20200795 Ver 1_401 Application_20200616

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20200795
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Highland Ridge Apartments
1a. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:*
[e-mail]
Date Submitted
6/16/2020
Nearest Body of Water
Stony Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.3673
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
r Yes r No
Longitude:
-80.7726
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - Regular
W Non-404 Jurisdictional General Permit
r Individual Permit
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Harvey Johnston
2b. Deed book and page no.:
2c. Responsible party:
2d.Address
Street Address
4212 Johnston Oehler Rd
Address Line 2
city
Charlotte
Postal / Zip Code
28269
2e. Telephone Number:
[phone]
2g. Email Address:*
daniel. kuefler@wetlands-epg. com
State / Rovince / legion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)

3a. Name:
Phil Vetter
3b. Business Name:
Charter Properties
3c.Address
Street Address
1520 South Blcd Unit 215
Address Line 2
City
Charlotte
Postal / Zip Code
28203
3d. Telephone Number:
[phone]
3f. Email Address:*
daniel. kuefler@v✓etla nds-epg.com
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Kuefler
4b. Business Name:
Wetlands & Environmental Planning Group
4c.Address
Street Address
10612 D Providence Road
Address tine 2
PMB 550
City
Charlotte
Postal / Zip Code
28227
4d. Telephone Number:
[phone]
4f. Email Address:*
heath.Galdv,ell@\&,etlands-epg.com
Agent Authorization Letter*
Authorization _duplicate.pdf
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
168.57KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
ff appropriate)
1c. Nearest municipality/ town:
Charlotte
22 Project Identification
2a. Property Identification Number: 2b. Property size:
2c. Project Address
Street Address
Johnston Oheler Rd
Address tine 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Stony Creek

3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050103
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The site is almost entirely covered with planted young Loblolly Pine with a small pond on site. General land use in the vicinity is mixed commercial and residential developments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
1.52
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The project consists of grading, fill, & BMP construction for a residential development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
Please refer to the JD and Approvals sections
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2019-00736
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The site was field -verified by D. Shaeffer on 7/26/19.
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes f• No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):

W Wetlands r Streams -tributaries G Buffers
W Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*O
2g. Impact
area*
W1
fill
P
Small -Basin Wetland
Wetland B
Yes
DWR
0.697
(acres)
W2
fill
P
Non -Tidal Freshwater Marsh
Wetland H
No
DWR
0.084
(acres)
W3
fill
P
Non -Tidal Freshwater Marsh
Wetland E
DWR
0.276
(acres)
W4
fill
P
Non -Tidal Freshwater Marsh
Wetland C
DWR
0.069
(acres)
W5
fill
P
Non -Tidal Freshwater Marsh
Wetland F
DWR
0.294
(acres)
W6
fill
P
Non -Tidal Freshwater Marsh
Wetland G
DWR
0.098
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
1.518
2g. Total Permanent Wetland Impact
1.518
2h. Comments:
There are a total of 1.52 ac of isolated wetlands onsite; however, only 0.697 acres are regulated by NCDEQ as Isolated Wetland B is the only wetland
classified as a basin wetland.
4.Open Water Impacts
4a. Site #
4a1. Impact Reason 4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
01
Grading
P
Pond A
Fill
_11
Pond
0.19
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.19
4h. Comments:
Isolated Pond excavated in upland and not regulated by NCDEQ
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.19
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the location of the on site wetlands, opportunities to avoid these areas were limited. Building placement concepts, required streed connections,
anticipated BMP areas and tree save locations were designed incorporating the site delineation in conjunction with the City of Charlotte ordinance
requirements.
1b. 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,
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?
r Yes
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
There are a total of 1.52 ac of isolated wetlands onsite; however, only 0.697 acres are regulated by NCDEQ as Isolated Wetland B is the only wetland classified as a basin wetland. As
the total impacts to regulated, isolated wetlands is <1 ac, no compensatory mitigation is proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
v
1. Diffuse Flow Plan

1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
(- Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
R Local Government r State
Local Government Stormwater Programs
V Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
Storm water on site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of Charlotte but has been designed to meet
their criteria.
G. Supplementary Information U
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Wastewater generated onsite will be transported to the nearest treatment facility via sewer lines
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No
r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No

5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Please refer to the attached T&E assessment.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an 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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO's website
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Polaris3G
Miscellaneous
Comments
A compiled PCN package is attached, including Cover Letter, Authorizations, Forms, Photos, JD information and other supplementary materials.
U
Miscellaneous attachments not previously requested.
Highland Ridge Apts PCN 051320 _ Previously Submitted.pdf 14.95MB
Signature C^U
*
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Daniel Kuefler
Signature
0r'1161.—O
Date
6/16/2020

Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Highland Creek
Property Address: Johnston Oehler Road, Charlotte, NC, 28269
Parcel Identification Number (PIN): 02931108, 02930133, 02930127, 02930I32
Select one: I am an interested buyerlseller
Name: Phil Vetter
Company: Charter Properties, Inc.
Mailing Address: 1520 South Blvd, Suite 215, Charlotte, NC 28203
Telephone Number: 704-806-1805
Electronic Mail Address: [e-mail]
Owner l
Other
3/2Z. 1,1
Date
* The Interested $uyerl0ther acknowledges that an agreement andlor formal contract to purchase and/or conduct
due diligence activities exists between the currentproperty owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wetiands-epg.com Asheville Office
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. i
PMB 550 Suite 10, PMB 28:
Charlotte, NC 28277 Asheville, NC 2880E
[phone]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
May 14, 2020
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301, Moorseville, NC 28115
Mr. Paul Wojoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street, Raleigh, NC 27604
Subject: Pre -Construction Notification for NWP 29 for the Highland Creek site, Charlotte,
Mecklenburg County, NC.
Messrs. Johnson and Wojoski,
Enclosed is a request for Nationwide Permit # 29 for the approximately 37-acre site known as the
Highland Ridge Apartment site located north of Johnston Oehler Road in Charlotte, NC. The site
is a proposed residential development and consists of one non jurisdictional pond excavated in
uplands and six non jurisdictional, isolated wetlands. The site was field -verified by the USACE
(David L. Shaeffer) on 7/26/19. The updates to the JD and the site verification have been
included in the Jurisdictional Determination and Approvals sections, respectively.
As shown on the attached exhibits, the proposed project will include impacts to one non -
jurisdictional pond excavated in uplands and six non jurisdictional, isolated wetlands for
construction of apartments, site amenity areas, senior housing, and a childcare facility. Many of
the impacted wetland areas on site are located along the southern project limits where the
required street network connector occurs. Topography along this southern project boundary is
higher in elevation in relation to the overall site and slopes to the north towards I-485.
Maintaining positive flows for sewer and stormwater drainage to BMP's per existing drainage
patterns was a crucial part of the overall design concept. Proposed grades and site features were
designed to maximize avoidance; however, the location of site surface waters limited
opportunities to avoid a majority of proposed impacts.
Overall impacts to site surface waters associated with the proposed development were also
limited through site selection location, design, and location/orientation of the proposed
structures. Proposed impacts to site surface waters total 0.193 acres of a non jurisdictional open
waters excavated in uplands and 1.35 aces of non jurisdictional, isolated wetlands. Of these
surface water impacts, only 0.697 acres are regulated by NCDEQ as only one wetland was
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] 1
[e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
classified as a basin wetland (Non -Jurisdictional, Isolated Wetland B). No site surface water
features were verified as Federally jurisdictional.
Through site selection, design and proposed construction techniques, the applicant has
demonstrated substantial avoidance and minimization efforts in locating the proposed
development within a site having no Federally jurisdictional surfacewater features and only
0.697 acres of impacts to isolated, State regulated wetlands. Due to the limited amount of
anticipated impacts to jurisdictional and/or regulated surface waters, no mitigation is proposed
for the development.
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,
Heath Caldwell, PWS
Environmental Scientist
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
[e-mail]
www.wetiands-epg.com
Len Rindner, PWS
Principal
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

Permit Application

w A
I 1
Office Use Only:
Corps action ID no. 2019-00736
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:
❑ Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 4139
1 c.
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 ❑X Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ 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:
Highland Ridge Apartments
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Please refer to Tax Parcel Map
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Harvey Johnston
3d.
Street address:
4212 Johnston Oehler Rd.
3e.
City, state, zip:
Charlotte NC 28269
3f.
Telephone no.:
704-564-5607
3g.
Fax no.:
3h.
Email address:
Page 1of10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Developer
4b.
Name:
Phil A Vetter
4c.
Business name
(if applicable):
Charter Properties
4d.
Street address:
1520 South Blvd UNIT 215
4e.
City, state, zip:
Charlotte, NC 28203
4f.
Telephone no.:
704.377.4172
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Heath Caldwell
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
la.
Property identification no. (tax PIN or parcel ID):
02931108/02930127/202930133/02930198/02930198
1b.
Site coordinates (in decimal degrees):
Latitude: 35.3673 Longitude:-80.7726
1c.
Property size:
37 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Stony Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
03040105
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 is almost entirely covered with young Loblolly Pine (Pinus taeda) plantations. There is a small pond on site. There is an overhead power line
that parallels the road corridor along Johnston Oehler Road in part. There are small patches of mixed hardwoods along the drainage ways and low
ground.
3b.
List the total estimated acreage of all existing wetlands on the property: 1.52
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
The project consists of grading, fill & BMPs for a residential 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
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments: Verification received 2/7/2020 SAW-2019-00736
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
An Approved Jurisdictional Determination request was submitted on 4/29/19 (SAW-2019-00736) and was field verified by David L. Shaeffer on
7/26/19. The updates to the JD and the site verification have been included in the Jurisdictional Determination and Approvals sections, respectively.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑X Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Small -Basin Wetland
Yes
DWQ
0.697
W2 P
Fill
Non -Tidal Freshwater Marsh
No
other
0.084
W3 P
Fill
Non -Tidal Freshwater Marsh
Yes/No
other
0.108
W4 P
Fill
Non -Tidal Freshwater Marsh
Yes/No
other
0.069
W5 P
Fill
Non -Tidal Freshwater Marsh
Yes/No
other
0.294
W6 P
Fill
Non -Tidal Freshwater Marsh
Yes/No
other
0.098
2g. Total Wetland Impacts:
1.35
2h. Comments:
There are a total of 1.52 aces of isolated wetlands onsite; however, only 0.697 acres are regulated by NCDEQ as Isolated Wetland B is the only
wetland classified as a basin wetland.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Open Water Pond A
Fill
Pond
0.193
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0.193
4g. Comments: Isolated Pond excavated in uplands and not regulated by NCDEQ.
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
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
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the on site wetlands, opportunities to completely 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 structures and access routes.
Building placement concepts, required street connections (Public and private), anticipated BMP areas and tree save locations were designed
incorporating the site delineation in conjunction with the City of Charlotte ordinance requirements to minimize impacts to site surface waters.
1b. 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 ❑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 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
la.
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?
36.6 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has
not yet been submitted to the City of
Charlotte but will be designed to meet their criteria.
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 localgovernment's jurisdiction is thisproject?
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
❑ 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)
la.
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)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑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
❑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
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 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.
-
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 0 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. No Federally jurisdictional surfacewater features within the site.
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?
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?
❑ Yes 0 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
http://polaris3g.mecklenburgcountync.gov/
Digitally signetl by Heath Caldwell
m cn=Heath Caldwell, o=WEPG,
Heath Caldwell eDIN
email=heath.caltlwell@wetlantl s-epg.cg.com,
Heath Caldwell
rus
DateDate : 2020.05., 3 08:02:39 -04 00
05-13-2020
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Highland Creek
Property Address: Johnston Oehler Road, Charlotte, NC, 28269
Parcel Identification Number (PIN): 02931108, 02930133, 02930127, 02930I32
Select one: I am an interested buyerlseller
Name: Phil Vetter
Company: Charter Properties, Inc.
Mailing Address: 1520 South Blvd, Suite 215, Charlotte, NC 28203
Telephone Number: 704-806-1805
Electronic Mail Address: [e-mail]
Owner l
Other
3/2Z. 1,1
Date
* The Interested $uyerl0ther acknowledges that an agreement andlor formal contract to purchase and/or conduct
due diligence activities exists between the currentproperty owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wetiands-epg.com Asheville Office
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. i
PMB 550 Suite 10, PMB 28:
Charlotte, NC 28277 Asheville, NC 2880E
[phone]

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EXISTING CONDITIONS STUDY
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-WATERS OF THE U.S.- 10/22/19
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Wetlands and Environmental Planning Group
Highland Creek —Johnston Oehler Rd
Mecklenburg Co., INC — 10/11/19
Leonard S. Rlndner, PLLC.

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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
len.rindner )wetlands-epg.com
For: Highland Creek
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
October 30, 2019
www.wetiands-epg.com
Asheville Office:
1070 Tunnel Rd.. Bldg, I
Suite 10, PMB 283
Asheville, NC 28805

Highland Creek -Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Highland Creek site (37.16 acres) is located just south of 1-485, and just
north of Johnston Oehler Road, Mecklenburg County, North Carolina. It can be
found on the Derita USGS Topographic Quadrangle Map; latitude is 35.3673 N,
longitude is 80.7726 W. The site is almost entirely covered with pine plantations.
There is a small pond on site. The topography is gently sloped with the elevation
ranging from 740 to 770ft. (Figure 1).
Figure 1:
A 7
vaoxmv uov�rlaam 1 ,
. �Sr,
' Sfll L1Y LIM19nS
LOCATION i
Lat' 35-3673 °N SCALE
IUC:
0.7726 °W 1:24,000
CRFEH
3D40105 ACi2FS ELUSGS QUADOCKY RIVER 37.16rita, NC I
r:
FIGURE NO. i HIGHLAND CREEK-10 KNSTON 0EH LE R RD IJrawn Sy: Reviewed By:
A ! ❑ Mecklenburg C _ NC NRN LSR
USGS MAP DATE"
- WATERS Or THE U.S. - 12/2871a
EXISTING CONDITIONS STUDY
5U81fCF TO USACE VERWICAVON
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Highland Creek -Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Mecklenburg County North Carolina, the results of which are listed below (Table
1). Maps and aerial photographs were assembled, and the site was investigated
during the week of October 30, 2019.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on October 30, 2019
Group
Name
Status
Record Status
Invertebrate
Carolina Heelsplitter (Lasmigona
Endangered
Current
decorata
Invertebrate
Rusty -patched Bumble Bee (Bombus
Endangered
Historic
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
septentrionalisl
Vertebrate
Bald Eagle (Haliaeetus leucocephalus)
Protected under the Bald
Current
and Golden Eagle
Protection Act
WEPG 3
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Highland Creek - Threatened/ Endangered/Protected Species Evaluation
SPECIES DESCRIPTIONS:
A total of three plant species with federal protection are listed as potentially occurring in
Mecklenburg County:
• 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 County:
• 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
Tong -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).
WEPG 4
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Highland Creek -Threatened /Endangered /Protected Species Evaluation
RESULTS:
The site is almost entirely covered with young Loblolly Pine (Pinus taeda)
plantations. There is a small pond on site. There is an overhead power line that
parallels the road corridor along Johnston Oehler Road in part. There are small
patches of mixed hardwoods along the drainageways and low ground. There are
homesites and outbuildings with dirt and gravel access roads, several old
fencerows, scattered large trees and a semi -open field.
The patchy forest cover is composed of White Oak (Quercus alba), Black Oak
(Q. velutina), Northern Red Oak (Q. rubra), Willow Oak (Q. phellos), Mockernut
Hickory (C. tomentosa), Pignut Hickory (C. glabra), Sweetgum (Liquidambar
styraciflua), Tulip Poplar (Liriodendron tulipifera), and Sycamore (Platanus
occidentalis). The subcanopy contains Sourwood (Oxydendrum arboreum),
Ironwood (Carpinus caroliniana), American Holly (Ilex opaca), Red Maple (Acer
rubrum), Eastern Red Cedar (Juniperus virginiana), Flowering Dogwood (Corpus
florida), Redbud (Cercis canadensis), Red Mulberry (Morus rubra), Black Gum
(Nyssa sylvatica), Winged Elm (Ulmus alata), and Black Cherry (Prunus
serotina). The shrub layer includes Blueberry (Vaccinium sp.), Black Haw
(Viburnum prunifolium), Autumn Olive (Elaeagnus umbellate), and Chinese Privet
(Ligustrum sinense). Vines present are Japanese Honeysuckle (Lonicera
japonica), Trumpet Creeper (Campsis radicans), Virginia Creeper
(Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy
(Toxicodendron radicans). The herb layer includes Christmas Fern (Polystichum
acrostichoides), Crane -fly Orchid (Tipularia discolor), Spotted Wintergreen
(Chimaphila maculata), Dayflower (Commelina sp.), River Oats (Chasmanthium
latifolium), and Japanese Stiltgrass (Microstegium vimineum).
The small pond has mostly wooded perimeters with transitional wetland edge
habitat dominated by typical wetland vegetation including Sedges (Carex spp.,
Cyperus spp., Scirpus spp.), Rushes (Juncus spp.), and Water Primrose
(Ludwigia sp.).
The homesites have scattered large trees of White Oak, Willow Oak, Southern
Magnolia (Magnolia grandiflora)and Pecan (Carya illinoinensis), and a semi -
open field dominated by Fescue (Festuca sp.) that is seasonally mowed.
The disturbed roadsides and power lines along Johnsoton Oehler Road are
dominated by planted Fescue with mixed shrubs, vines and herbs that typically
occur in this habitat including Johnson Grass (Sorghum halepense), Rabbit
Tobacco (Gnapthalium obtusifolium), Tickseed (Coreopsis major), Ragweed
(Ambrosia artemisiifolia), Goldenrod (Solidago sp.), and Thoroughwort
(Eupatorium sp.).
WEPG 5
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Highland Creek -Threatened /Endangered /Protected Species Evaluation
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadsides, power line rights -of -way,
transitional areas and woods edges were examined and none of these
species were present.
• There were no Bald Eagle sightings nor were any nesting sites observed.
There is no suitable habitat on site to support populations of the Carolina
Heelsplitter. Based on existing documentation, Carolina Heelsplitter
populations have not been previously 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..qov/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..qov/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,
4z, # 1*e�l
Lisa R. Gaffney
Biologist
October 30, 2019
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Highland Creek - 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 biologist and has conducted field work
and investigative studies covering thousands of cumulative acres in both North and
South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory 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.

El
Approvals /
Authorizations

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action id. SAW-2049-00736 County: Mecklenburg U.S.G.S. Quad: NC- Derita
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Charter Properties, Inc.
Phil Vetter
Address: 1520 South Boulevard, Suite 215
Charlotte, NC 28203
Telephone Number: 704-806-1805
E-mail: pavQ),charterproperties.com
Size (acres) 37.16 Nearest Town Charlotte
Nearest Waterway Stony Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.3673
Longitude:-80.7726
Location description: The review area is located on the north side of Johnston Oehler Road, 0.16 east of the roundabout at
Prosperity Ridge Road Johnston Oehler Road. PINS: 02931108, 02930127, 02930132, and 02930133.
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 DATE. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters 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 waterson 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
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2019-00736
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 onDATE. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
® There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or
david.l.shaefferkusace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 02/04/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 04/07/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
BROWN.DAVID.WILLIAM.13876785 Digitally signed by
BROW N.DAVI D.W ILLIAM.1387678529
Corps Regulatory Official: 29 Date: 2020.02.07 07:52:15 -05'00'
Date of JD: 02/07/2020 Expiration Date of JD: 02/05/2025

SAW-2019-00736
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/V`p=136:4:0
Copy fwnished:
Agent: Leonard S. Rindner, PLLC, WEPG
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(a wetlands-eve.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Charter Properties, Inc., Phil Vetter File Number: SAW-2019-00736 Date: 02/07/2020
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENTAL
C
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMTNATTON
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://wwNv.usace.army.miI/Missions/CiviIWorks/Re ulatoryProgramandPermits.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: Tf 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 TI 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 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
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 11 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 Cotes to reevaluate the JD.
SECTION IT - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your
reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is
needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the
record. However, you may provide additional information to clarify the location of information that is already in the
administrative record.
POINT OF CONTACT FOILUESTTONS O FORMATTON:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: David L. Shaeffer
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15
day notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 02/04/2020
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Charter Properties Highland Creek, SAW-2019-00736
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located on the north side of Johnston Oehler
Road, 0.16 east of the roundabout at Prosperity Ridge Road Johnston Oehler Road. PINS: 02931108, 02930127, 02930132, and 02930133.
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3673 , Long.-80.7726
Universal Transverse Mercator:
Name of nearest waterbody: Stony Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03040105
❑X Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑X Field Determination. Date(s): 7/26/2019 by the Corps
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are not "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
❑TNW s, including territorial seas
❑ Wetlands adjacent to TNWs
❑ Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
❑Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: linear feet, wide, and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):3
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.

❑X Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: The site is largely composed of Iredell soils which is typical to the Mallard Creek area of northeast
Charlotte. These soils are similar to pottery clay and are often referred to as "bull tallow". Iredell soils often perch
water and form maphic depression wetlands along hill tops and ridges. Maphic depression wetlands are generally
not connected to waters of the United States. A pond was constructed within the largest wetland. The onsite maphic
depression is highly manipulated with no discernable chemical, physical, or biologic connection to downstream
waters of the United States.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick Listtributaries before entering TNW.
Project waters are Pick Listriver miles from TNW.
Project waters are Pick Listriver miles from RPW.
°Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.

Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑Natural
❑ Artificial (man-made). Explain:
❑Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel 0 Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List.Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6(check all indicators that apply):
❑ clear, natural line impressed on the bank ❑ the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑ vegetation matted down, bent, or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away
❑ sediment deposition
❑ water staining
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
❑ scour
❑ multiple observed or predicted flow events
❑X abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
7Ibid.

❑ High Tide Line indicated by:
El oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
El physical markings/characteristics
❑ tidal gauges
❑ other (list):
❑ Mean High Water Mark indicated by:
❑ survey to available datum;
El physical markings;
❑ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is:Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
El Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick Listriver miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):

❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:

El TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.'
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.

E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑X Waters do not meet the "Significant Nexus" standard, where such a fmding is required for jurisdiction. Explain: The site contains a
series of isolated maphic depression wetlands and a pond constructed in the wetlands.
❑ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑X Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑X Wetlands: 1.04 acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a fmding is required for jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below): Figure 7 dated 7/26/2019
❑X Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
0 Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑X Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
'"Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

0
U.S. Geological Survey Hydrologic Atlas: Nationalmap.gov
DUSGS NHD data.
DUSGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soils Mapservice
National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: El Aerial (Name & Date):
Or OOther (Name & Date): Photos 1-6 dated 1/7/2019
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

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