20200390 Ver 2_401 Application_20201027

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 1, 2020 Ver 3.2
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 * Version#*
20200390 2
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received IT $240.00
r Fee needed - send electronic notification r $570.00
Reviewing Office * Select Project Reviewer*
Mooresville Regional Office - [phone] Alan Johnson:eads\adjohnson1
Information for Initial Review
1a. Name of project:
UNCC Heritage
1a. Who is the Primary Contact?*
Amanda Bloom
1b. Primary Contact Email:*
[e-mail]
Date Submitted
10/27/2020
Nearest Body of Water
Mallard Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.330107
A. Processing Information
County (or Counties) where the project is located
Mecklenburg
Is this a NCDMS Project
r Yes r No
Longitude:
-80.724417
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)
1c. Primary Contact Phone:*
[phone]
U
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:
W 401 Water Quality Certification - Regular
r 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 - Express
F- 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:
ML North Carolina Apartments LP
2b. Deed book and page no.:
08411-318
2c. Responsible party:
Cydney White, Senior Vice President
2d.Address
Street Address
PO Box87407
Address Line 2
city
Chicago
Postal / Zip Code
60680
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Sybil Del Bueno
State / Rovince / legion
IL
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No

2b. Deed book and page no.:
Book 25689; pages 850 & 856
2c. Responsible party:
2d.Address
Street Address
PO Box 970
Address Line 2
City
Pinehurst
Postal / Zip Code
28370
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Kevin Evans & Ann Evans
2b. Deed book and page no.:
29971-679 & 29944-115
2c. Responsible party
2d.Address
Street Address
1150 Liberty Road
Address Line 2
City
Gold Hill
Postal / Zip (ode
28071
2e. Telephone Number:
[phone]
2g. Email Address:*
b e t h e va n s [e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Dan Koebel
3b. Business Name:
Aspen Heights Partners
3c.Address
Street Address
8008 Corporate Center Drive
Address Line 2
Suite 201
City
Charlotte
Postal / Zip Code
28226
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Amanda Bloom
4b. Business Name:
McAdams Company
4c.Address
State / Province / legion
NC
Country
USA
2f. Fax Number:
State / Province / legion
NC
Country
USA
2f. Fax Number:
State / Province / legion
NC
Country
USA
3e. Fax Number:

Street Address
3430 Toringdon Way
Address Line 2
Suite 110
City
Charlotte
Fbstal / Zip Code
28277
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
01_AHP19010_UNCC Heritage_Agent Authorizations.pdf
C. Project Information and Prior Project History
1. Project Information
State / Rovince / Fagion
NC
Country
USA
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Charlotte
F_
2. Project Identification
2a. Property Identification Number:
2b. Property size:
02903122,02903125,02903124,02903112
23.99
2c. Project Address
Street Address
300 Heritage Lake Drive
Address Line 2
Clty
State / Province / Region
Chartlotte
NC
Rostal / Zip Code
Country
28262
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Mallard 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
1.07MB
4a. 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 forested with a mix of pines and hardwoods, with the exception of two structures and maintained vegetation associated with a home site on the far west side of the project
area. There is an existing multi -family residential development adjacent to the project area. Other land uses in the area include other residential developments, forested areas, office/
commercial and mining. Please refer to the attached USGS Location Map (Figure 1), Mecklenburg County Soil Survey Map (Figure 2) and Subject Property Aerial Map (Figure 3) for
more information on the project setting.
Corps permits and DWR certifications have previously been obtained for this project. McAdams submitted an application for a 401 Water Quality Certification and Section 404 permit to
the DWR and USACE, respectively, on March 18, 2020. McAdams received Approval of 401 Water Quality Certification with Additional Conditions (DWR# 20-0390) on March 25, 2020.
The Section 404 verification was received on May 1, 2020 with authorization under NWP 29 (SAW-2019-02171). Approved impacts consisted of 0.023 acres of permanent wetland
impacts. Please refer to the attached approval documents for information on the previous permits. Additional stream impact permitting is now necessary for the extension of a 54"
reinforced concrete pipe.
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
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
DWR# 20-0390
SAW-2019-02171

Project History Upload
01b_AHP19010_UNCC Heritage_rcvd DWR WQC approval 20-0390_03-25-2020.pdf 822.44KB
01b_AHP19010_UNCC Heritage_rcvd NWP 29 verification_SAW-2019-02171_05-01-2020.pdf 2.04MB
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)
02_AHP19010_UNCC Heritage_Fig 1 USGS.pdf 2.25MB
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)
03_AHP19010_UNCC Heritage_Fig 2A Web SS.pdf 2.23MB
04_AHP19010_UNCC Heritage_Fig 2B Buffer Subj SS.pdf 2.04MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.023
4g. List the total estimated linear feet of all existing streams on the property:
165
4h. Explain the purpose of the proposed project:*
The purpose of this project is to develop the property with the necessary infrastructure to provide suitable building areas for high -density multi -family residential construction to serve
the current and future residents in northeast Charlotte.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project consists of a high -density, multi -family residential development, including roads, driveways, parking areas, utilities, stormwater infrastructure and amenities. The proposed
project includes grading that will result in an impact to a jurisdictional wetland and the extension of a 54" reinforced concrete pipe that will result in impacts to a jurisdictional stream. The
attached Overall Wetland Impact Map (Figure 5) depicts the overall project plan view, and Insets 1 and 2 showthe details of the proposed impact areas. Heavy equipment typical for
road construction, utility installation and grading, such as track hoes, bulldozers, dump trucks and graders, will be used to construct the proposed project.
4j. Please upload project drawings for the proposed project.
05_AHP19010_UNCC Heritage_Fig 3 Aerial.pdf 5.22MB
06_AHP19010_UNCC Heritage Fig 4 Delineation Map.pdf 949.74KB
07_AHP19010_UNCC Heritage_Fig 5 Impact Maps.pdf 1.23MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No f Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknovm r N/A
Corps AID Number:
SAW-2019-02171
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kelly Roth and Jennifer Burdette
Agency/Consultant Company: McAdams Company
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The USACE issued a Preliminary Jurisdictional Determination for the project area on February 5, 2020 (see attached).
Sd1. Jurisdictional determination upload
09_AHP19010_UNCC Heritage_rcvd PJD_SAW-2019-02171.pdf 3.88MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r 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.
[Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts

2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) F�e
of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition*(?) area*
W1 - In 1 Grading P Headwater Forest W1 Yes Both 0.023
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.023
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.023
❑ 3a. Reason for impact (?) 3b.lmpact type * 37
e of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Culvert extension
Permanent
Culvert
S1
Intermittent
Both
7
Average (feet)
10
(lir�rfeet)
S2
Culvert extension
Tem orar
P Y
Culvert
S1
Intermittent
Both
6
Average (feet)
15
(linearfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
10
3i. Total stream and ditch impacts:
25
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
15
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoiding the wetland would be impractical and it would not leave a viable wetland. Even if the wetland impact was avoided, the proposed development
surrounding the wetland would cut off flow coming into the wetland. The proposed development combined with the existing road to the south would
leave the wetland completely surrounded by development. Therefore, avoiding the proposed impact to wetland W1 is not practical. The stream
impacts are necessary for the extension of a 54" reinforced concrete pipe under the US 29 Access Road. Proposed road improvements to US 29
Access Road include adding curb and gutter and a sidewalk. The culvert needs to be extended in order to accommodate the improvements because
the slope to tie back into the existing culvert headwall would have been too steep to meet safety requirements. Culvert impacts have been minimized
by extending the existing culvert, rather than replacing the entire culvert. A pump around plan will be utilized to conduct the work in the dry if the work
is not completed when the channel is naturally dry.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Sediment and Erosion Control Plan for the project will be developed and approved by Charlotte -Mecklenburg Storm Water Services, and the project
will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000).
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:
Compensatory mitigation is not required because total impacts are less than 0.1 acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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:
The project is located in the Yadkin -Pee Dee watershed, which is not within one of the NC Riparian Buffer Protection Rules.
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 15A NCAC 02H .1003(2)?
r 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:
V Local Government F State
Local Government Stormwater Programs
R Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
G. Supplementary Information U
1. Environmental Documentation
la. 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.
The proposed project is a residential development. It is not anticipated that this project will result in additional development that would impact
downstream water quality.
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 by the development Will be sent to the City of Charlotte sanitary sewer system. The city will reviewthe project to ensure
sufficient treatment capacity is available.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
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 anytrees 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
51. 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?
USFWS IPaC Web Tool (http://ecos.fws.gov/ipac/), accessed March 13, 2020
NC NHP Data Explorer (http://ncnhde.natureserve.org/contenVmap), accessed March 13, 2020
Consultation Documentation Upload
10_AHP19010_UNCC Heritage_rcvd USFWS reponse 12-13-2019.pdf 341.27KB
10a_AHP19010_UNCC Heritage_FWS Species List —updated 10-26-2020.pdf 765.79KB
10b_AHP19010_UNCC Heritage_NHP project report _updated 10-26-20.pdf 1.2MB
10c_AHP19010_UNCC Cottages_species conclusion table.pdf 161.68KB
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?*
NOAA Essential Fish Habitat (EFH) Mapper (http://vAr.w.habitat.noaa.gov/protection/ehf/efhmapper/), accessed March 13, 2020
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?*
State Historic Preservation Office Historic Properties online buffer tool (https:Hnc.maps.arcgis.corrappslwebappviemr/index.htmi?
id=773b7da94dc0478390cbOc3186b7a498) accessed January 28, 2020 (note: does not include archaeological data)
7c. Historic or Prehistoric Information Upload
11_AHP19010_UNCC Heritage_rcvd SHPO response ER_19-3277.pdf 93.01KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM map number 3710458700L (effective November 16, 2018), accessed March 13, 2020
Miscellaneous
Comments
A'pre-filing meeting not needed' email was received from DWR on October 22, 2020 (see attached).
Miscellaneous attachments not previously requested.
12_DWR Pre -Filing Meeting Response- NO MEETING NEEDED.pdf 453.86KB
12_DWR Pre -Filing Meeting Request Receipt.pdf 879.11 KB
Signature
*
® 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:
Amanda RM Bloom
Signature
JJ6*Pc/,- o y AooaL
v
Date
10/27/2020

T MCADAMS AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Contract Purchaser
Project Area PIN(5):
02903112, 02903122, 02903125, 02903124
Name:
Dan Koebel, Aspen Heights Partners
Address:
8008 Corporate Center Drive Suite #201, Charlotte, NC 28226
Phone/Email:
704.255.4283 [e-mail]
Project Name:
UNCC Cottage + TH Site
Project Number:
AHP-19010
Project Manager:
Eddie Moore / Jennifer Burdette
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the
processing of permit applications, to furnish upon request supplemental information in support of applications, etc.
from this day forward.
I, the undersigned, a duly authorized contract purchaser of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water
Resources to enter upon the property herein described for the purpose of conducting on -site investigation and
issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer
Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
aliv �tzr�t G tom_
Print Contractor Purchaser Name & Title Signature
!a / 11
Date
creating experiences through experience 2905 Meridian Parkway, Durham NC r' 919. 361 5000

W MCADAMS
PIN(s)-
Name:
Address:
Phone/Email:
Project Name:
Project Number:
Project Manager:
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current PropertV Owner
02903124
Sybil Del Bueno
P.O. Box 970, Pinehurst, NC 28370
q10 2.15 qw5 SV
UNCC Cottage + TH Site
AHP-19010
Eddie Moore / Jennifer Burdette
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
ddbe nc.rr.cum
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the
processing of permit applications, to furnish upon request supplemental information in support of applications, etc.
from this day forward.
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water
Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
Sybil Del Bueno, Owner
Print Property Owner Name & Title
Signat e
Date
creating experiences through experience 2905 Meridian Parkway, Durham, NC 1919. 361. 5000

OPLEASE
�M1I MCADAMS AGENT AUTHORIZATION FORM
PIN(s):
112903112
Name:
Kevin Evans & Ann Evans
Address:
1150 Liberty Road, Gold Hill, NC 28701
hone/Email:
704-213-1427, 704-213-6819 [e-mail]
Project Name:
UNCC Cottage + TH Site
Project Number:
AHP-19010
Project Manager:
Eddie Moore / Jennifer Burdette
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the
processing of permit applications, to furnish upon request supplemental information in support of applications, etc.
from this day forward.
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water
Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
KPuin Evans Ann Fvarls
Print Name & Title
/f ^
5
Signature
Date

PIN(s):
02903122, 02903125 .
Name:
ML NORTH CAROLINA APARTMENTS LP
Address:
c/o Equity Residential, 2 N Riverside Plz, Ste 400, Chicago, IL 60606
Phone/Email:
312.928.1301 / [e-mail]
Project Name:
UNCC Cottage + TH Site
Project Number:
AHP-19010
Project Manager:
Eddie Moore / Jennifer Burdette
US Army Corps of Engineers NC Division of Water Resources
Asheville Regulatory Field Office 401 & Buffer Permitting Branch
151 Patton Avenue, Room 208 512 N. Salisbury Street
Asheville, NC 28801-5006 Raleigh, NC 27604
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I hereby authorize The John R. McAdams Company, Inc. to process permit applications, to furnish upon request
supplemental information in support of applications, etc. in connection with the above referenced Project.
1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water
Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
[SEE ATTACHED SIGNATURE PAGE)
Print Property Owner Name & Title
Signature
October 16, 2019
Date
creating experiences through experience 2905 Meridian Parkway, Durham, NC 1919. 361. 5000

CDS
Signature Page to Agent Authorization Form Dated October 16, 2019,
ML NORTH CAROLINA APARTMENTS LP, a Georgia
limited partnership
By: ERP-Southeast Properties, L.L.C., a Georgia limited
liability company, its general partner
By: ERP Operating Limited Partnership, an Illinois
limited partnership, its member
By: Equity Residential, a Maryland real
Astatr) investment trust, its general
Cydney WItte,Xe r V
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Td. SAW-2019-02171 County: Mecklenburg U.S.G.S. Quad: NC- Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Aspen Heights Partners
Dan Koebel
Address: 8008 Corporate Center Drive Suite 4201
Charlotte, NC 28226
Telephone Number: 704-255-4283
E-mail: dkoebel(a ahylivin2.com
Size (acres) 22.346 Nearest Town Charlotte
Nearest Waterway Mallard Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.3301
Longitude:-80.7294
Location description: The review area is located directly north of the intersection of Heritage Lake Drive and Northbend Drive.
PINS: 02903122, 02903125 and 02903124.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/5/2020. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity- on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2019-02171
verified, this survey- will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
perinit 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 Arnly permit may
constitute a violation of Section 301 of tire 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 pennit 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.shaeffer(ii�usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2/5/2020.
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 At -my Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit L��
an RRFA fform to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
SHAEFFER.DAVID.LEIGH.1260750573
Corps Regulatory Official:Dace:zo2o.oz.Os 15:24:47-05'00'
Date of JD: 2/5/2020 Expiration Date of JD: Not applicable

SAW-2019-02171
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 furnished:
Agent:
McAdams Company
Kelly Roth
Address:
2905 Meridian Parkway
Durham, NC 27713
Telephone Number:
919-361-5000
E-mail:
roth(amcadamsco.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Aspen Heights Partners, Dan Koebel File Number: SAW-2019-02171
Date: 02/05/2020
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
APPROVED JURISDICTIONAL DETERMINATION
D
0
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or
http://wwNv.usace.army.mil/Missions/CivilWorks/Re ulatoiyProgramandPermits.aspx or the Corps regulations at 33 CFR Part
331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for
final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized.
Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and
waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section It 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 IT of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section IT of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of
the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved
JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section IT of this form and sending the form to the district engineer. This
form must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be
appealed), by contacting the Corps district for further instruction. Also you may provide new information for further
consideration by the Corps to reevaluate the JD.
SECTION IT - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMTT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your
reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is
needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the
record. However, you may provide additional information to clarify the location of information that is already in the
administrative record.
POINT OF CONTACT FOR QUESTIONS O INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: David L. Shaeffer
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15
day notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8501
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 02/05/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Aspen Heights Partners, Dan Koebel, 8008
Corporate Center Drive Suite 4201, Charlotte, NC 28226
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, UNCC Cottage + TH Site,
SAW-2019-02171
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located directly
north of the intersection of Heritage Lake Drive and Northbend Drive. P1Ns: 02903122, 02903125 and
02903124.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC Countv: Mecklenburg City: Charlotte
Center coordinates of site (]at/long in degree decimal format): Latitude: 35.3301 Longitude:-80.7294
Universal Transverse Mercator:
Name of nearest waterbody: Mallard Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 1/7/2020 by the Corps
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
S1
35.328358
-80.727817
295 If
non -wetland
Section 404
W1
35.329520
-80.728799
0.023 ac
wetland
Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "inay be"waters of the U.S. and/or that there "Inay be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items cited and/or included in the
administrative record and are appropriately cited:
❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 4 dated 1/10/2020 revised by the Corps on 2/5/2020
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
D Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
El Data sheets prepared by the Corps:
❑Corps navigable waters' study:
®U.S. Geological Survey Hydrologic Atlas: Nationalmap.gov
❑X USGS NHD data:
©USGS 8 and 12 digit HUC maps:
El U.S. Geological Survey map(s). Cite scale & quad name:
®Natural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soils Mallservice
❑X National wetlands inventory map(s). Cite name: USFWS NWI Mayservice
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑Previous determination(s). File no. and date of response letter:
❑Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Digitally signed by
SHAEFFER.DAVI D.LEIGH.126
0750573
Date: 2020.02.05 15:25:28
-05'00'
Signature and date of Regulatory
staff member completing PJD
2/5/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
t Districts may establish tiniefratnes for requester to return signed PJD fornis. Tfthe requester does not respond within the established
Lime frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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United States Department of the Interior FSERVIUE
IFE
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
December 13, 2019
Kelly Roth
McAdams
2905 Meridian Parkway
Durham, North Carolina 27713
Dear Kelly Roth:
Subject: UNCC Cottages Residential Development; Mecklenburg County, North Carolina
Log No. 4-2-20-074
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated November 1, 2019 wherein you solicit our comments regarding proj ect-
mediated impacts to federally protected species and initiate informal consultation. We submit
the following comments in accordance with the provisions of the Fish and Wildlife Coordination
Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321
et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
Project Description
According to the information provided, the proposed project would entail the construction of a
multi -family apartment community consisting of 122 cottages, 72 flats, and appurtenant access
infrastructure on approximately 22 acres in Charlotte, North Carolina. Onsite habitats consist of
mixed successional forest, developed open space, and transitional habitats. An unnamed
tributary to Mallard Creek occurs onsite suggesting that proposed work may require
authorization from the U.S. Army Corps of Engineers. Surrounding land use is dominated by
residential and commercial developments.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the
final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared
bat associated with activities that occur greater than 0.25 miles from a known hibernation site,
and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1
— July 31). Based on the information provided, the project (which mayor may not require tree
clearing) would occur at a location where any incidental take that may result from associated
activities is exempt under the 4(d) rule. Alternatively, we believe the probability for take of
this species is insignificant and discountable and concur with your finding that the
proposed project may affect, but is not likely to adversely affect this species. Although not
required, we encourage the Applicant to avoid any associated tree clearing activities during the
maternity roosting season from May 15 — August 15.

The site was evaluated for federally protected plants known to occur in Mecklenburg County on
October 23, 2019, but no evidence for these species were detected at that time. Occurrences of
federally protected plant species occur in the project vicinity, and their suitable habitats are
present onsite. However, based on the negative survey results collected during the optimal
survey window for these plants, we agree that the proposed project may affect, but is not
likely to adversely affect these species. Additionally, we do not believe that onsite stream
habitats would support the federally endangered Carolina heelsplitter (Lasmigona decorata).
Therefore, we would not object to a "no effect" determination made by the appropriate
action agency for this species and we require no further action at this time.
Please be aware that obligations under section 7 of the Endangered Species Act must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
We offer the following general recommendations on behalf of natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Low Impact Development
We recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can
be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and
store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids
within the concrete.
Pollinator Habitat
We appreciate the incorporation of community garden areas into project design plans.
Pollinators, such as most bees, some birds and bats, or other insects, including moths and
butterflies, play a crucial role in the reproduction of flowering plants and in the production of
most fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops
are pollinated by these pollinators. A recent study of the status of pollinators in North America
by the National Academy of Sciences found that populations of honey bees (which are not native
to North America) and many wild pollinators are declining. Declines in wild pollinators are a

result of loss, degradation, and fragmentation of habitat and disease; while declines in honey
bees has also been linked to disease.
The rusty -patched bumble bee (Bombus afnis) historically occurred in North Carolina's
Mountain and Piedmont provinces. Although not required, we encourage the Applicant to
consider our recommendations below to benefit the rusty -patched bumble bee and other
pollinators. Moreover, the creation and maintenance of pollinator habitats at this site may
increase the value of the project for the community and help reduce the spread of invasive exotic
plants. Please consider the following:
1. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants
that bloom throughout the entire growing season.
2. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer
months. Taller plants, left un-mowed during the summer, would provide benefits to
pollinators, habitat to ground nesting/feeding birds, and cover for small mammals.
3. Low growing/groundcover native species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the
amount of maintenance such as mowing and herbicide treatment. Milk weed species
are an important host plant for monarch butterflies.
4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only
50% of the plant height, but no lower than 8 inches.
5. Avoid mowing outside the active season for rusty -patched bumble bee and other
pollinators (April 15 — October 15).
6. Leave slash piles, mulch piles, or loose dirt piles along woodland edges. These areas
provide nesting habitats and/or nest materials for some pollinators.
7. Avoid the use of pesticides and specifically neonicotinoids.
8. Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 42225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-20-074.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2021-SLI-0063
Event Code: 04EN1000-2021-E-00143
Project Name: UNCC Heritage
October 26, 2020
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

10/26/2020 Event Code: 04EN1000-2021-E-00143
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;

10/26/2020 Event Code: 04EN1000-2021-E-00143
3
http://www.towerkill.com; and http://www.fws.gov/migratoI3Lbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

10/26/2020 Event Code: 04EN1000-2021-E-00143
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

10/26/2020 Event Code: 04EN1000-2021-E-00143 2
Project Summary
Consultation Code: 04EN1000-2021-SLI-0063
Event Code: 04EN1000-2021-E-00143
Project Name: UNCC Heritage
Project Type: DEVELOPMENT
Project Description: Multi -family student housing project in Charlotte, NC.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.32904075197247N80.72734897049457W
M
Counties: Mecklenburg, NC

10/26/2020 Event Code: 04EN1000-2021-E-00143 3
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Clams
NAME
STATUS
Carolina Heelsplitter Lasmigona decorata
Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/3534

10/26/2020 Event Code: 04EN1000-2021-E-00143 4
Flowering Plants
NAM L- STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFF ICE'S
JURISDICTION.

10/26/2020 Event Code: 04EN1000-2021-E-00143
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Blue -winged Warbler Vermivora pinus
Breeds May 1
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
to Jun 30
(BCRs) in the continental USA

10/26/2020 Event Code: 04EN1000-2021-E-00143
NAME
Cerulean Warbler Dendroica cerulea
BREEDING
SEASON
Breeds Apr 28
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/297
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Probability Of Presence Summary
Breeds May 10
to Sep 10
Breeds
elsewhere
Breeds May 10
to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.

10/26/2020 Event Code: 04EN1000-2021-E-00143 3
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Nonal
agVulnerable TTTT TTT+ +TTT ++++ ++++ ++-- ---+ ++++ ++++ ++++ ++—' 1++—

10/26/2020 Event Code: 04EN1000-2021-E-00143 4
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Blue -winged Warbler ++++ ++++ ++++ ++$I IIII
lilt
---+ ++++ +"+ ++++ ++—+ +++—
BCC -BCR
Cerulean Warbler ++++ ++++ ++++ IIII
"""+ ++++ ++++ ++++ ++—+ +++—
BCC Rangewide (CON)
Kentucky Warbler ++++ ++++ ++++ ++++++ ++++ ++—+ +++—
BCC Rangewide (COI)
Prairie Warbler
++++ ++++ ++++ +A 1 +�j
++++ ++++ ++++ ++—+
+++—
BCC Rangewide (CON)
■
Prothonotary
Warbler
++ ++ ++++
++++ ++++ ++++
BCC Rangewide (COI)
Red-headed
Woodpecker
++++ ++++ ++++ ++$==�
+'++ ++" ++++ ++—+
+++—
BCC Rangewide (COI)
Rusty Blackbird
++++ +„+ ++,+ $+++ ++++ ++--
---+ ++++ ++++ ++++ ++—'
+++—
BCC Rangewide (COI)
Wood Thrush
++++ ++++ ++++ ++'
++
:: +,'+ ++++
BCC Rangewide (COIF
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migrator3Lbirds/pdf/
management/nationwidestandardconservationmeasures. pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?

10/26/2020 Event Code: 04EN1000-2021-E-00143
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and

10/26/2020 Event Code: 04EN1000-2021-E-00143 6
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell

10/26/2020 Event Code: 04EN1000-2021-E-00143
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

10/26/2020 Event Code: 04EN1000-2021-E-00143
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER POND
• PUBHh

MEN Roy Cooper. Governor
•s ; NC DEPARTMENT OF Susi Hamilton, Secretary
■■ ■■ NATURAL AND CULTURAL RESOURCES
013
0 Walter Clark, director, Land and Water Stewardship
NCNHDE-13171
October 26, 2020
Kelly Roth
McAdams
2905 Meridian Parkway
Durham, NC 27713
RE: UNCC Heritage; AHP-19010
Dear Kelly Roth:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administcator
Governor Roy Cooper
Secretary Susi H. I Iamilton
December 9, 2019
Kelly Roth
McAdams
2905 Meridian Parkway
Durham, NC 27713
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Construct UNCC Cottages + TH Site, Sir Anthony Drive & Heritage Lake Drive, Charlotte,
Mecklenburg County, ER 19-3277
Dear Ms. Roth:
Thank you for your letter of November 1, 2019, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
amona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599