20201992 Ver 1_401 Application_20210119

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20201992
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.pdf 56.31KB
Date for Meeting Request 12/17/2020
ID# 20201992 Version 1
Project Contact Information
Name: Michelle Measday
Who is subrritting the information?
Email Address: [e-mail]
Project Information
Project Name: Southend Walk
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Mecklenburg
Please upload all files that need to be submited.

click the upload button or drag and drop files here to attach document
49.10649-E Southend Walk Project_PCN— SAW-
14.3MB
2020-00041.pdf
Only pdf or krm files are accepted.
Describe the attachments
or comments:
The project is a 94 unit single family townhouse development located at 150 Orchard Circle, Charlotte,
Mecklenburg County. The impacts are associated with a roadway crossing with impacts to 115-LF of stream,
20-LF riprap apron and 23-LF temporary impacts for a coffer dam (to be removed following roadway
construction).
Sign and Submit
P 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:
l'7'c11e A,2193011
Submittal Date: Is filled in autonetically.

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 9: SAW- 2020-00041
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Southend Walk, LLC
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and B3e]:
The Project Study Area (PSA) is located at 150 Orchard Circle in Charlotte, Mecklenburg County, North Carolina (Figure 1). The PSA
consists of one parcel totaling approximately 13.26 acres. According to the Mecklenburg County GIS Database website, the Parcel
Identification Number (PIN) 1452550117. The PSA consists of primarily open, wooded land. Surrounding areas consist of wooded
land, single-family residences and transportation uses. The applicant proposes to construct a 94 single-family townhome development.
A stream crossing is necessary to provide access to upland, developable portions of the site.
4. Property Owner / Applicant [PCN Form A3 or A4]: Southend Walk, LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Michelle Measday
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
150 Orchard Circle, Charlotte, Mecklenburg County, NC
8. Project Location —Tax Parcel ID [PCN Form Bla]: 14525501
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]: Catawba
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050103
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit 9 29
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

ECS SOUTHEAST, LLP
Geotechnical *Construction Materials . Environmental
9001 Glenwood Avenue
Raleigh, North Carolina 27617
Telephone [phone] Fax [phone]
To Whom It May Concern
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Satellite Office
Phone: [phone]
LETTER OF TRANSMITTAL
Date: December 18, Project No. 49:10649-D
2020
We are sending you the following items via: Electronic Submittal
COPIES
DATED
DESCRIPTION
1
December 18,
20200
Nationwide Permit 29 — PCN Submittal — Southend Walk, LLC Project
These are transmitted as checked below:
X For your use
As requested
REMARKS
Please find the attached PCN request for NWP 29 for the Southend Walk, LLC single-family townhome development in
Charlotte, Mecklenburg County, North Carolina. If you have any questions, please contact Michelle Measday at (919) 861-
9821 or at [e-mail].
COPY TO: Michelle Measday, 12/18/2020 SIGNED:

�I
ECS SOUTHEAST, LLP "Setting the Standard for Service"
® Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Flrm F-1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
December 18, 2020
To Whom It May Concern
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Satellite Office
Reference: Pre -Construction Notification Application
Request for Nationwide Permit 29 — Residential Developments
Southend Walk, LLC
150 Orchard Circle
Charlotte, Mecklenburg County, North Carolina
ECS Project No.: 49:10649-D
To whom it may concern,
Please find the attached Request for Pre -Construction Notification (PCN) Nationwide Permit 29
for a roadway crossing on the the Southend Walk, LLC residential townhome project. The project
includes the construction of 94 single-family townhomes at the above address.
Background
The project site is located at 150 Orchard Circle, Mecklenburg County, North Carolina.The site is
identified as Mecklenburg County Parcel Identification Number (PIN) 14525501, consists of
approximately 13.26 acres. Based on the information available, the site is primarily open wooded
land. Surrounding properties include commercial uses, single-family residences, wooded land
and agricultural fields.
The Southend Walk residential project includes the construction of 94 single-family townhomes
including roadway access, stormwater management, landscaping, lighting and utility
infrastructure.
The development plan proposes placement 115-LF of 60-inch reinforced concrete pipe (RCP)
within the stream and 20-LF rip -rap apron on the downstream side of the crossing to provide
statbility at the outlet structure. 23-LF of temporary disturbance is proposed with the installation
of a coffer dam needed for roadway construction activities.
Site Reconnaissance
ECS conducted the site reconnaissance on December 4, 2019. During the reconnaissance, the
site was observed for evidence of ponds, tributaries, and wetlands. One potential tributary were
observed during the site reconnaissance. ECS met with Mr. David Shaeffer to verify our findings.
Extent and location of the tributary is depicted in the attached jurisdictional determination (JD) for
SAW-2019-00041.
ECS Capitol Services, PLLC - ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com

Closing
On behalf of TriPointe Homes, ECS respectfully requests the use of NWP 29 to authorize impacts
to 115-LF of jurisdictional waters, 20-LF of rip -rap apron and 23-LF temporary disturbance for
construction activities. The attached permit application and associated attachments provide
details pertaining to the proposed project impacts.
ECS looks forward to your attention to this request. Please contact me at [phone] or
MMeasday(a)ecslimited.com with questions or if additional information is required.
Sincerely,
Michelle Measday, PWS, CFM
Environmental Senior Project Manager
M M easday(a)ecslim ited.com
919-861-9821
Attachments: Preliminary ORM Data Entry Fields for New Actions Form
Agent Authorization
Pre -Construction Notification Form
Appendices
Wetlands Impact Exhibits
Figures 1 — 5
Jurisdictional Determination SAW-2020-00041
USFWS Official Species List
USFWS Final 4(d) Rule for NLEB Verification Letter
NCSHPO GIS
Mecklenburg County Parcels Info
USFWS Response Letter
NHP Response Letter
2

a`'pF wArE�Q�
fl qqlt:� Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
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:
Southend Walk, LLC
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
Southend Walk
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Southend Walk, LLC
3b.
Deed Book and Page No.
29010 and 379
3c.
Responsible Party (for LLC if
applicable):
Christopher Deese
3d.
Street address:
311 North Canterbury Road
3e.
City, state, zip:
Charlotte, NC 28211
3f.
Telephone no.:
704-293-3894
3g.
Fax no.:
N/A
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
Luke Woodburn
4c.
Business name
(if applicable):
TriPointe Homes
4d.
Street address:
3436 Toringdon Way, Suite 210
4e.
City, state, zip:
Charlotte, NC 28277
4f.
Telephone no.:
[phone]
4g.
Fax no.:
N/A
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Michelle Measday
5b.
Business name
(if applicable):
ECS Limited
5c.
Street address:
9001 Glenwood Avenue
5d.
City, state, zip:
Raleigh, NC 27617
5e.
Telephone no.:
919-861-9821 (o) or 919-441-2437 (c)
5f.
Fax no.:
N/A
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):
14525501
1b.
Site coordinates (in decimal degrees):
Latitude: 35.190792 Longitude:-80.885015
1 c.
Property size:
13.26 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Irwin Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of primarily open, wooded land. Surrounding areas consist of commercial properties, single-family residences, wooded land,
agricultural fields and transportation uses.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 699
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): Mr. Jonathan Grubb
Agency/Consultant Company: ECS Limited
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2020-00041
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT Irwin Creek
PER
Corps
5
115
S2 T
Type In (Other)
UT Irwin Creek
PER
Corps
5
23
S3 P
Stabilization
UT Irwin Creek
PER
Corps
5
20
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
158
3i. Comments:
The culvert will result in the permanent loss of 115-LF of waters. Temporary impacts of 23-LF due to coffer dam soil erosion control measure required
for the road crossing construction. Approximately 20-LF for rip -rap apron construction required to ensure outlet protection.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
p1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes 0 No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See Appendices
1b. 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?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
42 %
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:
The site is subject to the City of Charlotte Post Construction Stormwater Ordinance (PCSO) and the additional runoff will be directed, via a storm
drainage
network, to a series of aboveground and underground treatment facilities designed to provide volume control for the 1-year, 24-hour storm as
well
as reducing the runoff for the 10-year and 25-year, 6-hour storms to pre -development rates.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
The City of Charlotte
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):
❑ 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):
❑X Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 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
will be handled by City of Charlotte/Mecklenburg County
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?
See Appendices.
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?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑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?
See the attached NCSHPO GIs imagery.
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 FIRM Map Service Center GIs viewer and attached figures.
�'
Michelle Measday�'�
12/18/2020
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
INC Registered Geologists Firm 0-406
SC Registered Engineering Firm 3239
APPENDICES:
B. Project Information and Prior Project History
3d. Explain the purpose of the project:
This development includes the construction of a 94-unit single-family townhome residential
development including associated parking/drive aisles, stormwater management facilities,
landscaping, lighting and utility improvements.
The development plan proposes placement of 115-LF of 60-inch reinforced concrete pipe (RCP)
within jurisdictional waters to carry an access roadway over Irwin Creek. 20-LF of rip rap is
being utilized at the outlet to provide stability around the structure. 23-LF of temporary
disturbance is associated with coffer dam required for the construction of the roadway crossing.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project consists of a proposed 94-unit single-family townhome development located at 150
Orchard Circle in Charlotte, NC. The City of Charlotte requires public streets to serve the
development that is bisected by a jurisdictional stream. To provide access to both sides of the
upland and developable portions of the site, a stream crossing is necessary. There is no way to
prevent the stream disturbance since the road is required and the entire property is being
developed. Standard construction equipment such as cranes, excavators, dump trucks, and
similar vehicles would be used for the project. Proper erosion and sedimentation control
measures would be employed throughout the project. Typical materials and machinery will be
used on -site during the construction process.
D. Impact Justification and Mitigation
la. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project:
The length of the proposed impact has been minimized by designing the roadway as
perpendicular to the stream as feasibly possible and by reducing the overall cross section of the
proposed public street at the crossing location as well as the use of retaining walls. The stream
will be protected during the construction of the project by the use of a coffer dam and pump (as
shown in the attached exhibit) as well as double row high hazard silt fence at the areas north
and south of the proposed disturbance.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:
Disturbance of the stream and wetlands shall be minimized to the extent practicable in order for
the proper installation of the road crossing. The construction techniques shall be conducted in
accordance with NCDENR 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.
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com

Temporary erosion, sedimentation, and pollution controls will be installed prior to and
maintained during the entire construction duration and until final stabilization is established.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
The roadway crossing will result in the permanent loss of waters over 115-LF for the placement
of the culvert within the stream. Additional disturbances are associated with the rip -rap apron
(20-LF) for stabilization and 23-LF for temporary disturbances associated with the coffer dam.
Permanent loss is less than 150-LF and therefore no compensatory mitigation is proposed as
part of this application.
5. Supplementary Information
5d. Endangered Species and Designated Critical Habitat (Corps Requirement)
ECS reviewed the USFWS Endangered Species Database for Mecklenburg County and
submitted a habitat assessment to the USFWS for review. The USFWS response letter
(included herewith) dated August 10, 2020, concluded that no adverse impacts to northern long-
eared bat, and insufficient habitat onsite for Carolina heelsplitter and the bald eagle. USFWS
recommended field studies within the respective survey window for Schweinitz's sunflower,
Smooth coneflower and Michaux's sumac. Field studies were conducted by ECS on October 7,
2020 in which none of the above targeted species were observed on site and concluded "No
Effect" on those species. The findings were submitted to the USFWS for final review and ECS is
awaiting confirmation on the findings/conclusions from the USFWS.
2

1.77 ucAov,,
JURISDICTIONAL PERENNIAL CHANNEL "SA"
EX- OW EX -ROW EX -ROW
_ EX -ROW EX -ROW
I
CiRC
lF
ROAD A
STREAM BUFFER
SITE DEVELOPMENT DATA
APPLICANT/DEVELOPER OWNER / 12
TRI POINTE HOMES, INC. SOUTHEND WALK LLC \
3436 TORINGDON WAY 311 N CANTERBURY RD _
SUITE 210 CHARLOTTE, NC 28211 O \ ) > J \
CHARLOTTE, NC28277 ( 11
SITE ADDRESS CD 10
150 ORCHARD CIRCLE CHARLOTTE NC 28217 3
TAX PARCEL ID# 145-255-01 (D.B. 29010, PG. 379) O ACREAGE ±13.27 ACRES 6
EXISTING USES VACANT
PROPOSED USE UP TO 94 FOR -SALE SINGLE FAMILY SEE ADJACENT
O
ATTACHED (TOWNHOMES) (22'X60') PROPERTY OWNER O
PROPOSED UNITS 92 TOWNHOMES 8
PROPOSED DUA 7.08 UNITS PER ACRE SHEET FOR INFO /
MAXIMUM DUA 8 UNITS PER ACRE
1111 METROPOLITANAVE, SUITE250 DATE: 12/16/2020
CHARLOTTE, 4 PROPOSED SITE EXHIBIT
www.bgeinc.com c.com 0 75' 150'
NC LICENSE #C-4397 SCALE: 1" = 150'
AUTHORIZATION AND ADAPTATION BY BGE INC. SHALL BE WITHOUT LIABILITY TO BGE INC.

STREAM BUFFER 61
a '
674 a ••
/ \ 675 ,
676
/ 677
/ 678 _ CL OF
_ 678 = =-
/
677
\ f
/ 115 LF PERMANENT STREAM IMPACT FROM RETAINING RETAINING WALL TO RIPRAP APRON A00
/yam PROP. PUMP LINE 9" /
/ TOP OF BANK _ _ = 67
_ PROP. PUMP DISCHARGE LOCATION 671
CD
0 /
rpF BANK / a
/ / e U
' .a
PROP. 20' CLASS A RIPRAP APRON _ o —
/ — PROP. RETAINING WALL (BY OTHERS) 1.
61
/ / 61616/ � :, / •a
6g� /
679
— — 678 _ —676 /05
677
23 LF TEMPORARY STREAM IMPACT
FROM PUMP INLET TO RETAINING WALL
614
— cVi
PROP. PUMP INLET LOCATION
PROP. COFFER DAM
(OR OTHER APPROVED EQUIVALENT)
PROP. RETAINING WALL (BY OTHERS)
-679
_ 680
1 681
682
683
684
STREAM BUFFER
686�
/ 68
4.
679 / 65.00' _ _
/ 678
677
676 675
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FORTHE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN
AUTHORIZATION AND ADAPTATION BY BGE INC. SHALL BE WITHOUT LIABILITY TO BGE INC.

695
690
685
680
675
ROAD A
STA: 6+50.00 TO STA:8+50.00
PROP. GRAD
AT ROAD C.L.
— — — — —
— — — — —
L— — —
\
— — — — —
— — — — — —
— — — — — —
— — — — — —
— — — — — —
— — — — — —
— — — — — —
— — — — — —
— — — — — —
— — — — —
— — — — —
— — — — t
/
— — — — —
— — — — —
---------
-----
87 LF OF
60" RCP @ -2.20% _
\
— \\---
— — — — — —
---88LFOF
60"RCP @-2.18%
------
— — — — —
/
--f---
/
— — — — —
— — — — —
\
— — — — —
— — — — — —
I
EX Gfi,
— —4 — — — —
I
I
IDEATROADC.L.
— — — — —
670 6+50
/+uu
/+ou
b+uu
695
690
685
680
675
8+50 670
1111 MCHARLOTTE, NC28204/TE250 JURISDICTIONAL PERENNIAL "SA�� DATE: 12/16/2020
LICENwww.bgei #C-4 CROSS-SECTION o 2: 40'
NC LICENSE #C-4397 SCALE: 1" = 40'
AUTHORIZATION AND ADAPTATION BY BGE INC. SHALL BE WITHOUT LIABILITY TO BGE INC.

Culvert Crossing
STA:-0+50.00 TO STA:2+00.00
690 1 1 1 1 690
- - - - - -- ------------
PROP. GRADE
- - - - - -- - - - - - - - - -- - -- / - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - -
PROP. RETAINING WALL (BY OTHERS)
-----------
87 LF OF
680 60" RCP @ -2.20% 680
-- ----------- - -----
PROP. RETAINING WALL (BY OTHERS)
PROP. PUMP DISCHARGE LOCATION _ - - - - - - - - -PROP. COFFER DAM
- - - - - - - - - - - - _ (OR APPROVED EQUIVALENT)
665 _0+50 0+00 0+50 1+00 1+50 2+00 665 2+50
T.OM1111
MCHARLOTTE, NC28204/TE250 JURISDICTIONAL PERENNIAL "SA" DATE: 12/16/2020
www.bgeinc.com PROFILE 0 20' 40'
NC LICENSE #C-4397 SCALE: 1" = 40'
THIS D(](AIMFNT TnC.FTHFR WITH THE rnN(.FPTS AND DFSI(CNS PRFSFNTFD HFRFIN AS AN INSTRIIMFNT nF SFRVIrF IS INTFNDFD nNI V FnR THE SPF(:IFI(: PNRP(]SF AND n IFNT FnR VJHIrH IT WAS PRFPARFD RFNSF nF AND IMPRnPFR RFI IANCF nN THIS D(](AIMFNT VgTHnt]T WRITTFN
AUTHORIZATION AND ADAPTATION BY BGE INC. SHALL BE WITHOUT LIABILITY TO BGE INC.

FULL HOUSE PROPERTIES LLC
D.B. 11927, PG 554
O
LOT 51 & 52
M.B. 5, PG 51
PIN.- 145-255-05
ZONING.- R-8
SINGLE FAMILY RESIDENTIAL
E. MILBURNDA VANT JR.
D.B. 18595, PG. 812
O
LOT 7 & PART OF LOT 6, BLOCK 1
M.B. 5, PG. 392
PIN.- 145-255-02
ZONING. R-5
SINGLE FAMILY RESIDENTIAL
JEFFREYL. BROWN
D.B. 14954, PG. 628
O
LOT 3, BLOCK 2
M.B. 5, PG. 201
PIN.- 145-193-10
ZONING. R-5
SINGLE FAMILY RESIDENTIAL
JOSEANTONIO SILVANDELA 0
D.B. 30784, PG. 916
O
LOT 1 & 2, BLOCK 2
M.B. 5, PG. 392
PIN. 145-193-09
ZONING. R-5
SINGLE FAMILY RESIDENTIAL
LINDA H. MAYFIELD
D.B. 5106, PG. 558
O
LOT 15 & 21-23, BLOCK 2
M.B. 5, PG. 392
PIN.- 145-193-08
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
MAMIE C. WHITLEY
D.B. 1943, PG. 153
O
LOT 24, BLOCK 2
M.B. 5, PG. 201
PIN.- 145-193-07
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
CHRISTOPHER E. BARTON& ALISONN. BARTON
D.B. 31042, PG. 364
O
PART OF LOT 27 & 28, BLOCK 2
M.B. 5, PG. 392
PIN.- 145-193-20
ZONING. R-8
SINGLE FAMILY RESIDENTIAL
CHARLESA. BURRIS
D.B. 3373, PG. 189
O
PART OF LOT 27 & 28, BLOCK 2
M.B. 5, PG. 392
PIN.- 145-19J-06
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
TRACEYJENKINS & RODNEYJENKINS
O
D.B. 5959, PG. 862
PIN.- 145-194-01
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
DCWREAL ESTATE - MINT HILL LLC
10
D.B. 31792, PG. 636
PIN. • 145-194-02
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
SLAXMI LLC
11
D.B. 32200, PG. 934
PIN. • 145-194-OJ
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
ZHI ZHANG
2
D.B. 33028, PG. 748
PIN.- 145-194-04
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
MABEL JOVES
13
D.B. 2840, PG. 142
PIN.- 145-194-05
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
DOROTHYMCCULLOUGH WALKER & HENRY
FURMAN
14
D.B. 8518, PG. 718
PIN.- 145-194-06
ZONING- R-5
SINGLE FAMILY RESIDENTIAL
ONNIELEEBELK
D.B. 3387, PG. 50
9 5
PIN.- 145-194-07
ZONING.- R-5
SINGLE FAMILY RESIDENTIAL
9 B
N.C. STA TE HIGHWA Y COMMISSION
D.B. 2629, PG. 599
PIN.- 145-194-14
1111 METROPOLITANAVE, SUITE250 DATE: 12/16/2020
CHARLOTTE, NC28204 ADJACENT PROPERTY OWNERS
www.bgeinc.com
NC LICENSE #C-4397
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FORTH E SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE
OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY BGE INC. SHALL BE WITHOUT LIABILITY TO BGE INC.

ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities
Property/Site:
Address of Site:
Agent Authorization
Orchard Circle Site (aka Southend Walk)
150 Orchard Circle, 437Petersen Drove
Charlotte, NC 28217
Parcel Identification Number (PIN): 4532698695,4532790296
Owner Information:
Name:
Address:
Telephone Number:
Fax Number:
E-mail Address:
Christopher Deese
311 N Canterbury Rd
Charlotte, NC 28211
704-293-3894
[e-mail]
Property Owner Certification:
INC Registered Engineering Firm F-1078
INC Registered Geologists Firm 0-406
SC Registered Engineering Firm 3239
14525501
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 (USAGE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and 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:
Property Owner Signature: L &A De"'S "
Date: 01 /02/2020
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com

I�
E&�
ECS SOUTHEAST, LLP "Setting the Standard for Service"
T. Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
Agent Authorization
Property/Site: Southend Walk
Address of Site: 150 Orchard Circle, Charlotte, NC 28217
Parcel Identification Number (PIN)
Client/Applicant Information:
145-255-01
Name: Tri Pointe Homes, Inc
Address: 3436 Toringdon Way, Suite 210, Charlotte, NC 28277
Telephone Number: [phone]
Fax Number:
E-mail Address: Juke.woodburn(a�tripointehomes.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:
Date:
12/15/2020
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com

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■lm

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Td. SAW-2020-00041 County: Mecklenburg U.S.G.S. Quad: NC- Charlotte West
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Southend Walk, LLC
Christopher Deese
Address:
311 North Canterbury Road
Charlotte, NC 28211
Telephone Number:
704-293-3894
E-mail:
Christopher.deese(aggmail.com
Size (acres) 13.26 Nearest Town Charlotte
Nearest Waterway Irwin Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.1907
Longitude:-80.8S50
Location description: The review area is located 0.18 miles northwest of the intersection of South Tryon Street and West
Peterson Drive. PIN: 14525501
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 12/12/2019. Therefore this preliminary jurisdiction
determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of
computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made
on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on
the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the
Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2020-00041
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Artily 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 permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or
david.l.shaeffer(ii�usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 3/2/2020.
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 a\n�n RFFAA'' form to the Division Office if you do not object to the determination in this correspondence.**
^cam �• Digitally 0.03.0n�d 0
SHAEFFER.DAVI D.LEIGH.1260750573
Corps Regulatory Official: Date: zozo.o3.ozosszse-osoo'
Date of JD: 3/2/2020 Expiration Date of JD: Not applicable

SAW-2020-00041
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:
ECS Limited
Jonathan Dale Grubb
Address:
7614 Netherlands Drive
Wihnineton, NC 28405
Telephone Number:
919-414-0214
E-mail:
JGrubbli),ecsl i m ited.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Southend Walk, LLC, Christopher Deese I File Number: SAW-2020-00041
Date: 3/2/2020
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: 3/2/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Southend Walk, LLC, Christopher Deese,
311 North Canterbury Road, Charlotte, NC 28211
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Orchard Circle, SAW-2020-
00041
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.18
miles northwest of the intersection of South Tryon Street and West Peterson Drive. PIN: 14525501
(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 (lat/long in degree decimal format): Latitude: 35.1907 Longitude:-80.8850
Universal Transverse Mercator:
Name of nearest waterbody: Irwin Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑X Field Determination. Date(s): 2/28/2020 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
T1
3S.1910
-80.88S0
699If
Non -wetland
404

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 6 dated 12/12/2019
❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑X 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:
❑X U.S. Geological Survey Hydrologic Atlas: Nationalmap.gov
DUSGS NHD data:
DUSGS 8 and 12 digit HUC maps:
❑ U.S. Geological Survey map(s). Cite scale & quad name:
ONatural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soils Mapservice
❑X National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑X Photographs: ❑ Aerial (Name & Date):
or ® Other (Name & Date): Photos 1-4 undated
❑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 CorDS
and should not be relied upon for later iurisdictional determinations.
Digitally signed by
SHAEFFER.DAVID.LEIGH.12
60750573
Date: 2020.03.02 08:53:33
-05'00'
Signature and date of Regulatory
staff member completing PJD
3/2/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
1 Districts may establish tinietranies for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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: December 08, 2020
Consultation Code: 04EN1000-2021-SLI-0184
Event Code: 04EN1000-2021-E-00400
Project Name: Southend Walk Townhome Development Project
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

12/08/2020 Event Code: 04EN1000-2021-E-00400
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: h=.//
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;

12/08/2020 Event Code: 04EN1000-2021-E-00400 3
http://www.towerkill.com; andhttp://www.fws.gov/migrator3birds/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

12/08/2020 Event Code: 04EN1000-2021-E-00400
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]

12/08/2020 Event Code: 04EN1000-2021-E-00400 2
Project Summary
Consultation Code: 04EN1000-2021-SLI-0184
Event Code: 04EN1000-2021-E-00400
Project Name: Southend Walk Townhome Development Project
Project Type: DEVELOPMENT
Project Description: Residential
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.19072355341898N80.88476034393094W
Counties: Mecklenburg, NC

12/08/2020 Event Code: 04EN1000-2021-E-00400 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

12/08/2020 Event Code: 04EN1000-2021-E-00400 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 PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

12/08/2020 Event Code: 04EN1000-2021-E-00400
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.
BREEDING
NAME 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

12/08/2020 Event Code: 04EN1000-2021-E-00400
BREEDING
NAME SEASON
Cerulean Warbler Dendroica cerulea 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.

12/08/2020 Event Code: 04EN1000-2021-E-00400 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
Bald Eagle ++++ ++++ ++I+ ++++ ++++ ++++ ++++ +++. ++++ ++++ ++.+ ++++
Non -BCC Vulnerable

12/08/2020 Event Code: 04EN1000-2021-E-00400 4
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Blue -winged ++++ ++++ ++++ ++C ++++ +++— +"' ++++ ++.+ ++++
Warbler
BCC -BCR
Cerulean Warbler ++++ ++++ ++++,+++ I I 1 •••+ +++. ++++ ++++ ++.+ ++++
mom
BCC Rangewide (COIF _ A..` 010M
Kentucky Warbler ++++ ++++ ++++ +d I I I 1 7+ +,!P RIP PW ++++ ++++ ++.+ ++++
BCC Rangewide (COI)
Prairie Warbler ++++ ++++ ++++ +�11 I 1 F+
BCC Rangewide (CO++IF-4--4- +++— +11+ ++++ ++.+ ++++
IF
Proth
Warbler notary ++++ ++++ ++++ I 1 I I I -+ ++++ Lb++ +++. ++++ ++++ ++.+ ++++
WarblM ---,
BCC Rangewide (CON)
Woodpecker 11+11+11 IIN *011 ++1+ ++ +—1++11+++ ++-11111
BCC Rangewide (COI) Im MMM�LEE `'�I
Rusty Blackbird ,+++ +'+, ,++' +. ++++ ++++ ++++ +++. ++++ ++++ ++-1 1,1,
BCC Rangewide (CON)
Wood Thrush ++++ ++++ ++++ +���+� +++ 1++-111111++ ++.+ ++++
BCC Rangewide (COI)
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/migratoI3Lbirds/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?

12/08/2020 Event Code: 04EN1000-2021-E-00400 5
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

12/08/2020 Event Code: 04EN1000-2021-E-00400 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

12/08/2020 Event Code: 04EN1000-2021-E-00400
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.

12/08/2020 Event Code: 04EN1000-2021-E-00400
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.
RIVERINE
• R5UBH

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: December 08, 2020
Consultation Code: 04EN1000-2021-TA-0184
Event Code: 04EN1000-2021-E-00403
Project Name: Southend Walk Townhome Development Project
Subject: Verification letter for the 'Southend Walk Townhome Development Project' project
under the January 5, 2016, Programmatic Biological Opinion on Final 4(d) Rule for
the Northern Long-eared Bat and Activities Excepted from Take Prohibitions.
Dear Michelle Measday:
The U.S. Fish and Wildlife Service (Service) received on December 08, 2020 your effects
determination for the 'Southend Walk Townhome Development Project' (the Action) using the
northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and
Consultation (IPaQ system. This IPaC key assists users in determining whether a Federal action
is consistent with the activities analyzed in the Service's January 5, 2016, Programmatic
Biological Opinion (PBO). The PBO addresses activities excepted from "take"Ell prohibitions
applicable to the northern long-eared bat under the Endangered Species Act of 1973 (ESA) (87
Stat.884, as amended; 16 U.S.C. 1531 et seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBO satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.

12/08/2020 Event Code: 04EN1000-2021-E-00403
This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA -
protected species that also may occur in the Action area:
• Carolina Heelsplitter, Lasmigona decorata (Endangered)
• Michaux's Sumac, Rhus michauxii (Endangered)
• Schweinitz's Sunflower, Helianthus schweinitzii (Endangered)
• Smooth Coneflower, Echinacea laevigata (Endangered)
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].

12/08/2020 Event Code: 04EN1000-2021-E-00403 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Southend Walk Townhome Development Project
2. Description
The following description was provided for the project'Southend Walk Townhome Development
Project':
Residential
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.19072355341898N80.88476034393094W
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service's PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.

12/08/2020 Event Code: 04EN1000-2021-E-00403 4
The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service's PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA -listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).

12/08/2020 Event Code: 04EN1000-2021-E-00403 5
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service's January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
Yes
2. Have you determined that the proposed action will have "no effect" on the northern long-
eared bat? (If you are unsure select "No")
No
3. Will your activity purposefully Take northern long-eared bats?
No
4. [Semantic] Is the project action area located wholly outside the White -nose Syndrome
Zone?
Automatically answered
No
5. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases and other sources of information on the locations of northern long-
eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/
mammals/nleb/nhisites.html.
Yes

12/08/2020 Event Code: 04EN1000-2021-E-00403
6. Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
7. Will the action involve Tree Removal?
Yes
8. Will the action only remove hazardous trees for the protection of human life or property?
No
9. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
10. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No

12/08/2020 Event Code: 04EN1000-2021-E-00403
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type Win questions 1-3.
1. Estimated total acres of forest conversion:
13
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type Win questions 4-6.
4. Estimated total acres of timber harvest
U
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type Win questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type Win question 10.

12/08/2020 Event Code: 04EN1000-2021-E-00403
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?

NCHPO HPOWEB
low{
1' + do
or
f F y
f`
x= +
12/8/2020, 11:59:40 AM 1:9,028
0 0.05 0.1 0.2 mi
Local districts & boundaries Local Landmark, Gone Surveyed Only individual resources & centerpoints
Local individual resources & centerpoints Local HD Center Point Surveyed Only 0 0.1 0.2 0.4 km
Local Landmark Surveyed in NRHD NC CGIA, USDA FSA, GeoEye, Maxar
North Carolina State Historic Preservation Office
NC CGIA USDA FSA Maxar

PARCEL ID. 14525501 SQUTHEND WALK FLU
150 ORCHARD CR CHARLOTTE NC CHIARLOTTE NC 28211
Total Appraleed Value
$1,291,600
KEY INFORMATION
ASSESSMENT DETAILS
Land Use Code
AS00 Neighborhood
AP09
Notice of 2019 Real Estate Assessed Value
Land Use De.c
MULTI FAMILY Land
577605.6 SQUARE FEET
Land Value
$1,291,600
Exemption/DefemieiR
- Municipality
CHARLOTTE
Building Value
$0
Last Sale Date
- Fire District
CITY OF CHARLOTTE
Features
$0
Last Sale Price
- Special Dl t-t
NA
Total
$1,291,600
Legal Description
11.5 &P6 B1 MS-392 &P3 MS-388 &P2 BA MO &D7.176 &L48-50 &P42.47 MS-Sl
LAND
USE UNITS TYPE NEIGHBORHOOD ASSESSMENT
A500 577505,u SQUARE FEET AP09 $1,291,000
BUILDINGS
n Building(1)
Finished Area
Year Bull
Built use / Style
Story
Heat
Fuel
Foundation
Extemal Wall
Fireplace(,)
Full Bath(,)
Half Bath(s)
Bedroom(.)
Total(Sq Ft)
No Photo Available

VALUE CHANGES
The value change history shows only changes in appraised value; It does not show exemptions, exclusions or deferrals that could reduce a property's taxable value_ If any of these are in effect for a particular tax year, It will he shown on the property tax bill for that year_ It Is also possible that same previous
value changes might be missing from this list or listed In the wrong order. If you have any questions, please call the County Assessor's Office at 704-336-7600.
DATE OF VALUE CHANGE
0 EFFECTIVE FOR TAX YEAR 0
0v11:1 19
12019
07/15/2015
12014
12/13/2014
12011
03/17/2011
12011
07/24/2034
12004
03/15/2033
12003
REASON FOR CHANGE 0
NEW VALUE
COUNTYWIDE REVALUATION
$1,291,600
Board of Equalization and Review- Decision
$317,700
REVALUATION REVIEW - PEARSON
$577,600
COUNTYWIDE REVALUATION
$577,600
COMBINED REAL ESTATE
$577,600
COUNTYWIDE REVALUATION
$110,600
PERMITS
Far information on building, electrical, mechanical or plumbing permits issued for this property in the last six years, please visit Mecklenburg County Code Enforcement's searchable permit site.
DI,dolmer
Mecklenburg County, makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use or interpretation.

IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood and
extent of effects a project may have on trust resources typically requires gathering additional site -
specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed
activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section.
t
0A1 V14P
Project information
NAME
Southend Walk Townhome Development Project
LOCATION .0\
Mecklenburg County, North Carolina
J
DESCRIPTION
Residential
Local office
' +k
Asheville Ecological Services Field Office
t. [phone]
18 [phone]

160 Zillicoa Street
Asheville, NC 28801-1082
http://www.fws.gov/nc-es/es/countyfr.htmI
Foy
O�
*4f\
C)o�

Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near the
project area. To fully determine any potential effects to species, additional site -specific and project -
specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area of
such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal
agency. A letter from the local office and a species list which fulfills this requirement can only be
obtained by requesting an official species list from either the Regulatory Review section in IPaC (see
directions below) or from the local field office directly. ,, %,,.w.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website and
request an official species list by doing the following:
1. Log in to IPaC.
2. Go to your My Projects list.
3. Click PROJECT HOME for this project.
4. Click REQUEST SPECIES LIST.
Listed species and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries-).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list.
Please contact NOAA Fisheries for species under their jurisdiction.
Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information.
2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS

Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
https.//ecos.fws.gov/ecp/species/9045
Clams
NAME
Carolina Heelsplitter Lasmigona decorata
There is final critical habitat for this species. Your location is outside
the critical habitat.
https://ecos.fws.gov/ecp/species/3534
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii
Threatened
STATUS
Endangered
STATUS
w
Endangered
Endangered
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata Endangered
No critical habitat has been designated for this species
https://ecos.fws.gov/ecp/specles/3473
Critical habi is
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act-! and the Bald and Golden Eagle
Protection Act2.
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.
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/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
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. W
*MO
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
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development or
activities.
httpL.//ecos.fws.gov/ecp/species/1626
BREEDING SEASON (IF A
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
.....................................................................................................
BIRD MAY BREED IN YOUR
PROJECT AREA SOMETIME WITHIN
..............................................................................................................
THE TIMEFRAME SPECIFIED,
..........................................................................................
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES INSIDE
.........................................................................................................
WHICH THE BIRD BREEDS ACROSS
................................................................................................................
ITS ENTIRE RANGE. ''BREEDS
............................................................................................
ELSEWHERE'' INDICATES THAT THE
................................................................................................................
BIRD DOES NOT LIKELY BREED IN
............................................................................................................
YOUR PROJECT AREA.)
Breeds Sep 1 to Jul 31

Blue -winged Warbler Vermivora pinus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/2974
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds May 1 to Jun 30
Breeds Apr 28 to Jul 20
Breeds Apr 20 to Aug 20
Breeds May 1 to Jul 31
JN
6
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
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 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.
How is the probability of presence score calculated? The calculation is done in three steps:
1. 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 -N%W\o
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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 ()
•..0
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.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data( ) % -..
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on all
years of available data, since data in these areas is currently much more sparse.
SPECIES
Bald Eagle
Non -BCC Vulnerable
............................................. f,
(This is not a Bird of
Conservation Concern
......................................................
(BCC) in this area, but
.....................................................
warrants attention
..............................................
because of the Eagle
..................................................
Act or for potential
..............................................
susceptibilities in
..........................................
offshore areas from
.................................................
certain types of
......................................
development or
.......................................
activities.)
........................
probability of presence breeding season survey effort no data
]AN FFB MAR APR MAY JUN JUL AUG SFP OCT NOV DEC
MEN No OMNI
+III III+ ++I+ +++

Blue -winged ++++ ++++ ++++ + + + + 4- 4- 4-++— + ++-4--+ -4--+—+ ++++
Warbler
BCR (This is a
Bird '�Conservation'''­'''
................... ............................... 17
Concern (BCC) on in
-­".................. particular6� L2nservation Regions
(BCR.;'7 .......................
........... : 2
continental USA)
.............................
Cerulean Warbler moor
-4 .
.�E.Eangewide (CON) . . . . . .. 4-4- . . . . . . . . .. 4-+ -4 . . . . . . . .
.......................................
(This is a Bird of
.......................................
Conservation Concern
(BCC) throughout its
................................................
range in the
.......................... .C.22�inental USA and
Alasl�'a­') ................................
...................
Kentucky Warbler ++++ . . . . . .. 4-+
BCC Rangewide (CON) . . . . . . . . .
............... ETj ......................
(This is a
of
Conservation Concern
(BCC) throughout its
................................................
range in the
..............
conti
nental USA and
................................ Alaska.)
...................
Prairie Warbler . . . . . . . ..4--++-4-+ -4 . . . . . . .
BCC Rangewide (CON)
(This is a Bird of
..............
Conservation Concern
(BCC) throughout its
................................................
range in the
..............
conti
nental USA and
!'................................ Alaska.)
...................
Prothonotary
Warbler ++++
BCC .Rangewide (CON)
(This is a Bird of
..............
Conservation Concern
(BCC) throughout its
. ................................................
range in the
..............
continental USA and
' ........................... ­
Alaska.)
...................
Red-headed 11+1 1+11 IM *011 1+-+ -+-1 1111
Woodpecker
BCC
id2 (C
................
(This is a Bird of
...................................... Cons4rvation Concern
TEE)'throughout " its'
................................................
range in the
............. continental .m.�L2�A
Alaska.)
...................
Rusty Blackbird . . . . . . . . . . .. 4-4- -4 . . . . . . . . . .. 4-+ -4-+—
I
BCC Rangewide (CON)
......................................................
......................
.......................................
Conservation Concern
(BCC) throughout its
................................................
La2ae.' i ' n " the " ' ' continental USA and
ask a )' ................................
...................

Wood Thrush ++++ ++++ ++++
BCC Rangewide (CON)
(This is a Bird of
.......................................
Conservation Concern
(BCC) throughout its
................................................
range in the
...........................
continental USA and
..................................................
Alaska.)
...................
I I I I I++- I I I I I1++ ++-+ ++++
on
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.
14\
What does IPaC use to generate the migratory birds potentially occurring in my specified location? 3\
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and otkr species that
may warrant special attention in your project location. Nb
The migratory bird list generated for your project is derived from data provided by theclviKnowledge 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
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 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.
Facilities

National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inven ory
%rVO
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.
This location overlaps the following wetlands:
RIVERINE
RSUBH
A full description for each wetland code can be found at the National Wetlands Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use
of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the
amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata
should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and the
actual conditions on site.

Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic
vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some
deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These
habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.
�O�
F01?4*A-

■ ■■■ Roy Cooper. Governor
00 0 NC DEPARTMENT OF Susi Hamilton, Secretary
■■L■■ NATURAL AND CULTURAL RESOURCES
IN won Walter Clark, Director, Land and Water Stewardship
NCNHDE-12674
August 16, 2020
Jonathan Grubb
ECS Southeast LLP
7614 Netherlands Drive
Wilmington, NC 28405
RE. Orchard Circle Project, 10649
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 NATURAL AND CULTURAL RESOVRCES
121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699
& OFC g19.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Orchard Circle Project
Project No. 10649
August 16, 2020
NCNHDE-12674
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Nameo Common Name
Group Observation
Date
Freshwater 7236 Lasmigona decorata Carolina Heelsplitter 1880-Pre
Bivalve
Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Element Accuracy Federal State
Occurrence Status Status
RankL AL III
X 3-Medium Endangered Endangered
Managed Area Nam
wner
Mecklenburg County Open Space -
Clanton Park
Mecklenburg County
Mecklenburg County Open Space -
Irwin Creek
Mecklenburg County
Greenway
Mecklenburg County Open Space -
Amay James
Mecklenburg County
Park
Mecklenburg County Open Space -
Reid Park
Mecklenburg County
Mecklenburg County Open Space -
Pressley Road
Mecklenburg County
Park
NC Division of Mitigation Services Easement
NC DEQ, Division of Mitigation Services
Mecklenburg County Open Space -
Collins Park
Mecklenburg County
Global State
Rank Rank
G1 S1
Hi? 5-Very --- Endangered G3 S2
Low
Owner Type
Local Government
Local Government
Local Government
Local Government
Local Government
State
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 16, 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

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Project Boundary
Buffered Project Boundary
Q Managed Area (MAREA)
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0 0.175 0.35 0.7 mi
0 0.3 0.6 12 km
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 3 of 3

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SE� .Fe
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: Orchard Circle Property; Mecklenburg County, North Carolina Log No. 4-2-20-386
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence 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 and single family residences with areas for commercial development on
approximately 13 acres in Charlotte, North Carolina. The site is composed of successional
forest, transitional habitats, power line easement and an unnamed tributary which spans 6991f
across the property. 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 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.
Based on the information provided, we agree that onsite conditions do not support habitats for
the federally endangered Carolina heelsplitter (Lasmigona decorata), 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.
The information provided suggests that suitable habitat for the federally endangered
Schweinitz's sunflower (Helianthus schweinitzii), Smooth coneflower (Echinacea laevigata),
and Michaux's sumac (Rhus michauxii) occurs onsite (e.g. transitional areas along forest edges,
fencerows, roadsides, utility rights -of -way, etc.). Your correspondence indicates that a "site
reconnaissance" was conducted December 4th, 2019. However, this effort occurred outside the
optimal survey windows for these species, and it is unclear if it entailed targeted surveys for
federally protected species or if this evaluation was only cursory in scope. Targeted surveys for
these species should be conducted during the optimal survey window(s) where proposed project -
mediated impacts overlap suitable habitats for these species. Survey efforts between late August
and October would span the optimal survey window for all of the species referenced above.
Please submit your survey results to this office when they become available to complete our
review and to inform a prudent effect determination from the appropriate action agency. In lieu
of surveys during the optimal survey window, the Applicant may choose to assume presence of
these species and identify measures to sufficiently avoid impacts to areas onsite that contain
suitable habitat.
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:
Low Impact Development
The Service is concerned about the potential stormwater-mediated impacts to streams and
wetlands onsite. Where detention ponds are used, storm -water outlets should drain through a
vegetated area prior to reaching any natural stream or wetland area. Detention structures should
be designed to allow for the slow discharge of storm water, attenuating the potential adverse
effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges.
Since the purpose of storm -water -control is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland. We recommend that retention ponds be located
at least 750 feet from small wetlands to minimize hydrologic disturbance and ecological
function.
We also 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.
2

Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Disturbed areas should be revegetated with native grass and tree species 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.
Riparian Buffers
Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They
accomplish the following:
1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants
from reaching streams;
2. enhance the in -stream processing of both point- and nonpoint-source
pollutants;
3. act as "sponges" by absorbing runoff (which reduces the severity of floods)
and by allowing runoff to infiltrate and recharge groundwater levels (which
maintains stream flows during dry periods);
4. catch and help prevent excess woody debris from entering the stream and
creating logjams;
5. stabilize stream banks and maintain natural channel morphology;
6. provide coarse woody debris for habitat structure and most of the dissolved
organic carbon and other nutrients necessary for the aquatic food web; and
7. maintain air and water temperatures around the stream.
Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100-year floodplain, whichever is greater])
should be created and/or maintained along all aquatic areas. Impervious surfaces, ditches, pipes,
roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructures that require
maintained, cleared rights -of -way and/or compromise the functions and values of the forested
buffers should not occur within these riparian areas.
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 4-2-20-386.
Sincerely,
Janet Mizzi
Field Supervisor

ID#* 20201992 Version* 1
Regional Office * Mooresville Regional Office - [phone]
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 12/17/2020
......................................................................................................................................................................................................
Contact Name* Michelle Measday
Contact Email Address* [e-mail]
Project Name* Southend Walk
Project Owner* c/o Christopher Deese
Project County* Mecklenburg
Owner Address: Street Address
311 North Caterbury Road
Address Line 2
aty State / Province / Region
Charlotte NC
Postal / Zip axle Country
28211 Mecklenburg
Is this a transportation project?* r Yes (' 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 project is a 94 unit single family townhome development located
at 150 Orchard Circle, Charlotte, Mecklenburg County. The project is
seeking approval for a roadway crossing to access and connect the
development to upland portions of the property. The Mecklenburg
County PIN is 14525501.The roadway crossing consists of placing
115-LF of RCP into a stream with 20-LF of rip -rap apron for stability.

Please give a couple of dates you are available for a meeting.
12/28/2020
12/30/2020
1 /4/2021
1 /7/2021
1 /12/2021
Please attach the documentation you would like to have the meeting about.
6 - 2020-1216 - Wetland Exhibit.pdf 1.21VIB
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
Submittal Date 12/17/2020