20210074 Ver 1_ePCN Application_20210211

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance
in to the review process?*
6 Yes
r No
Is this project a public transportation project?*
C Yes 6 No
Change only if needed.
BIMS # Assigned *
Version#*
20210074
1
Is a payment required for this project?*
r No payment required
What amout is owed?*
r Fee received
r $240.00
6 Fee needed - send electronic notification
G $570.00
Reviewing Office *
Select Project Reviewer*
Mooresville Regional Office - [phone]
Alan Johnson:eads\adjohnson1
Information for Initial Review
1a. Name of project:
Emerson Hills Apartment Homes
1a. Who is the Primary Contact?*
Pedcor Investments, LLC (Kara Strickland)
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/11 /2021
Nearest Body of Water
Cold Water Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.457444-80.597664
Pre -Filing Meeting Information
ID# Version
20210074 1
Pre -fling Meeting or Request Date*
1/11/2021
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form (002).pdf 56.87KB
A. Processing Information C^U
County (or Counties) where the project is located:
Cabarrus

Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
08b_Emerson Apartment Homes- Pedcor Investments DMS Acceptance.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
V Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Pedcor Investments, LLC
2b. Deed book and page no.:
2c. Responsible party:
Kara Strickland
2d.Address
352.37KB
*
r Yes r No
r Yes r No

Street Address
770 Third Ave, S.W.
Address Line 2
City
Carmel
Postal / Zip Code
46032
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Chris Tinklenberg
4b. Business Name:
Kimley-Horn and Associates
4c.Address
Street Address
200 South Tryon St
Address Line 2
Suite 200
City
Charlotte
Postal / Zip (ode
28202
4d. Telephone Number:
[phone]
4f. Email Address:*
Ch ris.Ti n kle n berg @kiml ey-horn. com
Agent Authorization Letter*
04a_Emerson_Hil Is_Agent_Autho rizatio n-sig ned. pdf
State / Rovince / Rion
IN
Country
USA
2f. Fax Number:
State / Rovince / Rion
NC
Country
USA
4e. Fax Number:
129.88KB
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Kannapolis
2. Project Identification
2a. Property Identification Number:
2b. Property size:
56224500200000 & 56223570920000
25
2c. Project Address
Street Address
Address Line 2
city
State / Province / Region
Postal / Zip code
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cold Water Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.

030401050202
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The subject property is situated between Concord Lake Road and Interstate 85 in Kannapolis, Cabarrus County, NC. Six (6) streams and two (2) wetlands are present on -site. The
subject property is an approximately 25-acre parcel comprised of two residential developments, horse pastures, and undeveloped forest land. The subject property is bound by
residential development to the west, Concord Lake STEAM Academy to the north, Kannapolis Church of Christ and Sonny's Camp N Travel to the south, and an 1-85 Cabarrus County
Rest Area along Interstate 85 to the east.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Fig2_EmersonHills_USGS.pdf 316.13KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Fig3_EmersonHills_SSURGO.pdf 326.77KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.3
4g. List the total estimated linear feet of all existing streams on the property:
1.198
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a multi -family affordable housing development for workforce housing for households earning between 60 and 80 percent of the area median
income (AMI).
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of 15 multi -family apartment buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure and a
clubhouse facility. General construction equipment includes, but are not limited to, bulldozers, excavators, front-end loaders, etc. will be used for construction purposes.
4j. Please upload project drawings for the proposed project.
06a_2021-0104 Overall Grading E)diibit_11x17.pdf 3.71MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-00510
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Chris Tinklenberg
Agency/Consultant Company: Kimley-Horn and Associates
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
5/19/2020
5d1. Jurisdictional determination upload
G2_SAW-2020-00510.pdf 1.25MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction

3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type*
Type of
3gSwidth *
3h. Impact
❑
�[3f.
(?)
urisdiction*
length*
S1
Impact 1 - S4
P
Permanent
Fill
S4 - UT
Intermittent
Both
3
168
Average (feet)
(lirtearfeet)
S2
Impact 2 - S2
P
Permanent
Fill
S2 - L r
Intermittent
Both
3
123
Average (feet)
(lir�zarfeet)
S3
Impact 3
P
Tem orar
P Y
Other
S7 - Ur
Perennial
Both
6
41
Aver�e(feet)
(lir�rfeet)
H
Impact 4
Temporary
Other
S8 - Ur
Perennial
Both
44
Avenge(feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
291
31. Total stream and ditch impacts:
376
3j. Comments:
3i. Total temporary stream impacts:
85
Authorization is requested under NWP 18 for minor discharges associated with grading activities necessary to construct stormwater
management facilities to service the residential development. Stormwater management facilities are sized and positioned to minimize
impacts to the greatest extents practicable and present minimal adverse effects to medium -quality intermittent streams. The proposed
project will result in 14.33 cubic yards (CY) of fill below OMNM or 291 linear feet (LF) of permanent stream impacts.
The development also proposes to tie into the emsting public sanitary sewer system. The work includes the installation of a lateral 8-
inch PVC which transitions to a 12-inch PVC with a 24-inch steel casing at the two stream crossings. The installation will consist of
open -cut and backfill through Stream 7 and Stream 8. 41 LF of temporary impact to Stream 7 and 44 LF of temporary impact to Stream
8 is necessary to install a pumped diversion system in order to work in dry conditions while the open cut, pipe installation, and backfill
activities are conducted. The stream and all disturbed areas will be restored to pre -construction conditions following completion of the
activity.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable and present minimal adverse effects to moderate
and low -quality intermittent streams.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
There is approbmately 95' of elevation change from the southwest corner of the site to the northeast corner. As an affordable housing
development, an accessible pedestrian route must be provided from units to all site amenities. This limits the ability to compress the
spacing between site features (buildings, parking, amenities, etc.) and still transition grades through the site, provide stormwater control
measures, and completely avoid impacts to streams. Retaining walls have been provided to completely avoid impacts to streams and
wetlands in the northwestern portion of the property, and to minimize impacts to streams on the northeastern proportion of the property
to the extent practicable.
The temporary impacts associated with the construction of the sanitary sewer connection will be limited to two stream crossings. A
double row of silt fencing will be installed along stream banks within the construction corridor to avoid additional temporary stream
impacts and prevent incidental fallback.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes
r No
2c. If yes, mitigation is required by (check all that apply):
r DWR
W Corps
2d. If yes, which mitigation option(s) will be used for this project?
r' Mitigation bank W Payment to in -lieu fee r- Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet) 4c. If using stream mitigation, what is the stream temperature:
291 warm

4d. Buffer mitigation requested (DWR only):
(square feet)
4e. Riparian wetland mitigation requested:
(acres)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r' Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
(- Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes ( No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
W Phase II r NSW r USMP f Water Supply
Please identify which local government stormwater program you are using.
Kannapolis
Comments:
Two wet ponds will be provided on -site to provide peak attenuation for the 1-year and 10-year, 24-hr storm events and 85 % average annual TSS removal for the 1 st inch of runoff.
G. Supplementary Information n)
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The project is designed to construct 15
multi -family apartment buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure and a
clubhouse facility. No additional or cumulative impacts are anticipated due to the construction of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)

5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A review of the North Carolina Natural Heritage Program (NCNHP) database on September 30, 2020, did not
indicate known occurrences of threatened or endangered species within the project boundary. Additionally, pedestrian surveys
conducted by Kimley-Horn on September 24, 2020, did not identify any occurrences of protected species within the property
boundary. A concurrence request letter was submitted to the USFWS on September 30, 2020. A response by USFWS was
received on October 28, 2020 concurring with the biological conclusion of "may affect, not likely to adversely affect". A copy of
the NCNHP Report, USFWS Concurrence Request, and USFWS Response are attached.
Consultation Documentation Upload
07b_Pedcor_Kannapolis_T&E_USFWS Concurrence Request.pdf 7.07MB
07a_20-481_North Avenue Apartments Multifamily Residential Development_Cabarrus Co.pdf 348.75KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on January 30, 2020.
No documented architectural, historic, or archaeological sites of significance within the project boundary were identified. A request
letter was submitted to SHPO to determine the presence of archeological, cultural, or historic resources on December 16, 2020.
At the time of the report, a response has not been received. A copy of the request is attached.
7c. Historic or Prehistoric Information Upload
07a_NCSHPO_Pedcor North Avenue Apartments_Request.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FIRM Panel 3710562200K
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
00_20210209_Emerson Hills Apartment Homes _PCN_NWP 18.pdf
SAW-2020-00510 PCN for Emerson Hills Apartment homes.pdf
4.54MB
26.23MB
107.54KB
U

Signature v
R By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• 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 have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Chris Tinklenberg
Signature
[�iFW IIRII—A�
Date
2/11 /2021

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Kara Strickland
Pedcor Investments, LLC
770 Third Avenue, SW
Carmel, IN 46032
NORTH CAROLINA
Environmental Quality
December 17, 2020
Expiration of Acceptance: 6/17/2021
Project: Emerson Apartment Homes- Pedcor Investments County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Yadkin
03040105
Warm Stream
293.000
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: Chris Tinklenberg, agent
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
NORTH CAROLINAD_E
Department of Environ—tal quality
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

AGENT AUTHORIZATION FORM
Name: Pedcor Investments, LLC (Kara Strickland)
Address: 770 Third Avenue, S.W., Carmel, IN 46032
Phone: [phone]
Email kstrickland(a-),pedcor.net
Project Name/Description: Emerson Hills Apartment Homes
Date: January 4, 2021
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Bryan Roden -Reynolds
Re: Wetland Related Consulting and Permitting
Pedcor Investments, LLC hereby designates and authorizes Kimley-Horn and Associates, Inc.
to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional
Determinations, Section 404 permits/Section 401 Water Quality Certifications applications and
to furnish upon request supplemental information in support of applications, etc. from this day
forward until successful completion of the permitting process or revocation by the owner.
Authorized this the 6th day of January 2021
Kara L. Strickland
Authorized Representative
(Print Name)
Cc: Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Authorized fepresentative
(Signature)

N
fT
yr /. � I 1 ■ •• y
fit
`■l + ! ` ■ 1`l
,:.
V i 4 1 1 r
lot
t C�~�~ � 1 ter' � �� � • � . y_""
•�'r`� •` � — - .r: ' ��• fi ,ram- � •pCr 'may f%�{
■ Yew'+ d
41
Legend s'' �
Feet ;
Limits of Disturbance 0 1,000 2,000
{ ;NIP Y
Figure 2
USGS Topographic (Concord) Map
Kimloy >>> Horn Pedcor Investments
Emerson Hills Apartment Homes
Cabarrus County, NC

IIIIII\
xi///
\i
/i
�/
/V�ii T,/�i</ — _ _ �. �. ������ / / ,ICI
_E///�
\
/ /__ /,
\ /
J
.//e0 12, DI
//„ \1' y
\ / \ III /,// //, % N --
/�A ,
v y -
�\\
\/\ 1 \ 1 1 1 II Illl llllll///� / _/\\N\\\\\1\\\\SIT
_ 1 /� /
///� /%/ //i
Asa. , o/i/`` :� %—\\ �pl
-� �1
_�\J\IT
ILL, :.A,
/
A \
L \
r v v
UX
TT
I ! xclsss xc o✓/ / / /%////� \ —�\.� e—t/ - \ -- !�1 !
1 I / 111, . /�/ I �' / N I I 3D6 = f // I I �- cLDeHo I / • „,°� � '` %'' G:� , ��
C / 111U
n '2221 CB
c \
\ T1Gb
c
\
ILL
/ m
e AF re cnm _ 2a] I D 206JR
i
A,
\ TEMPORARY—
_ \ CONSTRUCTION
d
r
E EA MENT. TYP. \- S
\ —gII11
Ani-
REFER TO INTERSECTION IMPROVEMENT
PLANS PER ALL IMPROVE1-1—A1\\
\ - CONCORDLAKE MOUNTOLIVETROAD
\ INTERSECTION. \ \ + \ , / // i_ i\ I li 1 L 1 BUILBINGfi _ ;., � ✓ \ \ \\' `...'.\\
�M
e— /
� � //�/ / 11 YII ll,l I II /✓/i// /�iJ //
r/
/ f / 11 11 / 6 J \ / ✓2 \\?III I`/v/ n1 — i/ j// /�/� i
v vv A FOR 2
,
1
P A A V v \ \ A 1 1u BV / 6UILBING D ,-/11 )!• ��\VA IIII
p —GI\ \ \ \ \ 1 1 \\ B,---� / / _ s6aaDl < 1�3CN. \\\\ 1\II.parr/� /\ \
v A VIA
— vvvwddd �` vI �v /
1v \
>ojy`vv w �vvAv111////
Vvv �� v l f I \\
y vvv v vvv !
/ii � iJ � �\ / I ) 1 1 l 1/Illl
i ��°- III 1 1 �11';.1V1 II 1111,=>/ VA _ay. I vl AAAV AVv�„ /// v ,V / A 1A 1 7///
AA\. , , I � Vvv v\A w�,,��/, // h / // / / / / / I III///�//l�
v A A 1 111 I I "V I/ I l I I _
/�I� I / vv >�/✓� Gam' // // //N//%/I1�/
I ' / / / �'—_---
/
\ /�ii/i/ice— ''// //IIIIII11-
s /// // / — —
/�A / //'—
v _ % �/1(C-- — — //�IIIIIIIv / v
/mac �A\VA VA V IIII
I/_IIIIIIII/ _L1V� 1VA\/ii/ VI
I v ,„;.,,� v \ iii// / / l ( \AAA AA \
fa. v "'"R""" / / y 1 I I I I IIII -- _ 1 V A l r/ii�
-A— .„ _,
v �°"u�_—� / �� �, � T,�i�i ✓i ��_ -- / // � I I I I I III,/' VA\VA�VA� V�---
4/ �r�/'/'/ VAVA�'
\\\�\\\
I
c_
RTH NdE / ,� U- '"fie^r/// \ \ 1 I II 1\IIII 11 \\ \\
�"°_ //i/ �\ \ / I \\\ 1 111 \\\ / / \\I TIE ITT
\o—
// // //// h'— __— —�'\ r, \ \\ \ IIII I>'� \\ ---- { /'
/— \ \ 1 \ \ �-- _%—'i e..�. o.,///-----_ / i,��l�— \ \\ \ I \ \1 \y11 I �\\\\ \\ \ f / >1\\ 11
----------�
/ �„°s,e :.,rt,,..,,r, ✓/��//ip�m�// / i — /// — 3\\\1 I / \ 1111111111)1 %//i^\\\\1\\\'�-
-,
PROPOSELI GRADING AND DRAINAGE LEGEND
450—
PROPOSED MAJOR CONTOUR
44B
PROPOSED MINOR CONTOUR
100.00. .100,0)
PROPOSEDSPOT
PROOSED GRADING ARROW
PROPOSED SwALE
C ® ® ® 7
PROPOSEDSTORM
PROPOSED STORM SYMBOL
PROPOSED BUILDING SPOT
15 FT STORM DRAINAGE EASEMENT(SDE)
PROPOSED RIP RAP
ACCESSIBLE UNITS, SEE—O ARCH. PLANS
ACCESSIBLE ROUTE
GRADING AND DRAINAGE PLAN NOTES
1 SEE GENERAL NOTES SHEET FOR OVERALL PAVING GRADING AND DRAINAGE NOTES,
2 CONTRACTOR SIALL REVIEW LNDERS—C AND IMPLEMENT ALL REQUIRED
EROSION AND SFIRIENT-1—CONTROL MEASLIFE. PRIOR TO ANY DIETIA-A-E.
3LLFPDT ELEVATID- ALONG PAVEMENT REPRESENT FINISHED CRADE E—ATIDN
UNLESS OTHERWISE NOTED
4 ALL SPOT CLCVATIONS ALONG PROPOSED CURB REPRESENT BOTTOM OF CURB
ELLVA Hon UNLESS 01 HLHWISL NO I ED.
5 ALL PROPOSED STORM PIKE TO BE CLASS III RCP UNLESS OTFERNISE NOTED.
6 ALL STRUCTURES SHALL BE ADJUSTED AS NECESSARYTO BE FLJSH WITH FINAL
PAVFMFNTIN -S OTHFRWI-NOTFn
] ALL CONNEC IONS HE IWEED PROPOSED SI OHM 5 I P-1 LRES AND O RING PILL
SHALL HAVE WATERTIGHT CONNECTIONS
R. INLET PROTECTION - CONTRACTOR SHALL PROVIDE CATCH BASIN INLET PROTECTION
ON ILL EXISTING AND PROPOSED INLETS UNTIL CONTRIBUTING DRAINAGE AREAS
ARE STABILIZED.
9. CONTRACTOR SHALL PROVIDE SMOOTH TRANSITION BETWEEN PROPOSED
PAVEMENT AND EXISTING PAVEMENT AND STORM STRUCTURES
1 U.CON I RAC I CH SHALL COORDINA I L HAVING IMPROJEMEN IS I O AVOID I IRE
MARKS FROM CONSTRJC ION ACTIVITY FINAL PAVING SHALL BE AS SMOOTH AS
POSSIBLE AND FREE RON ANY PARKS. SCRAPED, U— I IRE MARKS, E I C.
CAUSED DURING CONSTRUCTION
111BURING CONSTRUCTION AND AFTER FINAL GRADING NO SURFACE WATER
RUNOFF — BE DIRECTED TO ADJACENT PROPERTIES, AND ALL SURFACE WATER
RUNOFF MU 5T BE ROUTED TO APPROVCD DRAIN— FACILITICS OR DE RAINED ON
SITE. ALL RUNOFF FROM TH- SITE, BOTH DURING AND AFTER CONSTRUCTION, MUST
BE FREE OF POLLUTANTS, INC LU DI NO SEDIMENT, PRIOR TO DISCH ARC E.
12.RIM ELEVATIONS OF CURB INLETS EGO ALS THE FLOW LINE OF THE CUTTER PAN.
RIM ELEVATIONS OF DROP INLETS, MANHOLES. AND CLEANO UTS EQUALS THE
CENTER OF GRATE OR LID ELEVATIO V.
ABBREVIATION
CB CATCH BASIN -NCDOT STANDARD
CS CONTROL STRUCTURE --OT STANDARD
DI DROP INLET NCOOT STAN DARD
FES FLARED END SECTION NCDOT STANDARD
HN/ STANDARD HEADI:VAILL -NCDOT STANDARD
MH MANHOLE NCDOTSTANDARD
TW TOP OF RETAINING WALL
aW BOTTOM OF RETAINING WALL
LP LOW POINT
HP HIGH POINT
ME MATCH EXISTING
TC TOP OF CURB
EDE STORM DRAIN EASEMENT
GRAPHIC SCALE IN FEET
0 40 BD 160
NORTH
e
Know what's below.
Call before you I
V
O
a
� O
&AWN
y O
3
Z
Na
1�
(Da
as
W
O
U) z
W
J
OJ_
2
2 0
Z
L 0
O
z LL U
U
wao
w Lu
W
a
LLJ
2
o
wQ
Q
a z
Q
Y
SHEET NUMBER
C4-1

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00510 County: Cabarrus U.S.G.S. Quad: NC- Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Pedcor Investments
Kara Strickland
Address:
770 Third Avenue, S.W.
Carmel, IN 46032
Telephone Number:
317-218-2683
E-mail:
kstrickland(&j)cdcor.net
Size (acres) 25 Nearest Town Kannapolis
Nearest Waterway Cold Water Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.457444
Longitude:-80.597664
Location description: The review area is located 1000 feet Northeast of the intersection of North Avenue and North Avenue
Extension in Cabarrus County. PIN(s): 56224500200000 & 56223570920000.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/15/2020. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2020-00510
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or
C atherine.M.Janiczaknn ,,u sace. armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 05/19/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: W. CFg
Date of JD: 05/19/2020 Expiration Date of JD: Not applicable

SAW-2020-00510
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Kimley Horn
Chris Tinklenberg
Address: 200 South Tryon Street, Suite 200
Charlotte, NC 28202
Telephone Number: 704-409-1802
E-mail: chris.tinklenbergOkimley-horn.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
For
REQUEST FOR APPEAL
Applicant: Pedcor Investments, Kara Strickland File Number: SAW-2020-00510
Date: 05/19/2020
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoiyProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Admilstrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

2 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 05/19/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pedcor Investments, Kara Strickland, 770 Third
Avenue, S.W.,Carmel, IN 46032
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, North Avenue Multifamily Project
PJD, SAW-2020-00510
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 1000 feet
Northeast of the intersection of North Avenue and North Avenue Extension in Cabarrus County. PIN(s):
56224500200000 & 56223570920000.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cabarrus City: Kannapolis
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.457444 Longitude:-80.597664
Universal Transverse Mercator:
Name of nearest waterbody: Cold Water Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 05/14/2020
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
aquatic resources in
which the aquatic resource
Latitude (decimal
Longitude (decimal
resources (i.e.,
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
wetland vs. non
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Stream 1
35.45845
-80.598852
228 linear feet
Non -wetland
Sec. 404
Stream 2
35.457564
-80.595439
471 linear feet
Non -wetland
Sec. 404
Stream 3
35.457315
-80.595503
68 linear feet
Non -wetland
Sec. 404
Stream 4
35.457407
-80.596245
175 linear feet
Non -wetland
Sec. 404
Stream 5
35.458608
-80.599267
195 linear feet
Non -wetland
Sec. 404
Stream 6
35.458346
-80.599402
58 linear feet
Non -wetland
Sec. 404
Wetland 1
35.458175
-80.598676
0.18 acres
Wetland
Sec. 404
Wetland 2
35.458552
-80.599165
0.12 acres
Wetland
Sec. 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 orjudicial 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 should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 4 (Dated 05/15/2020)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K- Concord
® Natural Resources Conservation Service Soil Survey. Citation: Cabarrus Co. SSURGO Soils
® National wetlands inventory map(s). Cite name: NWI digital data
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 4 (Dated 05/15/2020)
or ®Other (Name & Date): Site Photographs (02/04/2020)
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later Jurisdictional determinations.
Signature and date of lator}
staff member completing PJD
05/19/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes 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.

Kimley»>Horn
September 30, 2020
Asheville Field Office
U.S. Fish and Wildlife Service
160 ZiIIicoa Street
Asheville, North Carolina 28801
Re: Pedcor Investments, LLC — North Avenue Multifamily Project
Cabarrus County, North Carolina
Project Review Certification Letter
Dear USFWS Asheville Field Office,
On behalf of our client, Pedcor Investments, LLC, Kimley-Horn (KH) is submitting this letter requesting
concurrence regarding the results of the pedestrian survey performed for the above -referenced
project in accordance with the methodologies recommended by USFWS. The pedestrian surveys were
conducted by KH staff, Chris Tinklenberg and Taylor Kiker, on September 20, 2020.
Background Information
The project area is situated between Concord Lake Road and Interstate 85 in Kannapolis, Cabarrus
County, NC. The property is bound by residential development to the west, Concord Lake STEAM
Academy to the north, Kannapolis Church of Christ and Sonny's Camp N Travel to the south, and an I-
85 Cabarrus County Rest Area along Interstate 85 to the east.
The site is comprised of two residential developments, horse pastures, and undeveloped forest land.
The forested areas have mature trees of Tulip Polar (Liriodendron tulipifera), Sweetgum (Liquidambar
styraciflua), Cottonwood (Populus deltoides), Sycamore (Platanus occidentalis), and Eastern Redcedar
(Juniperus virginiana). The maintained pastures on -site are vegetated with common weedy natives
and non -natives including Dog Fennel (Eupatorium capillifolium), Goldenrod (Solidago sp.),
Pennsylvania smartweed (Polygonum pensylvanicum), Curly dock (Rumex crispus), and Sawtooth
Blackberry (Rubus argustus).
Pedcor Investments intends to construct/develop a project on the subject property which may require
future authorization from the US Army Corps of Engineers (USACE); therefore, Pedcor Investments
contracted with KH to perform the pedestrian survey within areas of potentially suitable habitat on
the subject property to identify and document occurrences of federally listed threatened and/or
endangered species.

Kimley»>Horn
Methodology and Findings
Page 2
As of July 30, 2020, the United States Fish and Wildlife Service (USFWS) lists three (3) federally
protected species for Cabarrus County (Table 1). A brief description of each species' habitat
requirements follows, along with the Biological Conclusion rendered based on survey results in the
study area.
Table 1: Federally arotected listed soecies for Gaston Countv
Scientific Name
Common Name
Federal Status
Habitat Present
Biological Conclusion
Myotis
Northern Long-
May affect, not likely
septentrionalis
eared Bat
T
Yes
to adversely affect
Lasmigona
Carolina
E
No
No effect
decorate
Heelsplitter
Helianthus
Schweinitz's
E
Yes
No effect
schweinitzii
Sunflower
*E = Endangered, T = Threatened
Northern Long-eared Bat
USFWS Recommended Survey Window: June 1—August 15
Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains,
with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB
spend winter hibernating in caves and mines. Since this species is not known to be a long-
distance migrant, and caves and subterranean mines are extremely rare in eastern North
Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During
the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of
both live and dead trees (typically >_3 inches dbh). Males and non -reproductive females may
also roost in cooler places, like caves and mines. This bat has also been found, rarely, roosting
in structures like barns and sheds, under eaves of buildings, behind window shutters, in
bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally
over forest clearings, over water, and along tree -lined corridors. Mature forests may be an
important habitat type for foraging.
Biological Conclusion: May affect, not likely to adversely affect
Potentially suitable summer roosting habitat for the NLEB may be present within forested
areas in the project area. The Final 4(d) rule (effective as of February 16, 2016), exempts
incidental take of NLEB 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
tree during the pup season (June 1 — July 31). Kimley-Horn conducted a review of the most
current maps of confirmed/known hibernacula and maternity sites for the NLEB at
http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html. The action area
for this project is located outside of the highlighted areas/red 12-digit HUCs. There will be no
blasting, pile driving, or other percussive activities associated with the construction of the

Kimley»>Horn
Page 3
project; however, tree-cutting/removal will occur. Based on the review, the proposed
activities in the action area occur at a location where any incidental take that may result from
the associated activities is exempt under the Final 4(d) rule; therefore, the biological
conclusion of "may affect, not likely to adversely affect" has been rendered for NLEB for this
project.
Carolina Heelsplitter
USFWS Recommended Survey Window: year round
Habitat Description: The Carolina heelsplitter was historically known from several locations within
the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah
River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the
species is now known only from a handful of streams in the Pee Dee and Catawba River
systems. The species exists in very low abundances, usually within 6 feet of shorelines,
throughout its known range. The general habitat requirements for the Carolina heelsplitter
are shaded areas in large rivers to small streams, often burrowed into clay banks between
the root systems of trees, or in runs along steep banks with moderate current. The more
recent habitat where the Carolina heelsplitter has been found is in sections of streams
containing bedrock with perpendicular crevices filled with sand and gravel, and with wide
riparian buffers.
Biological Conclusion: No Effect
Known populations for the Carolina heelsplitter in Cabarrus County occur only in the Goose
Creek and Duck Creek Watersheds within the Yadkin Pee -Dee River Basin and the Sixmile
Creek Watershed within the Lower Catawba River Basin. This project is within the Cold Water
Creek Watershed within the Yadkin Pee -Dee River Basin; there are no known populations of
the Carolina heelsplitter within this watershed. The on -site streams are degraded with poor
supporting habitat conditions for mussels in general. No mussels, of any species, were
observed during the habitat assessment. Therefore, no suitable habitat for Carolina
heelsplitter is present within the study area. Additionally, according to the NCNHP data
report, there are no known occurrences of the Carolina heelsplitter within a one -mile radius
of the project limits.
Schweinitz's Sunflower
USFWS optimal survey window: late August -October
Habitat Description: Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina.
The few sites where this rhizomatous perennial herb occurs in relatively natural vegetation
are found in Xeric Hardpan Forests. The species is also found along roadside rights -of -way,
maintained power lines and other utility rights -of -way, edges of thickets and old pastures,
clearings and edges of upland oak -pine -hickory woods and Piedmont longleaf pine forests,
and other sunny or semi -sunny habitats where disturbances (e.g., mowing, clearing, grazing,

Kimley»>Horn
Page 4
blowdowns, storms, frequent fire) help create open or partially open areas for sunlight. It is
intolerant of full shade and excessive competition from other vegetation.
Biological Conclusion: No effect
Potentially suitable habitat for Schweinitz's sunflower is present on the subject property
within the open pasture land that receives abundant sunshine and has minimal competition
in the herbaceous layer. A review of the NCNHP records, updated July 20, 2020, indicates no
known occurrences within 1.0 mile of the subject property. Pedestrian surveys were
conducted by Kimley-Horn biologists throughout areas of potentially suitable habitat on
September 24, 2020. No individuals of Schweinitz's sunflower were observed. Due to a lack
of recorded occurrences and the absence of observed individuals on the subject property, the
proposed project will have no effect on this species.
Bald Eagle and Golden Eagle Protection Act
USFWS optimal survey window: November through March
Habitat Description: Habitat for the bald eagle primarily consists of mature forest in proximity to large
bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically
within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as
the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed
on September 1, 2020, using 2019 color aerials. Bodies of water large enough or sufficiently
open to be considered a potential feeding source were not identified. A review of the NCNHP
database, updated on July 21, 2020, revealed no known occurrences within 1.0 mile of the
study area. Due to the lack of known occurrences, and the lack of observed individuals or
nests, it has been determined that the proposed project will not affect this species.
Biological Conclusion: No Effect

Kimley»>Horn
Page 5
Statement of Qualifications:
Investigator: Chris Tinklenberg, PWS
Education: B.A. Geography, 2007; Certificate in Geographic Information Systems, 2007
Experience: Environmental Scientist, Kimley-Horn and Associates, Inc., 2007-Present;
Identified and confirmed Schweinitz's sunflower community, York County,
SC, October 2016;
Performed numerous (40+) protected species habitat assessments and/or
surveys for protected species on various public and private projects.
Responsibilities: Natural communities assessments, threatened and endangered species
habitat assessments and surveys, wetland and stream delineations, GPS, GIS,
stream and wetland functional assessments, tree surveys
Investigator: Taylor Kiker
Education: B.S. Environmental Technology and Management, 2015; M.S. Earth Sciences
— Hydrology, 2018
Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2018-Present
Responsibilities: Natural communities assessments, wetland and stream delineations, GPS,
GIS, document preparation
Please provide concurrence regarding the survey results and biological conclusions as well as any
other possible issues that might emerge with respect to protected species as a result of the proposed
project. Thank you in advance for your timely response and cooperation. Please email
([e-mail]) a copy of your reply to my attention and/or send an original
copy by mail. Please feel free to contact me at [phone] if you have any questions or if
additional information is necessary.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Chris Tinklenberg, PWS
Environmental Scientist
Attachments

9/22/2020 IPaC: Explore Location
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.
Location !�6
Cabarrus County, North Carolina lop
.0
Local office
Asheville Ecological Services Field Office
t. [phone]
18 [phone]
160 Zillicoa Street
Asheville, NC 28801-1082
http://www.fws.gov/nc-es/es/countyfr.html
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 1 /9

9/22/2020 IPaC: Explore Location
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.
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. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. 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.
1. 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
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 2/9

IPaC: Explore Location
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
https.//ecos.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.
https://ecos.fws.gov/ecp/species/3534
Flowering Plants
NAME
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849
STATUS
Endangered
Critical habitats 44WXC0\W'
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves. - e
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
<eu
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
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/
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 3/9

IPaC: Explore Location
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.
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. r
NAME BRE-rbING SEASON (IFA
.......................................................................
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
0 BIRD MAY BREED IN YOUR
PROJECT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
C) ..........................................................................................
I? WHICH IS A VERY LIBERAL
..................................................................................
ESTIMATE OF THE DATES INSIDE
WHICH THE BIRD BREEDS
0 . ... ..............................................................................
ACROSS ITS ENTIRE. RANGE.
"BREEDS ELSEWHERE" INDICATES
THAT THE BIRD DOES NOT LIKELY
BREED IN YOUR PROJECT AREA.)
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
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
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 Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 4/9

IPaC: Explore Location
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Probability of Presence Summary
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 statistical
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 ( )
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.
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 5/9

IPaC: Explore Location
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
..................................................
(This is not a Bird of
....onser.............v....ati.t"i'o..n ..................
C
Concern (BCC) in this
..................................
area, but warrants
............................................
attention because of
the ..Eagle Act or for
.............................................
potential
......................
susceptibilities in
....ffsho........ o..........................
ore areas from
.................................................
certain types of
......................................
development or
.............
..........................
activities.)
Red-headed
Woodpecker
BCC Rangewide
(CON) (This is a Bird
................................................
of Conservation
.......................................
Concern (BCC)
.......................
throughout its range
.....................................
.i.n.the
.....continental
...................................
USA a.nd Alaska.)
........................................
probability of presence breeding season . survey effort — no data
]AN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Rusty Blackbird -4- +--- --'—
BCC Rangewide
(CON) (This is a Bird
+ -+ +JII I I I I I I I I III N__-_-
+- �- --- --- - - - - - - - - A- -I--
................................................
of Conservation
......................................
Concern (BCC)
throughout its range
..........
........................................
in the.continental
.........................................
USA and0
Alaska.)
Wood Thrush All 111111111111 - - - - - - - - -.. _ ... , .
BCC Rangewide
(CON) 4This is a Bird
...........................................
of Conservation
oncern (BCC)
..................................
_t.h...r..oug.hotb6its range
int.h.................:.............
.AC.o..t.ne.n.t.a.. .. USA and Alaska.)
.........................................
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?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species
that may warrant special attention in your project location.
https://ecos.fws.gov/ipac/locationNFWAUNNY0VC57NJ2T6LLIYRPAI/resources 6/9

IPaC: Explore 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
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.
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 7/9

IPaC: Explore Location
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 ! �J ^1(Z
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 Inventory
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 8/9

IPaC: Explore Location
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.
THERE ARE NO KNOWN WETLANDS AT THIS LOCATION.
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
C�3v
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 I(J
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 proprietaryjurisdiction 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.
https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 9/9

■ ■■■ 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-12955
September 30, 2020
Taylor Kiker
Kimley-Horn
200 South Tryon Street
Charlotte, NC 28202
RE. Pedcor Kannapolis
Dear Taylor Kiker.
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
Pedcor Kannapolis
September 30, 2020
NCNHDE-12955
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group servation Occurrence Status tatus Rank Rank
i Date Rank
Vascular Plant 21130 Acmispon helleri Carolina Birdfoot- 1998-06-10 X? 2-High --- Special G5T3 S3
trefoil Concern
Vulnerable
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on September 30, 2020; source: NCNHP, Q3 July 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-12955: Pedcor Kannapolis
Etldleman Rd
y na GI y opa7N
CaS^ f.! Rio jo
~
tiumr�'.r
St Rhode Island SI Ho a,d St
�l
O/%q oow\
.Axle Dr 81
1 c
Marigoad [:\
_
__-. my
\\9
Nned �p
3 w
N
sou jeJ
cly�s'h Ro �� y`n
l2\\Y Dr �cl
O
od 9"
7791f
a'�Crett
C G°
Nt�
4
�.. �
736 It
l
r?�
J-H'W
a
� aw�
n
o ,enr'euee St
F'Aet In
\`4.peo
(i
4
\l7
.a Texar: sl
,� v r Normrp Cv
!� 3
�6
Oy 3r
tlt�2�c\St 01 01
hlichi9an Si
2 ShoPPmB
u>Z
,nWand CI PS�F
1
1
0
Y"'hcky
P\
�'hestet W O`
1
Royal Oaks
Vu9'n� 6t
_ . Normuta -
--- �`
Gmenvto
0
l
a51
rum
'. OF
scen�9'
r
"
orhOt
9 \y2Y
d
61
P
1 Hahn sl
� n51 2y y
-
NE
06p\
°`r'`'.
elk
vC
l �
Cam
�` `s •� 01
I.na
a , i °N 2� ti
9 5l
Ht9 fD A
kWmo—I P
1 n Perk
Q r esJ O
.�
z l
_
ae a�'
nldud9e Farm R
l
3 r�Wa
1 Cooks
Crossing
n
9
o
3
C N
�+erkal Pkwl' -
Copperfietl
Ccnlre
6011
w
o
tp\
N
_
n
E
-
Rr�—�iE
0radk�
Qarkv.acd pr NW
%
September 30, 2020
Project Boundary
Buffered Project Boundary
1:22,568
0 0.175 0.35 0.7 mi
0 0.3 0.6 1.2 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

dpa° Nei\ a7 oQ
G
o � N
)el J 5r det�`e Pcadia0 Q a` i
Enochville a
;t v OP—'n Dare a\ena \o�c o c
' Ems' G Sa�oa
t YJ a a
sland St m Ho sta 4tery 9 (�, y'm
Iland o. �p
Kannapolis W°acd
vA\aR �yS� r`By D o. a aycteE\ n
tes d m o y F` P V
NIpO a r. 016 oh d
7 7 ✓✓ r O u, O �� d \ekR
ee
3 0CrestO �Co d
p�a oun
o - . 0 5\ Mu1hsP a
t D S t dr+
ON e �� -
Q p A h w - --- -
It"� h St o a a'
ton University Dr Role St NE
_- __ =_,7��i)
Norlhlilr �
Oc J
M lchigan Sl 51e PPing S� Z
lconcord C- -
rRd Kentucky St rage
Qi q0
o hNY� r NormiiF
5 10
Mlle$ omaSt
3 Grove St
'le .2
her eft y O
y m s P\a St o dau m a \NE SRd
e` n dQ l g Hah a' o Nu'\\' eo
ID, r t
o O°of N Uletler 9t ,yQ- i ,a`I hoP�`� n jakGaaY Ct �`a FolesrC�
IS
p m 1p
e ask Caml
h\ao St t:ki.nrai P �'� tv Fa ? m
N`g �ayy Park Qa
m n n Ct NE a , Aldridge Farm Rd
a`
a0 4�ea\p\t DoncaS\\e'
� o c
Cooks O Go4
Crossing
E
'et ' i Crokerleat pkWYN CoPR'dialJ
C czmr
A� � QvNE
f �lNo
'
.. grew Pe°h O o NE of
Wu� o \dmo
�i"5portor loa qn E Go _ .. NW oaF o
B
Go V rrr/p 9t adl Y �d
Legend Parkwood01N\N �ol- - Or^'F
rye F
do ?� � coy,. I,—rlru Woodbr ni br.,.= Feet
Q Project Boundary w dG\NW nk°r� G wN\dNa O �, P 0 2,000 4,000
Walnut St 31 \. ..Ot N� .Patµ Dra ,NF' Zm m 9o.N�illiam
Kimley>>> Horn
Figure 1
Vicinity Map
Pedcor Investments
North Avenue Apartments Site
Cabarrus County, NC

lilt
to \`• •�' - �% ,� _:,, � L'r% ',^10
00
....�
Skit re
3 S nOP 1
COS
Legend Feet
Project \� 1. ~
• � Pro� Boundary � � � �� 0 1,000 2,000
Figure 2
USGS Topo (Concord) Map
Kimley>>> Horn Pedcor Investments
North Avenue Apartments Site
Cabarrus County, NC

4r \ 1 • � M
�b R ° 1►' �'' Y4s a`1\i ii, i �'r A,l 1 y'�A i - i ;,, '' Y � '' rpip•
4• -�.MtlLw
w {•` :.,+w ri.
C
i
A
Legend
At
Project Boundary
Potential T/E Habitat
Schweinitz's Sunflower,
r 4
Photo Locations �- r �� �.. � - 0 250 500
Figure 3
Potential Species Habitat:
Kimley>>> Horn Schweinitz's Sunflower
Pedcor Investments
North Avenue Apartments Site
Cabarrus County, NC

l 1t" lV 10.yG 1
Photo 1 — Open pasture land
Photo 2 — Open pasture land and cleared area for access vehicles
Photo Pages
Pedcor Investments, LLC — Prepared By
Project North Avenue Multifamily Project
Cabamxs County, North Carolina
Date Project Number Kimlep Horn
9/29/2020 017046010

rnoto rage z.
3
s ar _.: yFT ;� .> f X'�&� � V�A#,� r�r-•yi E+ 4 �.' .' r,.Mo 'L' .,� { � �Y { �" � nk `''P ' �
Photo 3 — Open pasture land and forested area
f 1 5 V - y$
�, � I � �.� �x ,Yf'S ._„ix � 'c
f ��
� �"�
y-E 'y ��'�" Id'�..c 4 i 3�-�,✓3.'f yY 4t'"�
,tea �� Sal G•:
�'ct yt �'�� $
y"'t'1
W
gk.
y5
Photo 4 — Open pasture land and forested area
Photo Pages
Pedcor Investments, LLC —
Prepared By
Project
North Avenue Multifamily Project
Cabamxs County, North Carolina
Kimley>» Horn
Date
Project Number
9/29/2020
017046010

United States Department of the Interior SEI
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801 Fl
October 28, 2020
Taylor Kiker
Kimley-Horn
200 South Tryon Street, Suite 200
Charlotte, North Carolina 28202
Dear Taylor Kiker:
Subject: North Avenue Apartments Multifamily Residential Development; Cabarrus County,
North Carolina
Log No. 4-2-20-481
The U.S. Fish and Wildlife Service (Service) has reviewed your correspondence dated
September 30, 2020, wherein you request our comments regarding potential project -mediated
impacts to federally protected species. The Service submits 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 you anticipate that the proposed project will require
authorization from the U.S. Army Corps of Engineers for impacts to jurisdictional streams
associated with the construction of a residential development in Kannapolis, North Carolina.
Project plans, a description of proposed impacts to jurisdictional features, and a description of
impact avoidance measures have not been provided at this time.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
vicinity for the federally threatened northern long-eared bat (Myotis septentrionalis). However,
the final4(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 the
Applicant to avoid any associated tree clearing activities during the maternity roosting
season from May 15 — August 15.

Based on the information provided, suitable habitat for the federally endangered Schweinitz's
sunflower (Helianthus schweinitzii) occurs within the action areal of the proposed project.
However, targeted botanical surveys conducted during optimal survey windows did not detect
evidence for that species at that time.
Due to the presence of suitable habitat, but lack of onsite evidence for these species, we believe
the probability for project -mediated loss of these plants is insignificant and discountable.
Therefore, we would concur with a "may affect, not likely to adversely affect" determination
from applicable federal action agencies.
Based on the information provided we believe that suitable habitat is not present onsite for any
other federally protected species and we require no further action at this time. Please be aware
that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
We offer the following general recommendations for the Applicant's consideration:
Erosion and Sediment Control
Grading and backfilling should be minimized, and existing native vegetation should be retained
(if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be
revegetated with native vegetation and/or organic material 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. If erosion control matting is required, only natural fiber matting (coir) should
be used as synthetic netting can trap animals and persists in the environment beyond its
intended purpose.
Low Impact Development
The Service is concerned about the potential stormwater-mediated impacts to streams and/or
wetlands that may occur 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.
' Pursuant to 50 CFR §402.02, the Action Area includes all areas to be affected directly or indirectly by the Federal
action and not merely the immediate area involved in the action. Moreover, the Effects of the Action are all
consequences to listed species or critical habitat that are caused by the proposed action, including the consequences
of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it
would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur
later in time and may include consequences occurring outside the immediate area involved in the action (see also 50
CFR §402.17)

Pollinator Habitat
Pollinators, such as most bees, some birds and bats, or other insects, including moths and
butterflies, play a crucial role in the reproduction of flowering plants and in the production of
most fruits and vegetables. Declines in wild pollinators are a result of loss, degradation, and
fragmentation of habitat and disease; while declines in honey bees has also been linked to
disease. The rusty -patched bumble bee (Bombus afnis) historically occurred in North Carolina's
Mountain and Piedmont provinces. Although not required, we encourage the Applicant to
consider our recommendations below to benefit the rusty -patched bumble bee and other
pollinators. Moreover, the creation and maintenance of pollinator habitats at this site may
increase the value of the project for the community and help reduce the spread of invasive
exotic plants. Please consider the following:
1. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants
that bloom throughout the entire growing season.
2. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer
months. Taller plants, left un-mowed during the summer, would provide benefits to
pollinators, habitat to ground nesting/feeding birds, and cover for small mammals.
3. Low growing/groundcover native species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the
amount of maintenance such as mowing and herbicide treatment. Milk weed species
are an important host plant for monarch butterflies.
4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only
50% of the plant height, but no lower than 8 inches.
5. Avoid mowing outside the active season for rusty -patched bumble bee and other
pollinators (April 15 — October 15).
6. Leave slash piles, mulch piles, or loose dirt piles along woodland edges. These areas
provide nesting habitats and/or nest materials for some pollinators.
7. Avoid the use of pesticides and specifically neonicotinoids.
8. Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-20-481.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor

Kimley»>Horn
December 16, 2020
Ms. Renee Gledhill -Earley
Environmental Review Coordinator
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Re: North Avenue Apartments
Kannapolis, Cabarrus County, North Carolina
Dear Ms. Gledhill -Earley,
Kimley-Horn is writing this letter on behalf of our client, Pedcor Investments, to request a review and comment on
any possible issues that might emerge with respect to cultural resource issues associated with the proposed
project in Kannapolis, North Carolina.
The proposed project site is situated along North Avenue Extension between Concord Lake Road and Interstate
85 (Figures 1-3). The proposed project seeks to construct multi -family residences.
We request that you review the site based on the attached information to determine the presence of any
archeological, cultural, or historic resources. If a response has not been received within 30 days we will assume
that you have reviewed the project area and that there are no issues to address at the present time.
Thank you in advance for your timely response and cooperation. Please email ([e-mail])
a copy of your reply and/or send an original copy by mail. If you have any questions regarding this request, please
feel free to contact me at [phone].
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Taylor Kiker
Environmental Scientist

-.4e Rd
Sunset
Or
Q
O �%i Frsj U chip°fa St
Sr
'P
w p y y
/
Z
EN
�+e.
E�
O
D
dethpa9e Rd
A cao;�
m
O'/d/ro Sr n
e
��{,
➢ O
f s°/
ci � Q
T Surnm�rR
w
A
5
o
Vd °�Kel
D
die
�c9
oe St_
Uco °o
Q
v
v Edtlleman
Rd
D%
o
?
Oia Fa
4
�
H
g
p%
D
V
!�
m
N
-
SANE
a
N
- -
R°x1e
N-M.
n
Shn ppmg
Center
C
i
u
�01tveRd
r °d PI Nr
A �a
a
4411ran11ey Rd
Rd
"l Q Su\�a Rd
G°F
r
NO
o
n
y
9 x
4
4
f i vkyi GdE
c erleal - FFnlfel] PI NE _
3
F
Rd°d Q� 3��_�
� pr NE aY Rd NE Pb°A
® dt� e wi/4
br° CI NE
Uc
_ v *
� 3
a p G
a al.' r
6 rtla°n Hwy h
°erne N '
F cb
hryo°
aO"w SNE 2
cp _
s s 0
Legend
Kimley>>> Horn rq Project Boundary
Cabarrus
pax Trams
C�
q
7
A
0
Qa
°4J
o
5c\y m
pia
ol
Feet °
4,000 8,000
Figure 1
Vicinity
Pedcor Investments
North Avenue Apartments Site
Cabarrus County, NC

IT
7 •
�• ✓ ��- • ••• •• 'V'
� _! , F � 1;� •�. �- ,14 ice, j ti �
�. -.
raw
• j Pen1`1 t
"tea'• ..' ti ��. ,'�'�' j -_ -
' �r • t < Ol
1�
Legend
Feet
r Project Boundary '�-- 0 1,000 2,000
Figure 2
USGS Topo (Concord)
Kimley>>> Horn Pedcor Investments
North Avenue Apartments Site
Cabarrus County, NC

*Black text: Krystynka B. Stygar
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Charlotte Field Office
Red text: Chris Tinklenberg, PWS
Kimley-Horn and Associates
Mr. Tinklenberg,
On January 12, 2020, we received the Pre -Construction Notification you submitted on behalf of Pedcor
Investments on a property located in Cabarrus County, North Carolina. I have completed my initial
review of the report and I have determined that it is incomplete. The following information is necessary
before I will issue a determination:
For the impacts associated with this permit, there is two listed temporary Impact 3: Stream 7 (6
W x 41 LF L) and Impact 4: Stream 8 (44 W x 44L) [ two concerns, 1a) in the JD there is no Stream
7 or 8 1b) how is a stream 8 going to have 44 LFW x 44 LF L ??? (fora stream..)
The sanitary sewer connection requires a temporary construction easement which was not part
of the original preliminary jurisdictional determination request area and wasn't identified until
late in the design process. The same is true for the driveway connection to Concord Lake Road.
Aquatic resources have been identified within these areas but a request for verification was not
submitted since indicators of OHWM are strongly prevalent within both streams and indicators
suggest perennial flow regimes. No features are present within the driveway connector area.
The width of Stream 8 in the PCN was an oversight. Stream 8 is 6-foot wide. The temporary
impact length is correct (44 LF). Please find the attached revised Section 3f. on PCN page 4.
b. On you maps, figure 4, does not show Stream 7 Or Stream 8
Please find the attached complete revised Figure set for your reference.
c. On your maps, figure 5, and the project outline does show Stream 7 and Stream 8, with what
appears to be additional acreage? (is this a temporary easement? Is it owned by Pedcor
Investments?) Was Stream 7 & 8 verified by USACE? What is the appropriate acreage for this
site 25 acres? (or more with the additional stream features?) Please make your maps match.
There also appears to be additional acreage toward concord lake road, ???for limits of
disturbance.
Please see the responses above. Additionally, the driveway connection into the site consists of
an existing 40' right-of-way which is owned by the City of Kannapolis. The applicant purchased
an additional 20' right-of-way from the seller and will dedicate the additional r/w to the City
resulting in 60' of r/w.
The original PJD parcel boundary was 25-acres. The currently Project Boundary (Limits of
Disturbance) is 24.3-acres.
d. This road (limits of disturbance that is shown as attaching to lake Concord road, granted
permission by the other landowner? Easement rights? (Overall Grading plan)

Please see the response above.
e. Figure 3, also shows an additional cul-de-sac with your project boundary differing from the
"overall grading plan" and then subsequentially the Figure 4, and Figure 5.... Which is correct?
Please find the attached complete revised Figure set. The Figure 3 you are referencing is part of
the supplemental information provided in support of the PCN. The figures included in the
Agency Correspondence section of the PCN Package were part of the early due -diligence studies
and reflect the original GIS parcel boundary which excluded the public ROW/cul-de-sac.
f. For mitigation, I saw the 1.75:1 for the stream 2 & 4, on the acceptance letter instead of 2911
saw 293?
Which one is correct? 510 LF total? Or is there a different number that should be reflected here?
An earlier design sought to impact an additional 2 feet of Stream 4. Our credit request to
NCDMS incorporated the additional footage. As we approached the final design, we reduced
the impact by 2 feet by pulling in fill slopes. There is a discrepancy between the NCDMS In -Lieu
Fee Request Form which only requests the linear footage of stream impact versus the PCN
which asks for "stream mitigation requested". To be consistent, we include the impact length,
not the mitigation request, in both locations, propose a mitigation ratio to the Corps and rely on
the Corps to confirm or modify the mitigation proposal as necessary, and then convey the
required mitigation in the NWP authorization. If you prefer for us to flip that approach to
provide better clarity for you, we can insert the total stream mitigation requested instead of the
impact length.
For this project, the stream mitigation proposes 291 If @ 1.75:1, resulting in 510 required
stream credits from NCDMS.
g. Do you have a copy of the signed PJD? With the discrepancies I would like to confirm the WOUS
on -site or project area.
The PJD request, as well as the signed PJD, are attached for your reference.
Out of curiosity, why a NWP 18 instead of a residential development permit of NWP 29 or 39?
Regional Condition 4.1.1 for NWP 29 does not authorize impacts to streams for stormwater
management facilities. Steep topography sloping from west to east dictates the required locations of the
stormwater facilities. The building pads and all other on -site infrastructure supporting the residential
development avoid impacts to waters; therefore, authorization under NWP18 is necessary to satisfy the
stormwater management requirements -only and achieve the purpose and feasibility of the project.
I will place the project on administrative hold until these answers are cleared up, 30 days from now this
project will be administratively canceled if there is no response from Kimley-Horn.
Regards,
Krysta

ID#* 20210074 Version* 1
Regional Office * Mooresville Regional Office - [phone]
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 1/11/2021
..........................................................................................................................................................................................................................
Contact Name* Chris Tinklenberg
Contact Email Address* [e-mail]
Project Name* Emerson Hills Apartment Homes
Project Owner* Pedcor Investments, LLC
Project County* Cabarrus
Owner Address: Street Address
770 Third Ave, S.W.
Address Line 2
aty State / Province / Pegion
Carmel IN
Postal / Zip axle Country
46032 USA
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
* Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes C No
Please list all existing project ID's associated with this projects.*
SAW-2020-00510
Do you know the name of the staff member you would like to request a meeting with?
Bryan Roden -Reynolds
Please give a brief project description below.*

Emerson Hills Apartment Homes is a proposed 25-acre multi -family
residential development located in
Kannapolis, Cabarrus County, NC. The center of the project area is
located at 35.457444°N,-80.597664°W.
The purpose of this project is to construct a multi -family affordable
housing development for workforce
housing for households earning between 60 and 80 percent of the
area median income (AMI).
Please give a couple of dates you are available for a meeting.
1 /19/2021
1 /20/2021
1 /21 /2021
Please attach the documentation you would like to have the meeting about.
Fig5_Pedcor Kannapolis_Proposed_Conditio... 2.19MB
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 1/11/2021