20201813 Ver 1_401 Application_20201231

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20201813
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:* Mooresville Regional Office - [phone]
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Pre -Filing Meeting Information
Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not
be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in
accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project
proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section
121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read
more information on when this form is needed prior to application submission or here to view the form.
Attach documentation of Pre -Filing Meeting Request here:
DWR Pre -Filing Meeting Request Form smith Farms.pdf 51.24KB
Date for Meeting Request 11/25/2020
I D#
Project Contact Information
Name: Ron Johnson
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Smith Farms at Prosperity Village
Is this a public transportation project?
r Yes
r No
Version
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Mecklenburg
Please upload all files that need to be submited.

Oickthe upload button or drag and drop files here to attach document
PCN Smith Farms at Prosperity Village.pdf 3.55MB
Only pdf or Iv17 files are accepted.
Describe the attachments
or comments:
Sign and Submit
V By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
■ I agree that submission of this online 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');
■ 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
■ I intend to electronically sign and submit the online form.
Signature:
I�Peel- OZIMI*W
Submittal Date: Is filled in automatically.

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW- SAW-2020-01283 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Smith Farms at Prosperity Village
2. Work Type: ZPrivate ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
The proposed 60-acre development will consist of a mixed -used multi -family development with townhomes, apartments, two
stormwater ponds, an approximate 29,000 square -foot fitness center, and associated parking and drive areas. The purpose of the
development is to provide much needed homes, services, shops, and offices to an expanding neighborhood center.
4. Property Owner / Applicant [PCN Form A3 or A4]: Stan Smith (owner)/WSB Retail Partners, LLC (app6
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Mr. Brandon Fulton, ECS Southeast, LLP
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
4840 Prosperity Church Road, Charlotte, Mecklenburg County NC
8. Project Location —Tax Parcel ID [PCN Form Bla]: 02932105, 02932106, 02932112,02932113, 02932�
9. Project Location — County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: Yadkin Pee Dee
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit 4 39
Regional General Permit 4
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

ECS SOUTHEAST, L L P `Setting the Standard for Service"
1,,. Geotechnical • Construction Materials • Environmental • Facrlltles NC Registered Engineering Firm F-1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3230
December 14, 2020
Bryan Roden -Reynolds
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 611
Charlotte, NC 28262
704-510-1437
Reference: Pre -Construction Notification Application
Request for Nationwide Permit 39 (Commercial and Institutional Developments)
& Water Quality Certification No. 4139
Smith Farms at Prosperity Village (SAW-2020-01283)
4840 Prosperity Church Road
Charlotte, Mecklenburg County, North Carolina
ECS Project No.: 49: 10845
Dear Mr. Roden -Reynolds,
On behalf of WSB Retail Partners, LLC (WSB), ECS Southeast, LLP (ECS) is submitting this
Preconstruction Notification for authorization under Nationwide Permit (NWP) 39 to construct a
residential and commercial development at 4840 Prosperity Church Road in Charlotte,
Mecklenburg County, North Carolina. The purpose of the development is to provide much
needed homes, services, shops, and offices to an expanding neighborhood center.
According to the Mecklenburg County Online GIS website, the site is identified as portions of
Mecklenburg County Parcel Identifiers (PIDs) 02932105, 02932106, 02932112, 02932113,
02932121, 02932132, and 02932133. The Smith Farms at Prosperity Church Road site consists
of approximately 60 acres and is owned by WSB.
ECS conducted a site visit with Mr. Brian Roden -Reynolds, with the U.S. Army Corps of
Engineers (USACE) on July 30, 2020. The USACE concurred with the approximate boundaries
of the waters as shown on the enclosed delineation maps in the appendices. The Jurisdictional
Determination (JD) letter from the USACE is attached.
Project Description
The proposed 60-acre development will consist of a mixed -used multi -family development with
townhomes, apartments, two stormwater ponds, an approximate 29,000 square -foot fitness
center, and associated parking and drive areas.
Impacts & Mitigation
WSB has planned and engineered the proposed work to avoid wetland and waterbody impacts
where practicable. Where avoiding impacts was not feasible, WSB sought to minimize impacts
during the siting, planning, and engineering phases of the project. Impacts to the on -site
perennial stream and wetland will be avoided. Appropriate construction techniques will be used,
and erosion control measures will be implemented to minimize siltation, sedimentation, and
ECS Capitol Services. PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast; LLP • ECS Texas, LLP
www.ecslimited.com

other impacts. Efforts will be made before, during, and after construction to minimize the extent
and duration of project -related disturbances to water resources.
The project proposes to permanently impact 292 linear feet of intermittent stream in order to
construct parking areas for the development. The development will be constructed via standard
construction procedures. WSB is proposing to provide compensatory mitigation for the 292
linear feet of impact to the intermittent stream via payment to the state In -Lieu Fee Program.
Conclusion
ECS respectfully requests the verification of the use of NWP 39 to authorize 292 feet of
permanent impact to an intermittent stream. The attached permit application, project
information, and associated attachments provide details pertaining to the proposed project
impacts.
ECS looks forward to your attention to this request. Please contact Ron Johnson at (704) 995-
3963/rgiohnson(a�ecslimited.com or Brandon Fulton at [phone]/ bfulton(a)ecslimited.com
with questions or if additional information is required.
Sincerely,
Ron Johnson, P S
Environmental Senior Project Manager
[e-mail]
704.525.5152
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
[e-mail]
704.409.7744
Attachments: Preliminary ORM Form
Signed Owner Agent Authorization
Pre -Construction Notification Application
Appendices
Impact Exhibits
SAW Concurrence Email
Verified Waters Map
Mecklenburg County Parcel Info
SHPO Response Letter
NHP Response Letter
USFWS Response Letter
Mitigation Acceptance Letter
2

ffi
ECS SOUTHEAST, L L R 'Setting the Standard for Service'
I- Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering FirmF-1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
Agent Authorization
Property/Site: Smith Farms at Prosperity Village
Address of Site: 4840 Prosperity Church Road
Charlotte. Mecklenbura Countv. NC
Parcel Identification Number (PIN): 02932105, 02932106, 02932112,02932113, 02932121,
0293213
Client/Applicant Information:
Name: Daniel Senden, WBS Retail Partners, LLC
Address: 474 Wando Park Blvd. Suite 205
Mt. Pleasant, SC
Telephone Number: 678-758-9222
Fax Number:
E-mail Address: daniel(a)-wbsretail.com
Authorization:
I, the undersigned, do hereby authorize ECS to act on my behalf and take all actions necessary
for the processing of this request, to furnish supplemental information in support of this request,
including stream/wetland matters in coordination with the USACE and the NCDWR field
verification and permit application:
Authorized Signature: 9 k--.L-
Date:
ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecsiimited.com

a``pF w A rE�Qc
`v -r
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
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 ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes X❑ No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ 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:
Smith Farms at Prosperity Village
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
Smith Farms at Prosperity Village
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Stanley Smith
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
4501 Johnston oheler Road
3e.
City, state, zip:
Charlotte, North Carolina
3f.
Telephone no.:
704-458-5253
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Developer
4b.
Name:
Daniel Senden
4c.
Business name
(if applicable):
WBS Retail Partners, LLC
4d.
Street address:
474 wando Park Boulevard
4e.
City, state, zip:
Mt. Pleasant, South Carolina
4f.
Telephone no.:
678-758-9222
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Brandon Fulton, LSS, PWS
5b.
Business name
(if applicable):
Engineering Consulting Services Southeast, LLC
5c.
Street address:
1812 Center Park Drive
5d.
City, state, zip:
Charlotte, NC 28217
5e.
Telephone no.:
704-525-5152
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
See appendices
1b.
Site coordinates (in decimal degrees):
Latitude: 35.362377 Longitude:-80.779467
1 c.
Property size:
60 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Yadkin Pee Dee River
2b.
Water Quality Classification of nearest receiving water:
WS-IV
2c.
River basin:
Yadkin Pee Dee
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 majority of the site consists of fields and undeveloped, wooded land and open areas under mature forest canopy. Surrounding areas consists of
commercial properties, single-family residences, wooded land, and agricultural fields.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.05
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 752
3d. Explain the purpose of the proposed project:
See appendices
3e. Describe the overall project in detail, including the type of equipment to be used:
See appendices
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Jonathan Grubb
Agency/Consultant Company: ECS Southeast, LLP
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El 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
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Fill
UT to Stoney Creek
INT
Corps
292
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
292
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 individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, 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 0 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
131
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.
see appendices
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
see appendices
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?
❑X Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X 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.
❑X Yes
4b.
Stream mitigation requested:
292 linear feet
4c.
If using stream mitigation, stream temperature:
warm
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
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑X Yes ❑ 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 ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
50 %
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:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
0 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 [Tx No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El 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 during the construction of the project will be treated by Charlotte -Mecklenburg Utilities.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
X❑Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Site recon, NCNHP. Letters sent to Asheville USFWS and NCNHP for concurrence. See appendices for conclusions.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes X❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO GIs. Request for concurrence sent to SHPO on July 12, 2020.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Firms
Brandon Fulton
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

Supplemental Information and
Agency Correspondence

ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NO Registered Engineering Firm F-1076
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
Appendices:
B. Project Information and Prior Project History
la. Property identification no. (tax PIN or Parcel ID):
02932105, 02932106, 02932112, 02932113, 02932121, 02932132, and 02932133
3d. Explain the purpose of the project:
The purpose of the development is to provide much needed homes, services, shops, and offices
to an expanding neighborhood center.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed 60-acre development will consist of a mixed -used multi -family development with
townhomes, apartments, two stormwater ponds, an approximate 29,000 square -foot fitness
center, and associated parking and drive areas.
The development will be constructed via standard construction procedures. Proper erosion and
sediment control measures would be utilized and maintained throughout the project. Typical
materials and machinery will be used on -site during the construction process.
D. Impact Justification and Mitigation
la. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project:
WSB has planned and engineered the proposed work to avoid wetland and waterbody impacts
where practicable. Where avoiding impacts was not feasible, WSB sought to minimize impacts
during the siting, planning, and engineering phases of the project. Impacts to the on -site
perennial stream and wetland will be avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:
Appropriate construction techniques will be used, and erosion control measures will be
implemented to minimize siltation, sedimentation, and other impacts. Efforts will be made
before, during, and after construction to minimize the extent and duration of project -related
disturbances to water resources.
Disturbance of the stream shall be minimized to the extent practicable in order to construct the
development. The construction techniques shall be conducted in accordance with North
Carolina Department of Environment and Natural Resources standards. Temporary and
additional erosion control measures shall be maintained throughout the construction process.
Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control
during roadway development activities. Temporary erosion, sedimentation, and pollution
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest. LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecs li m ited. com

controls will be installed prior to and maintained during the entire construction duration and until
final stabilization is established.
F. Supplementary Information
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Engineering Consulting Services Southeast, LLC (ECS) performed an assessment for
endangered species and critical habitat at the project location. The study area consists primarily
wooded land, fields, one stream, and a power line easement. The majority of the site consists of
fields and undeveloped, wooded land and open areas under mature forest canopy. Surrounding
areas consists of commercial properties, single-family residences, wooded land, and agricultural
fields. The site reconnaissance was performed on July 6th, 2020. ECS composed letter requests
addressed to the Natural Heritage Program (NHP) on August 18th, 2020, and the U.S. Fish and
Wildlife Service (USFWS) on July 10th, 2020 to determine if the study area is located in the
immediate vicinity of registered sightings or habitats for endangered species.
ECS reviewed the USFWS Endangered Species Database to identify federally protected
threatened and endangered species in Mecklenburg County, North Carolina. The following
federally protected Threatened and Endangered species were listed in Mecklenburg County,
North Carolina:
Common Name
Scientific name
Federal
tatus
Current/Historic
Invertebrate
Carolina heelsplitter
Lamigona decorata
E
Current
Rusty -Patched bumble bee
Bombus affinis
E
Historic
Bird
Bald Eagle
Haliaeetus leucocephalus
BGPA
Current
Vascular Plant
Smooth coneflower
Echinacea laevigata
E
Current
Schweinitz's sunflower
Helianthus schweinitzii
E
Current
Michaux sumac
Rhus michauxii
E
Current
Mammal
Northern Long-eared Bat
Myotis septentrionallis
T
Probable/Potential
BGPA = Bald and Golden Eagle Protection Act
E = Endangered T = Threatened
2

Species/Habitat Description
Carolina heelsplitter
Description: The Carolina heelsplitter was first described in 1852. It has an ovate, trapezoid
shaped shell. The outer surface of the shell varies from greenish brown to dark brown in color,
and shells from younger specimens have faint greenish brown or black rays. The inside surface
is often pearly white to bluish white, grading to orange in the deepest part of the shell. However,
in older specimens the entire nacre may be a mottled pale orange. The shell of the largest
known specimen of the species measures 4.6 inches in length. Like other freshwater mussels,
the Carolina heelsplitter feeds by siphoning and filtering food particles from the water column.
Habitat: The Carolina heelsplitter requires cool, clean, well -oxygenated water. Stable, silt -free
stream bottoms appear to be critical to the species. Typically, stable areas occur where the
stream banks are well -vegetated with trees and shrubs.
Conclusions: The site consists of wooded land, fields, one stream, and a power line easement.
The streams onsite had intermittent hydrology, contained silty bottoms, and sediment was
suspended in the water table at the time of the site visit. No riffle pool sequences were
observed. The banks of the stream were eroded contributing to the amount of sediment in the
channel.
Based on our observations, suitable habitat for the Carolina heelsplitter is not present onsite. No
bivalves were observed during the site reconnaissance.
Rusty -patched bumble bee
Description: Rusty patched bumble bees live in colonies that include a single queen and
female workers. The colony produces males and new queens in late summer. Queens are the
largest bees in the colony, and workers are the smallest. All rusty patched bumble bees have
entirely black heads, but only workers and males have a rusty reddish patch centrally located on
the back.
Habitat: Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the
Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or
fragmented by conversion to other uses. 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).
Conclusion: The site consists of wooded land, fields, one stream, and a power line easement.
Based on the site reconnaissance and observations, potentially suitable habitat for the Rusty -
patched bumble bee is not present on the site. No individuals were observed during the site
reconnaissance. Therefore, this project should have no effect on the bee.
Bald Eagle
Description: Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller,
weighing as much as 10 pounds and have a wingspan of 6 feet. Sometimes confused with
Golden Eagles, Bald Eagles are mostly dark brown until they are four to five years old and
acquire their characteristic coloring.

Habitat: Bald Eagles live near rivers, lakes, and marshes where they can find fish, their staple
food. Bald Eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals
and carrion. Bald Eagles require a good food base, perching areas, and nesting sites. Their
habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the
birds congregate near open water in tall trees for spotting prey and night roosts for sheltering.
Conclusions: The site consists of wooded land, fields, one stream, and a power line easement.
The majority of the site consists of fields and undeveloped, wooded land and open areas under
mature forest canopy. The wooded land consists of a mix of pine and hardwood species,
ranging from approximately 5 to 80 years in age. Moderately dense understory vegetation was
observed within the wooded land. Potential wetland areas, and other low-lying drainage areas
were observed during the site reconnaissance. Large bodies of water and a steady food support
base are not present on the site. Additionally, bald eagles, eagles, or eagle nests were not
observed during the site reconnaissance. Based on our knowledge and site observations,
suitable habitat for the Bald Eagle is not located on site.
Smooth Coneflower
Description: Smooth Coneflower is a rhizomatous perennial herb, which grows to a height of
about 1.5 m, with smooth stems, few leaves and pink to purplish flowers. This species flowers
from May to mid -July and fruits from late June to September.
Habitat: Smooth Coneflower is formerly a plant of prairie -like habitats or oak -savannas
maintained by natural or Native American -set fires. Now, primarily occurs in openings in woods,
such as cedar barrens and clear cuts, along roadsides and utility line rights -of -way, and on dry
limestone bluffs. Usually found in areas with magnesium- and calcium -rich soils. Requires full or
partial sun.
Conclusion: The site consists of wooded land, fields, one stream, and a power line easement.
Artificially disturbed open habitat is located within the site. However, ECS did not observe
Smooth Coneflower during the site reconnaissance. Based on the site reconnaissance and
observations, potentially suitable habitat for the Smooth Coneflower is present on the site;
however, no Smooth Coneflower were observed during the site reconnaissance. Therefore, this
project should have no effect on the Smooth Coneflower.
Schweinitz's Sunflower
Description: Schweinitz's Sunflower is a perennial herb that produces solitary stems, up to 2 m
tall and bears yellow flower heads in late summer and early autumn.
Habitat: Schweinitz's Sunflower occurs in clearings, and edges of, upland oak -pine -hickory
woods and piedmont longleaf pine forests in moist to dryish sandy Ioams. The sunflower
requires full to partial sun of an open habitat, which was formerly maintained over the species'
range by wildfires and grazing by herds of bison and elk. Now most occurrences are confined to
roadsides and powerline clearings.
Conclusion: The site consists of wooded land, fields, one stream, and a power line easement.
ECS conducted a survey for the sunflower on October 6, 2020. Artificially disturbed open habitat
is located within the site; however, ECS did not observe Schweinitz's Sunflower during the site
reconnaissance. Based on the site reconnaissance and observations, potentially suitable habitat
M

for the Schweinitz's sunflower is present on the site; however, no individuals of Schweinitz's
sunflower were observed during the site reconnaissance. ECS submitted a letter to the USFWS
on October 7, 2020 summarizing the results of the survey. As of the date of this submittal, a
response has not been received from USFWS.
Michaux's Sumac
Description: Michaux's Sumac is a low -growing, densely hairy, dioecious shrub, mostly 0.3 to
0.6 m tall. Leaves are pinnately compound with 7-13 leaflets that are coarsely toothed. Female
plants produce erect clusters of greenish -yellow to white 4-5 parted flowers and conspicuous
red drupes. Flowers from April to June. Fruits persist from August through September or
October. Michaux's Sumac is distinguished from other Rhus species by its small stature (mostly
0.3 to 0.6 m tall), 7-13 leaflets, and its overall pubescence (both the leaves and the stems are
densely pubescent). In addition, the leaf rachis is often winged at the terminal portion of the leaf.
Habitat: Michaux's Sumac occurs in sandy or rocky open woods, sometimes in association with
circumneutral soils. In the fall line sandhills region it occurs in submesic loamy swales. In the
eastern Piedmont, it occurs on sand soils derived from granite. In the central Piedmont, it occurs
on clayey soils derived from mafic rocks. In all of its habitats, Michaux's Sumac is dependent
upon some form of disturbance to maintain the open quality of its habitat. Periodic, naturally
occurring fires provided such disturbance historically. Today, however, many of the Michaux's
Sumac occurrences are in areas that are artificially disturbed, such as highway and railroad
rights -of -way, pine plantations, edges of cultivated fields, and other cleared lands.
Conclusion: The site consists of wooded land, fields, one stream, and a power line easement.
Artificially disturbed open habitat is located within the site; however, ECS did not observe
Michaux's Sumac during the site reconnaissance. Based on the site reconnaissance and
observations, potentially suitable habitat for the Michaux's Sumac is present on the site;
however, no Michaux's Sumac were observed during the site reconnaissance. Therefore, this
project should have no effect on the Michaux's Sumac.
Northern long-eared Bat
Description: The northern long-eared bat (NLEB) is a medium-sized bat with a body length of 3
to 3.7 inches but a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on
the back and tawny to pale -brown on the underside. As its name suggests, this bat is
distinguished by its long ears, particularly as compared to other bats in its genus, Myotis.
Habitat: During summer, NLEBs 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. This bat seems opportunistic in selecting roosts, using tree
species based on suitability to retain bark or provide cavities or crevices. It has also been found,
rarely, roosting in structures like barns and sheds. NLEBs spend winter hibernating in caves and
mines, called hibernacula. They typically use large caves or mines with large passages and
entrances; constant temperatures; and high humidity with no air currents. Specific areas where
they hibernate have very high humidity, so much so that droplets of water are often seen on
their fur. Within hibernacula, surveyors find them in small crevices or cracks, often with only the
nose and ears visible.
E

Conclusion: No known hibernation sites are on or within '/4 mile to the project site. The site
consists of wooded land, fields, one stream, and a power line easement. According to the
USFWS website, Mecklenburg County is not listed as a county the NLEB is known to or is
believed to occur. Based on the site reconnaissance and observations, suitable habitat for the
NLEB may be present on site, however, the study area is not listed as a county the NLEB is
known to or is believed to occur. Therefore, the project should have no effect on the NLEB.
ECS received a response from the NHP on August 18th, 2020 which states that based on a
query of the NHP database, no records of rare species, important natural communities, natural
areas, or conservation areas are located within the study area. A copy of this correspondence is
attached.
ECS received a response from Ms. Renee Gledhill -Earley, SHPO Representative, on August
18th, 2020. The letter states that the SHPO has conducted a review of the project and are aware
of no potential resources which would be affected by the project. Therefore, SHPO has no
further comment on the project as proposed. A copy of this correspondence is attached.
ECS received a letter response from Janet Mizzi, Fish and Wildlife Biologist, with the USFWS
on August 10th, 2020. Ms. Mizzi stated that the proposed action is not likely to adversely affect
any federally listed endangered or threatened species, their formally designated critical habitat,
or species currently proposed for listing under the Act at these sites. Furthermore, the letter
stated, "Based on the information provided and other information available, it appears that the
proposed action is not likely to adversely affect any federally -listed endangered or threatened
species, their formally designated critical habitat, or species currently proposed for listing under
the Act at these sites. A copy of this correspondence is attached.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
ECS composed a letter request addressed to the State Historic Preservation Office (SHPO) on
July loth, 2020 to determine if the study area is located in the immediate vicinity known cultural
or archeological resources.
ECS received a response from Ms. Renee Gledhill -Earley, SHPO Representative, on August
18th, 2020. The letter states that the SHPO has conducted a review of the project and are aware
of no potential resources which would be affected by the project. Therefore, SHPO has no
further comment on the project as proposed. A copy of this correspondence is attached.
CONCLUSION
ECS has conducted a preliminary threatened and endangered species determination and a
preliminary historic and archaeological resources review for the site. Please note that our
services did not include detailed studies for threatened and endangered species or historic and
archaeological resources. Based on our knowledge, habitat description, and agency
concurrence from NCSHPO, NCNHP, and the USFWS, it appears that the proposed action will
not affect cultural or archaeological resources, and is not likely to adversely affect threatened
and endangered species, their formally designated critical habitat, or species currently proposed
for listing under the Endangered Species Act at the site. The proposed development will also
not affect cultural or archeological resources.
0

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REVISION (UPDATED DELINEATION MAP) --- 08/17/2020
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01283 County: Mecklenburg U.S.G.S. Quad: NC- Derita
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor:
WSB Retail Partners, LLC
Dusty Wiederhold
Address:
474 Wando Park Boulevard
Mt. Pleasant, SC 29464
Telephone Number:
843-513-8600
E-mail:
dustvnwsbretail.com
Size (acres) —55 Nearest Town Charlotte
Nearest Waterway Stony Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.363486
Longitude:-80.781956
Location description: The review area is located on the Oehler Road; approximately 1.1 miles west of the intersection of Oehler
Road and SR-2477. Reference review area descrintion shown in Jurisdictional Determination Request nackage entitled
"Figure 1, Site Location Map" and Dated 07/01/2020.
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 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, 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.

SAW-2020-01283
❑ 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
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
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 Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-rynolds( )usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 7/30/2020.
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/deternimation 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 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 09/25/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2020.08.17 09:14.22 -04'00'
Date of JD: 7/30/2020 Expiration Date of JD: 07/26/2025

SAW-2020-01283
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/f?p=13 6:4: 0
Copy furnished:
Agent:
ECS Limited
Jonathan Grubb
Address:
7614 Netherlands Drive
Wilmington, NC 28405
Telephone Number:
919-414-0214
E-mail:
igrubb(&ecslimited.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: WSB Retail Partners, LLC, Dusty
File Number: SAW-2020-01283
Date: 7/30/2020
Wiederhold
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 DENIAL
C
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED 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 FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
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 opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 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]

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 7/30/2020
ORM Number: SAW-2020-01283
Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE).
Review Area Location': State/Territory: NC City: Charlotte County/Parish/Borough: Mecklenburg
Center Coordinates of Review Area: Latitude 35.363486 Longitude-80.781956
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
t_7 The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
0 There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
0 There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination
C. Clean Water Act Section 404
Territorial Seas and Traditional Navi able Waters ((a)(1) waters :3
(a)(1) Name
(a)(1) Size
(a)(1) Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Intermittent
489
linear
(a)(2)
Intermittent Stream 1 flows east into Perennial
Stream 1
feet
Intermittent
Stream 1 which flows east to outside the
tributary
proposed project area and contributes surface
contributes
water flow to a downstream water offsite.
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Perennial
263
linear
(a)(2) Perennial
Perennial Stream 1 flows east on continues
Stream 1
feet
tributary
offsite to downstream waters offsite.
' Map(s)/figure(s) are attached to the AJD provided to the requestor
z If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
- NAVIGABLE WATERS PROTECTION RULE
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
a 3 Name
a 3 Size
a 3 Criteria
Rationale fora 3 Determination
N/A.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Wetland 1
0.05
acre(s)
(a)(4) Wetland
Wetland 1 directly abuts intermittent Stream 1
abuts an (a)(1)-
a 3 water.
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Ephemeral
837
linear
(b)(3) Ephemeral
NCDEQ Stream Identification Form, Version
Stream 1
feet
feature,
4.11 (Dated 07/06/2020) score this feature 14.
including an
Any feature scored less than 19 is
ephemeral
considered ephemeral.
stream, swale,
gully, rill, or
pool.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
❑x Information submitted by, or on behalf of, the applicant/consultant: Figures 1-6
This information is sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
❑ Data sheets prepared by the Corps: Title(s) and/or date(s).
❑ Photographs: Select. Title(s) and/or date(s).
❑ Corps site visit(s) conducted on: Date(s).
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
' Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
❑x USDA NRCS Soil Survey: Figure 3, USDA-NRCS Soil Survey Map (Web Soil Survey of Mecklenburg
Coun
❑x USFWS NWI maps: igure 5, National Wetlands Inventory Map (USFWS NWI Mapper)
* USGS topographic maps: Figure 2, USGS Topographic Map (7.5-minute Derita, NC)
Other data sources used to aid in this determination:
Data Source select
Name and/or date and other relevant information
USGS Sources
Figure 2, USGS Topographic Map (7.5-minute Derita, NC)
USDA Sources
Figure 3, USDA-NCRS Soil Survey Map (Web Soil Survey of Mecklenburg
Count
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
N/A.
Other Sources
Figure 1, Site Location Map (Dated 07/01/2020) and Figure 4, FEMA -
NFHL Flood Zone Ma National Flood Hazard Layer)
B. Typical year assessment(s): The consultant (ECS Limited) conducted a site evaluation on
07/06/2020. The Antecedent Precipitation Tool was used for this date and determined the site was
under wetter than normal.
C. Additional comments to support AJD: See Section II(D), Excluded Waters or Features for further
explanation on Excluded Tributary (Ephemeral Stream 1)
Page 2 of 2 Form Version 10 June 2020 updated

Legend ;. " "!►� �' ` " I ' UN
Oil
Prosperity Project Study Area
Status
Intermittent Client:
Perennial TAIL
�r
Y V S B I IARF tR%
•-•-- Ephemeral Channel ® Potential Wetland 0 l �/'T `
- Project:
z PROSPERITY CHURCH
Excluded Waters (b)3 ; ROAD SITE
ephemeral channel
Approx. 837' �, 4840 PROSPERITY
�. Linear Feet y '� (a)2 Perennial tributary CHURCH ROAD
gyp,' Approx.263 CHARLOTTE
- Linear Feet MECKLENBURG COUNT
+? ■' ,• NORTH CAROLINA
-r
Title:
Potential Wetlands and
Waters of the U.S. Map
i
r
(a)2 Intermittent tributary _
Approx. 488.86 1. JURISDICTIONAL WATERS
Linear Feet OF THE US WERE DELINEATE
BY ECS ON JULY 6, 2020
2. FEATURES DEPICTED ON
ilk a (a)4 Wetland abuts an THIS MAP HAVE NOT BEEN
VERIFIED BY THE USACE
(a)1-(a)3 water OR NCDWRANDARE
Approx.0.05 SUBJECT TO CHANGE.
' •' w,: Acre 3. THIS MAP SHOULD BE
«i. USED FOR PRELIMINARY
! *� PLANNING PURPOSES.
I� �•1y �Y ` ' .�� �5 a �r..1I k
w
# � � = ' � � �• ' � � � _ Drawn By: Checked By:
71, Y
� � Approved By: Date:
A*#' " , WBF 07/30/2020
• ECS Project No.
v
r 1 49:11845
0 150 300 600 FIGURE 6
Feet

PARGEL ID: 02932105 ELLIOTT ROBERT NEAT, ROSE ANN S
4421 JOHNSTON CEHLER 4421 JOHNSTON OEHLER RD
RD CHARLOTTE NC CHARLOTTE INC 28269
Total Appraised Value
$409,000
Q
e
a�
n
a 8�
KEY INFORMATION
ASSESSMENT DETAILS
Land Use Code R120
Neighborhood
C901
2020 Real Estate Assessed Value
Land use Desc SINGLE FAMILY RESIDENTIAL-
Land
8.25 ACRE
Land Value
$260,400
ACREAGE
Bui Idi ng Value
$133, 500
ExemptionlDeferment -
Municipality
CHARLOTTE
Features
$15,100
Last Sale Date -
Fire District
CfTY OF CHARLOTTE
Total
$409,000
Last Sale Price -
Special District
NA
Legal Description NA

PARCEL ID: 02932106E SMITH LINDA P LIVING TRUST, (LINDA &STANLEY SMITH
4501 JOHNSTON OEHEER CO-TS-0
4501 JOHNSTON OEHLER RD
RD CHARLOTTE NC CHARLOTTE INC 28269
KEY INFORMATION
Land Use Code
R120
Neighborhood
C901
Land Use Desc
SINGLE FAMILY RESIDENTIAL -
Land
1 ACRE
ACREAGE
Exemption/Deferment
-
Municipality
CHARLOTTE
Last Sale Date
Fire District
CITY OF CHARLOTTE
Last Sale Price
Special District
NA
Legal Description
OLD ONLY/NOT DEFERRED
Total Appraised Value
$193,200
10
rD
`� ❑4 V e
4 04
Q
8
ASSESSMENT DETAILS
2020 Real Estate Assessed Value
Land Value
S35,01)0
Building Value
S158,2DO
Features
$0
Total
S193,200

PARCEL I1):112932112 NORE19 GARY L, NORRIS DEAN P
5000 PROSPERITY CHURCH 5000 PROSPERITY CHURCH RD
RD CHARLOTTE NC CHARLDTTEINC 28269
Total Appraised Value
$212,100
KEY INFORMATION
Land Use Code R120 Neighborhood C901
Land Use Desc SINGLE FANCILY RESIDENTIAL - Land 4.D4 ACRE
ACREAGE
ExemptionfDeferment - Muncipalrty CHARLOTTE
Last Sale Date Fire District CITY OF CHARLOTTE
Last Sale Price Special District NA
Legal Description NA
n
81
►L3y*5�►IA0Is07:111I1W
2020 Real Estate Assessed Value
Land Value
$98,5DO
Building Value
$112,900
Features
S7D0
Total
S212,100

PARCEL ID: i12932113 SMITH L INDA P LIVI NG TRUST, (U NDA &STANLEY SMITH
Total Appraised Value
4840 PROSPERITY CHURCH cc-TST)
$648,320
4501 JOHNSTON OEHLER RD
RD CHARLOTTE NC CHARLOTTE NC28269
dd¢ �
r
YIY hM
VVV" Q
�� n
i) oO
Qom• �p�o� 1
i
1
nwm.IM o.'x'
ODI
G
aka°c1c2p
a a
cap U
o
0
•, •li
- � 14 ❑ p �
q
a
8
w��
Cif . n46x�D _ of i¢ 0
KEY INFORMATION
Land Use Code
5310
Neighbodroad
C9D1
Land Use Desc
AGRICULTURAL -
Land
20,72 ACRE
COMMERCIAL PRODUCTION
Exemption/Deferment
AGRICULTURAL RAG
Munrcipality
MECKLENBURG COUNTY -
UNINCORPORATED
Last Sale Date
-
F1reDlstrlct
CHARLOTTE RURAL
Last Sale Price
Special District
FIRE SERVICE A
Legal Description
PTRI U[WLD ONLYJNOT AKE)(/UNTL NOT DEF
ASSESSMENT DETAILS
ZD20 Real Estate Assessed Value
Land Value
S648,320
Building Value
50
Features
$0
Totai
$648,320

PART I{), 02932121 LANGLEY WILLIAM G, LANGLEY SARAH H
4712 PROSPERITY CHURCH 4712PROSPERITYCHURCH RD
RD CHARLOTTE NC CHARLOTTE INC 28269
Total Appraised Value
$293,000
KEY INFORMATION
Land Use Cade
R120
Neighhofiood
C901
Land Use Desc
SINGLE FAMILY RESIDENTIAL-
Land
5.849ACRE
ACREAGE
ExemptioiVDeferment
-
Munlcipaldy
CHARLOTTE
Last Sale Date
Fire District
CITY OF CHARLOTTE
Last&deRice
Specia€District
NA
Legal Description
NA
0p�
Aff
ASSESSMENT DETAILS
21320 Real Estate Assessed Value
Land Value
$138,400
Building Value
M0,900
Features
83,700
TOW
$293,000

PARCEL ID- D2932132 SMITH STEWART S
4503 JOHNSTON ❑EHLER 4505JOHNSFDNOEHLERRD
RD CHARLOTTE NC CHARLDTTEINC 28269
Total Appraised Value
$124,800
a�)
KEY INFORMATION
Land Use Code R7 20 Neighborhood C901
Land Use Desc SINGLE FAMILY RESIDENTIAL- Land 4A7ACRE
ACREAGE
ExeWioNDeferment -
Municipalrty CHARLOTTE
Last Sale Date -
Fire District CITY OF CHARLOTTE
Last Sale Price -
Special District NA
Legal Description NA
U
2020 Real Estate Assessed Value
Land Value
$117,6M
Building Value
Sd
Features
$7,200
Total
$124,SD0

PARCEL I D: 02932133 SYLVESTER CHRISTI NE J, (TRUSTEE DIA S W SMITH&L
PROSPERITY CHURCH Rd SMITH
45D1 JOHNSTON OEHLER RD
CHARLOTTE NC CHARLOTTE NC28269
Total Appraised Value
$125,600
B
KEY INFORMATION
ASSESSMENT ❑ETAILS
Land Use Cade R120
Neighborhood
C901
2020 Real Estate Assessed Value
Land Use Desc SINGLE FAMILY RESIDENTIAL-
Land
6.895ACRE
Land Value
S125,600
ACREAGE
Buiiding Value
Sa
ExempttonlDefemrent -
Municipality
CHARLOTTE
Features
Sa
Last Sale Date
FreDistrict
CITY OF CHARLOTTE
Total
$125,M
Last Sale Price
Special District
NA
Legal Description PTR1 U)M

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
August 18, 2020
Kristen Cottrell
ECS Southeast, LLP
9001 Glenwood Avenue
Raleigh NC, 27617
[e-mail]
Re: Construct subdivision, 4840 Prosperity Church Road, Charlotte, Mecklenburg County, ER 20-1565
Dear Kristen Cottrell:
Thank you for your email of July 10, 2020, 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
[e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
(�, �JdL�Llq�
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

Z ■on Roy Cooper. Governor
ai NC DEPARTMENT OF Susi Hamilton. Secretary
moons !NATURAL AND CULTURAL RESOURCES
0 son Walter Clark. Director, Land and Water Stewardship
NCNH DE-12695
August 18, 2020
Jonathan Grubb
ECS Southeast LLP
7614 Netherlands Drive
Wilmington, NC 28405
RE. Prosperity Church Road Development, 11845
Dear Jonathan Grubb:
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:
https://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 rodnev.butlerWncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF MAT URAL AND CULTURAL RESOURCES
(k 121 W. JONES STREET. RALEIGH. NC 27603 - 1651 MAIL SERVICE CEN7CR, RALEIGH, NC: 27699
OFC !�t9.707.9120 • FAX [phone]?121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Prosperity Church Road Development
Project No. 11845
August 18, 2020
NCNHDE-12695
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name
Group I 0 Observation
Date
Natural 14670 Upland Depression --- 2001
Community Swamp Forest
Natural 3942 Xeric Hardpan Forest --- 2010
Community (Basic Hardpan
Subtype)
Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s
Vascular Plant 27040 Helianthus schweinitzii Schweinitz's Sunflower 2017-09-19
Vascular Plant 33285 Sceptridium jenmanii Alabama Grape -fern 1936-09
Natural Areas Documented Within a One -mile Radius of the Project Area
Representational Rating
Bingham Road Hardpan Forest R5 (General)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner
Mecklenburg County Open Space - Mallard Creek Mecklenburg County
Park
Mecklenburg County Open Space - Clarks Creek Mecklenburg County
Greenway
Mecklenburg County Open Space - Clarks Creek Mecklenburg County
Tributary
City of Charlotte Open Space City of Charlotte
Element
Accuracy Federal
State
Global
State
Occurrence
Status
Status
Rank
Rank
Rank
CD
2-High ---
---
G2G3
S2S3
CD
3-Medium ---
---
G2G3
S2
Hi?
5-Very ---
Endangered
G3
S2
Low
F
2-High Endangered
Endangered
G3
S3
H
5-Very ---
Special
G3G4
S2
Low
Concern
Vulnerable
Collective Rating
C4 (Moderate)
Owner Type =
Local Government
Local Government
Local Government
Local Government
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on August 18, 2020; source: NCNHP, Q3 July 2020. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-12695: Prosperity Church Road Development
ell
A~wawa
HWlane
fto
-40'0� r.r
q,
N
w +
E E
L
k%-
August 18, 2020
❑
Project Boundary
❑
Buffered Project Boundary
E]
N H P Natural Area (N H NA)
iJ
Managed Area (MAREA)
ffighrand "I I
Creek
io
lu. n,, I
01 1
1:25,263
0 0.2 0.4 0.8 Mi
1 1 1 1 It
0 0325 065 13 km
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 10, 2020
Jonathan Grubb
ECS Southeast
9001 Glenwood Avenue
Raleigh, North Carolina, 27617
[e-mail]
Dear Jonathan Grubb:
Subject: Prosperity Church; Mecklenburg County, North Carolina Log No. 4-2-20-385
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated July 10, 2020, (received July 14, 2020) wherein you solicit our comments
regarding project -mediated impacts to federally protected species. 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
multi -family residences with corresponding storm water ponds, fitness center and associated
parking areas on approximately 57 acres in Charlotte, North Carolina. The site is composed of
successional forest, transitional habitats, and power line easement. Surrounding land use is
dominated by residential developments. Your correspondence indicates that jurisdictional waters
of the U.S. (Stony Creek) are present onsite, suggesting that the proposed development would
require USACE authorization.
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 may or 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. Although not required, we encourage you to avoid
any associated tree clearing activities during the maternity roosting season from May 15 —
August 15.

Your correspondence indicates that a suitable habitat is present onsite for the federally
endangered Michaux's sumac (Rhus michauxii), and Smooth coneflower (Echinacea laevigata).
However, site reconnaissance conducted July 6t1i, 2020 did not detect evidence of Michaux's
sumac or Smooth coneflower. Moreover, we agree that onsite conditions do not support habitats
for the federally endangered Carolina heelsplitter (Lasmigona decorates), and we acknowledge
that no evidence of bald eagle (Haliaeetus leucocephalus) was detected in your pedestrian
surveys. Therefore, we have no concerns for these federally protected species.
Service records show known occurrences of suitable habitat for the federally endangered
Schweinitz's sunflower (Helianthus schweinitzii) in the project vicinity. Your correspondence
indicates that a "site reconnaissance" was conducted July 6 h, 2020, however, this is outside the
optimal survey window. To ensure that this species is not inadvertently lost, targeted
botanical surveys should be conducted during the optimal survey window (late August —
October) where project -mediated impacts overlap suitable habitats. This species grows in
clearings and transitional habitats along upland woods, thickets and pastures. It is also found
along roadways, utility rights of way, old pastures, and woodland openings. Based on the
information provided, we believe that suitable habitat is present onsite for this species.
To complete our evaluation, and to inform a prudent effect determination from the appropriate
action agency, we request that the Applicant provide this office with survey results and/or
provide information indicating that suitable habitats are not present within the proposed impact
area for federally protected species.
In accordance with the Act, it is the responsibility of the appropriate federal agency or its
designated representative to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated.
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
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requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids
within the concrete.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-20-385.
Sincerely,
Janet Mizzi
Field Supervisor

Roy COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Daniel Senden
WBS Retail Partners, LLC
474 Wando Park Blvd, Ste 205
Mt. Pleasant, SC 29464
NORTH CAROLINA
Environmental Quality
November 30, 2020
Expiration of Acceptance: 5/30/2021
Project: Smith Farms at Prosperity Village County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Yadkin
03040105
Warm Stream
292
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: Ron Johnson, agent
Sincerely,
Aawd_-b�
FOR James. B Stanfill
Asset Management Supervisor
Ncrrl Cnno_'4A
gevd4�wn1 o}EnvFmmenml quel�
North Carolina Department of Envtronmental Quality I Division of Mitigation Services
217 W. Jones Slrcel 1 1652 Mail Scrvicc Ccnlcr RZ jlctgh, North Carolina 27699-1W
919,707.8976

ID#* 20201813
Version* 1
Regional Office * Mooresville Regional Office - [phone]
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 11/25/2020
Contact Name* Ron Johnson
Contact Email Address* [e-mail]
Project Name* Smith Farms at Prosperity Village
Project Owner* WSB Retail Partners, LLC
Project County* Mecklenburg
Owner Address: Street Address
474 Wando Park Blvd, Ste 205
Address Line 2
aty State / Province / Pegion
Mt. Pleasant South Carolina
Postal / Zip axle Country
29464 USA
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
* Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes (-- No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below.*
The proposed 60-acre development will consist of a mixed -used
multi -family development with townhomes, apartments, two
stormwater ponds, an appro)amate 29,000 square -foot fitness center,
and associated parking and drive areas.
Please give a couple of dates you are available for a meeting.

Please attach the documentation you would like to have the meeting about.
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
►�i ,%Dh�50�f
Submittal Date 11/25/2020