J rr r/ r! rrr � — � � r- r� � rrrr�•.
/r t / r � — r r • err �_�
/ r /IF
r ! r � !/ rr ■ — �� yyr � ��
r r EX. TOP OF STREAM BANK. / ■ r STREAM
r
I � � r-
- r �
_ 1 STREAM K;
TEMPORARY-----��■rr
■ ! !/ /. \ J IMPACr: 20 L.F. -'
V.
r r r
r r
r-
r
' 1 ,. !J /t rr I■-1 '` 1 rrr ram.
--
t
-�-
1
rr �; / � I ' ! + �' 1 � /,'¢ /' rrr /•' � � r
141RhIING'!'{]N RiDGI? I'ARKWAY .—
I
ri 1 II 1 1 II I Il ol'osr'.D 17IUROUGIH�A1tIi !r
r ! I 1 r
. •/ ,yam �-. 1 I .' �r / / J f /J
/ ! J
r / ! , 1 / r I ! r♦
20 L.F. TEMPORARY STREAM IMPACT
APKSHEET TITLE SAW_ _ _
WETLAND IMPACT =50-
DETAIL "I" 12/07/17
PRIIJECTFARMINGTON RIDGE PARKWAY BTc
aka PLAZA ROAD EXTENSION) MAH
TWV # 1, TOWN OF HARMURQ CABAMM oo, NC
50 q 25 50 100 FM THE TOWN OF HAS
Yae -W s a Hou$, ic. Figure
P1xxmisig o Sarvaylso; o BoIxex
p�x 13
GRAPHIC SCALE xc ca po..e. cn,riou., Nash c.romu. Mrs PW.,x., xwh c.Vilm mE34
( IN FEET ) 70"wim 7o►, mome(w

1
1
r
1 �
r � �
I_'.11
':wz'3e
.,atk`';'E{
INTERMITTENT RPW "NN"
fMPACT: A6 40 LF
/
f
�
I
WETLAND "MM"
INTERMITTENT
IMPACT: 182 SF
RPW "NN"
- ��
WETLAND "MM"
— — - - — -
��
PROPERTY
LINE
46A8 L.F. STREAM IMPACT
- -
i
0.004 AC WETLAND IMPACT
TITLE
wftSHEET
SAW
—
WET -AND IMPACT
DETAIL AJ"
12/08/17
PROJECT
W%N By
BTC
FARMINGTON
TWr f t TOWN OF HAFNcI IR CAeAMW CO, SIC
MAH
5a 0 25 50
100
FOR ROCKY RWR ROAD AS90aATF8 LLC
Y l n ning - -W Surveying
x Houca, list
PI..�rMs � Srrreyrarx o Bx r,r...trr
Figure
14
V"ok� «1
GRAPHIC SCALE
me carpo to 0.,Wtv, xwtk cuVIEW mu
( IN F%ET)
uoa tg773

� ` 1 I � � 1111 1 1V p4lil Il 1
1k .xl, ,•.
aan x
„ x
K S:e L ' � '11
1� `ll 11
Mill' ME
I
Ca S u
���
j� dddd
ro
let
'll
rr
L
3 LO

1. UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKRI L
AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS
DISTURBED SURFACES
2. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATION, GRASS DISTURBED
AREAS (SEED, FER RLIZER do STRAW MULCH) STREAM BANK, TOP OF BANK AND
DISTURBED AREAS UPLAND OF STREAM
3, INSTALL COIR FIBER NET/MAT STARTING MINIMUM 12' BELOW WATER SURFACE
ELEVATION AND EXTENDING A MINIMUM 5' BEYOND TOP OF BANK. MINIMUM
SPECIFICATIONS FOR COIR FIBER NET/MAT AS FOLLOWS,
— MIN. THICKNESS OF 0.30 INCHES
— 100% COCONUT FIBER AND WOVEN INTO THINE
— AVG- WEIGHT OF 20 OUNCES/SQ. Y➢,
4, COIR FIBER NET/MAT SHALL BE SECURELY HELD IN PLACE HITH USE OF WOODEN
STAKED AND WIRE STAPLES (AS NEEDED)
5. INSTALL LIVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING
2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR
ADDITIONAL REQUIRNENTS.
8. INSTALL SILT FENCE "RE REINFORCEMENT ALONG TOP OF BANK (ADJACENT TO
END OF COIR FIBER NET/MAT) FOR HIOTH OF DISTURBED SOILS.
WATER SURFACE ELEVATION
COIR FIBER NET/MAT
GRASS (SED, MULCH h FERTILIZE) -
REMAiNiNG DISTURBED STREAM BANK
AREAS INCLUDING TOPS OF BANK
(UNDER COIR NET/MAT)
LIVE STAKE (WILLOWS OR -
SPECIES APPROVED BY
COW/OHE.C) FOR FIRST 24-
ABOVE NORMAL WATER
SURFACE ELEVATION
12't
1, LIVE STAKES SHALL DE APPROXIMATELY 24'IN LENGTH
2. LIVE STAKES SHALL B£ 0.5'-1.5' IN DIAMETER AT THE TIME
OF PLANTING
3. LIVE STAKES SHALL BE BLACK NQLOW OR SPECIES
SPECIFIED BY COE/DHEC OR CONSULTANT
H
i. SPECIES SHALL BE DORMANT AT THE TIME OF ACQUISITION
AND PLANTING AND LOCALLY GROWN/HARVESTEO
5, LIVE STAKES SHALL BE SPACED 3' O.C.
6, LIVE STAKES SHALL BE PLANTED A MINIMUM OF 18' IN
DEPTH XITH NO MORE THAN 4'-8' OF STAKE EXPOSED
LIVE_ STAIN DETAIL
EXTEND COIR FIBER MAT
5' BEYOND TOP OF BANK
�-
EXTEND COIR FIBER NET/1dAT
W E I 12' BELOW WATER SURFACE
ELEVATION
STREAM BANK STABILIZATION - LIVE STAKE
TYPICAL DETAIL — N.T.S.
5 0 2.5 5 10
VERTICAL GRAPHIC SCALE
( IN FRET )
20 ❑ 10 20 40
I
HORIZONTAL GRAPHIC SCALE
( IN F'EEr )
INSTALL SILT FENCE
REINFORCED HITH HOC
WRE AT TOP OF BANK
(EDGE OF COIR FIBER
NET/MAT)
' ARGE ROCK (SHOT OR IMPORT]
AY BE USED TO REFORM
(REAM BANK (STACKED). 18- OF
nL SHALL COVER STREAM
DE FACE OF ROCK STACK.
ISE OF ROCK TO ANCHOR BANK
OPTIONAL)

O
.4-J
.E
v
v
w
O
u
Ln
.Jurisdictional
Determination Information

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action T.D.: SAW-2014.01152 County: Cabarrus U.S.G.S. Quad: NC-HARR.ISBURG
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Rocky River Road Associates, LLC
Address: 521 E. Morehead Street, Suite 400 Charlotte, North Carolina 28202
Telephone No.: 704 561 5241
Property description:
Size (acres): 183 acres
Nearest Town: Charlotte
Nearest Waterway: Fuda Creek
Coordinates: 35.286981,-80.672756
River Basin: Rocky
Hydrologic Unit Code: 03040105
Location Description: The site is located on the north side of Rocky River Road and immediately adjacent to the east side
of 1- 485 and encompasses property in bouth Mecklenburg and Cabarrus County, North Carolina (PIN) 10536101-75 acres,
5506141031-108 acres
Indicate Which of the FoIlowin Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). 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.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
X There are waters and wetlands on the above described 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 strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We
strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
X The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on June 11, 2014. 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 property which are subject to the
perrnit 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.
Action Id.: SAW-2014-01152
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Arny permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property is known as a tributary to Buda Creek which flows into the Rocky River. The Rocky Flows to
the Upper Pee Dee River. Yadkin River joins the Uwharrie River to form the Pee -Dee River. Pee Dee River enters
the Atlantic Ocean through Winyah Bay in South Carolina. So drainages in Iredell, Rowan, and Wilkes drain to
Yadkin River (before it's confluence with Uwharrie River). Drainages in Cabarrus, Mecklenburg, Stanley, and
Union drain to Pee -Dee River.
D. Remarks: Jurisdictional "Waters of the US" have been identified on this property as depicted
by submitted Jurisdictional Request Package on file.
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)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can mare an administrative appeal under 33 CPR 331. Enclosed you will find a 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 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
Corps Regulatory Official: William Elliott
Issue Date: August 28, 2015 Expiration Date: August 27, 2020
2

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 our website at littp://pert.nwp.usace.army.mil/survey,litml
to complete the survey online.
CF: Leonard S. Ridner, PLLC, WEPG 3714 Spokeshave Lane, Matthews, NC 28105
3

0
W
C
J
�3 0
o <y
>
O
-p
V
z c a 'E
Q c�
z
z -
O
a
Q
Qp gir
Y
00
�a
00
Z
;cD
LL
o
(�:=M L L
oa�co
z>o
Qof�ziw
S
�3a MF
o
a
3
z
O
0.
0.
J
Z
J
z
Q
zz
...• r W
W
N
O
Q
LU
LU
fN
to
to
m ZQO
0. z000.
U OHZ ?�
O Q ~OgLU
0'
a o g !L, W
0
W W q
fN
U I \
g ` z
F
W gLU
IT
g_
W

v
v
ro
w
Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Farmington
Cabarrus and Mecklenburg Counties, North Carolina
By: Lisa R. Gaffney
April 26, 2018
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
I en. ri nd ner@wet Ian ds -epg. co nn

Farmington Site - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Farmington Site — formerly called Rocky River Road - (+/- 152.2 acres) is
located just north of Rocky River Road; and just east of Interstate 485; in
Mecklenburg and Cabarrus Counties, North Carolina. It can be found on the
Harrisburg NC USGS Topographic Quadrangle Map; latitude is 35.2909 N,
longitude is-80.6746 W. The topography is gently to moderately sloped. The
elevation ranges from 670 to 730 ft. The project is bisected by the
Cabarrus/Mecklenburg county line. (Figure 1). The site is primarily old farmland
and woodlands covered with successional old fields, old pastures, fencerows, dirt
roads, and mixed pine and hardwood forest that is disturbed throughout.
Figure 1:
ROCKV RIVER RD
Harrisburg, NC
t.EONARD S. RIKDN ER PLLC
Figure No. Wellauds& )Environmental Ph ito in Z Grou 1) ROCKY RIVER RD.
3
Irru..n Rr•ir,reJ
3714 SpokcSlravc U- Tic h'':ti111 h,: f NR
Mattimix-s, NC 2905
[phone] USGS MAP �•°
LEN.RINDNERPWS'rr.gmail.coln 'Appro\iacnc Srnindin
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/nc counties.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Cabarrus and Mecklenburg Counties, North Carolina, the results of which are
listed below (Tables 1 & 2). Maps and aerial photographs were assembled, and
the site was investigated during the weeks of April 2 and April 16, 2018
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on April 2, 2018
Group Name Status Record Status
Invertebrate
Carolina Heelsplitter (Lasmigona
Endangered
Current
decorata
Invertebrate
Rusty -patched Bumble Bee
Endangered
Historic
(Bombus affinis)
Vascular Plants
Smooth Coneflower (Echinacea
Endangered
Current
laevi ata
Vascular Plants
Schweinitz's Sunflower (Helianthus
Endangered
Current
schweinitzii)
Vascular Plants
Michaux's Sumac (Rhus michauxii)
Endangered
Current
Vertebrate
Northern Long -Eared Bat (Myotis
Threatened
Probable/Potential
septentrionalis)
Vertebrate
Bald Eagle (Haliaeetus
Protected under the Bald
Current
leucocephalus)
and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened /Endangered /Protected Species Evaluation
Table 2: Threatened / Endangered / Protected Species listed for
Cabarrus County
County: Cabarrus, NC
*Source: US Fish & Wildlife Service
**Data search on April 2, 2018
Federal
Group Name Status Record Status
Vascular Schweinitz's Sunflower (Helianthus Endangered Current
Plants schweinitzii)
Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current
Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Historic
Three plant species with federal protection were included in the survey efforts:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights -of -way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally
Endangered, is typically found in open woods, cedar barrens, roadsides,
clear cuts, dry limestone bluffs and power line rights -of -way, requiring
abundant sunlight and little competition from other plant species.
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
A total of four animal species with federal protection are listed as potentially
occurring in Mecklenburg and Cabarrus Counties:
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened /Endangered /Protected Species Evaluation
Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of
open water such as lakes, marshes, seacoasts and rivers, where there are
suitable fish populations and tall trees for nesting and roosting.
Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well -oxygenated water. Stable,
silt- free stream beds are required for this species. Typically stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non -reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
Rusty -patched Bumble Bee (Bombus affinis), listed as Federally
Endangered, live in colonies that include a single queen and female
workers. Rusty -patched Bumble Bees historically occupied grasslands
and tallgrass prairies. Bumble bees need areas that provide nectar and
pollen from flowers, nesting sites (underground and abandoned rodent
cavities or clumps of grasses), and overwintering sites for hibernating
queens (undisturbed soil).
RESULTS:
The site is primarily old farmland and woodlands covered with successional old
fields, old pastures, fencerows, dirt roads, and mixed pine and hardwood forest
that is disturbed throughout. Old farm operation remnants are present including
old barn, silo, sheds, barbed wire fences, farm roads, scattered trash dumps and
wood piles.
A large portion of the site is abandoned agricultural, pasture and hay fields in a
state of old field succession. This scrub/shrub community is composed of pine
and hardwood saplings and young trees, and blackberry and woody vine
thickets. Dominant species present include Red Cedar (Juniperus virginiana),
Honey Locust (Gleditsia triacanthhos), Sweetgum (Liquidambar styraciflua),
Winged Elm, (Ulmus alata), Shortleaf Pine (Pinus echinata), Virginia Pine (Pinus
virginiana), Black Cherry (Prunus serotina), Black Gum (Nyssa sylvatica),
Blackberry (Rubus sp.), Russian Olive (Elaeagnus umbellate), Smooth Sumac
(Rhus glabra), Groundsel (Baccharis halimifolia), Japanese Honeysuckle
(Lonicera japonica), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron
radicans).
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened /Endangered /Protected Species Evaluation
The assemblage of plants growing in the transitional and open disturbed areas
and roadsides includes Sericea Lespedeza (Lespedeza cuneata), Oxeye Daisy
(Chrysanthemum leucanthemum), Goldenrod (Solidago sp.), Blackberry,
Broomsedge (Andropogon virginicus), Groundsel (Senicio sp.), Johnson Grass
(Sorghum halepense), Rabbit Tobacco (Gnapthalium obtusifolium), Splitbeard
(A. ternarius), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.),
Thoroughwort (Eupatorium sp.), St. John's Wort (Hypericum punctatum), and
Venus' Looking Glass (Specularia perfoliata).
The disturbed mixed pine/hardwoods forest on the slopes and drainages has an
average diameter at breast height (dbh) for the canopy trees of 12 inches, with
some larger trees up to 30 inches dbh present. Canopy trees present include
Virginia Pine (Pinus virginiana), Shortleaf Pine (P. echinata), Sweetgum
(Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), White Oak
(Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Southern Red Oak
(Q. falcata), Willow Oak (Q. phellos), Mockernut Hickory (Carya tomentosa),
Shagbark Hickory (C. ovata), Hackberry (Celtis laevigata), American Elm (Ulmus
americans), and White Ash (Fraxinus americans). The subcanopy is composed
of Flowering Dogwood (Cornus florida), American Holly (Ilex opaca), Mulberry
(Morus rubra), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina),
Eastern Red Cedar (Juniperus virginiana), and Black Gum (Nyssa sylvatica).
The shrub layer includes Black Haw (Viburnum prunifolium), Chinese Privet
(Ligustrum sinense), Blueberry (Vaccinium spp.), and Russian Olive (Elaeagnus
angustifolia). Vines present are Japanese Honeysuckle (Lonicera japonica),
Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia),
Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The herb layer is
sparse, and includes Bracken Fern (Pteridium aquilinum), Christmas Fern
(Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron),
Spotted Wintergreen (Chimaphila maculata), Running Pine (Lycopodium
flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens), Curlyheads
(Clematis ochroleuca), Beardtongue (Penstemon sp.), Solomon's Seal
(Polygonatum biflorum) and Japanese Stilt Grass (Microstegium vimineum).
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadsides and woods edges were examined
and none of these species were present.
• No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed.
• The on -site streams do not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been previously
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened /Endangered /Protected Species Evaluation
identified within this basin. No individuals were observed during the survey
nor would any be expected on -site.
Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it
appears that the site meets the "exempt" criteria which requires no further
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
Comparing this site location to the USFWS Range Map for Rusty -patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.htmi)
Mecklenburg County is in it's Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes that Rusty -patched Bumble
Bee is not present.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
04W-1 # 1*e�l
Lisa R. Gaffney
Biologist
April 26, 2018
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Farmington Site - Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained Botanist and has conducted field work and
investigative studies covering thousands of cumulative acres in both North and South
Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed,
and worked in field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 45,000 acres in North and South Carolina, 1996 - present.
• Located and identified at least six previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Located a previously unknown population of Federally Endangered Schweinitz's
Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to
the purchase of the site by the State of North Carolina Plant Conservation
Program, now called Redlair Preserve. This population has become a Recovery
Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in Mecklenburg,
Union, Cabarrus and Gaston Counties, North Carolina.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.