20120650 Ver 1_401 Application_20120712

M-04, _ 1
S &ME Inc
9751 Southern Pine Blvd
Charlotte NC 28273
(704) 523 -4726
[phone] fax
201 20650
North Carolina Division of Water Quality
Central Office
1650 Mail Service Center
Raleigh North Carolina 27699 1650
Attention Ms Karen Higgins
WE ARE SENDING YOU ® Attached
❑ Shop drawings ❑ Prints
❑ Copy of letter ❑ Report
DATE 06 29 2012
JOB NO 1357 12 006
ATTENTION Ms Karen Higgins
RE Old Concord Road and W T Harris Blvd Property
Work conducted in accordance with S &ME Proposal No
1357 24324 11 R
FU)
'I (" t )�' M ❑ Under separate cover via the following items
It
❑ Plans ❑ Draft ❑ Specifications
COPIES
DATE
NO
DESCRIPTION
5
06 29 2012
1
NWP 29 Authorization and Updated Preliminary Jurisdictional Determination
a9 (�61
1
0 C-0 v r
M
THESE ARE TRANSMITTED AS CHECKED BELOW
❑ For approval ® For your record
❑ As requested ❑ For review and comment ❑
❑
FORBIDS DUE —/—/— ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS Ms Higgins Please find attached letter Please do not hesitate to call Jason Isbanloly or Darren Peme at
704 523 4726 with questions Thank you —
SIGN
JUL - 2 2D12
S &ME INC / 9751 Southern Pine Boulevard / Charlotte NC 28273 5560 / p 704 523 4726 IF 704 525 3953 / www smeinc corn

June 29 2012
U S Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville North Carolina 28801 5006
Attention Mr Steve Kichefski
North Carolina Division of Water Quality
401 Permuting Unit
1650 Mail Service Center
Raleigh North Carolina 27699 1650
Attention Ms Karen Higgins
Reference NWP 29 Authorization and Updated Preliminary Jurisdictional
Determination
Old Concord Road and W T Harris Blvd Property
Charlotte North Carolina
S &ME Project No 1357 12 006
USACE Action I D No 200530913 expired
Dear Mr Kichefski and Ms Higgins
S &ME Inc (S &ME) is pleased to submit this updated application for impacts to Waters
of the U S in accordance with Department of the Army Nationwide Permit (NWP) No
28 and corresponding Water Quality Certification (WQC) 3890 Our client Fore
Property Company will be considered the applicant
Since the previous application submitted in 2006 the property owner has changed as well
as federal guidelines pertaining to Waters of the U S under Sections 404 and 401 of the
Clean Water Act (CWA) These changes have necessitated the need for updated permit
authorizations The Jurisdictional Determination (JD) Verification and authorized
impacts under NWP 39 for the property expired (USACE Action Id No 200530913) in
April 2011 and March 2007 respectively The current applicable NWP for residential
properties is NWP 29 Accordingly in support of this application please find enclosed
the following
Figures Site Location Map (Figure 1) USGS Topographic Map (Figure 2)
Approximate Waters of the U S (Figure 3) Proposed Impact Plan (Figure 4) Site
Plan (Sheet C 2 0) and Previous Surveyed Jurisdictional Waters Map (Sheet 1)
Appendix I Pre Construction Notification (PCN) and Signed Agent
Authorization Form
SWE INC / 9751 Southern Pine Boulevard / Charlotte NC 28273 5560 / p 704 523 4726 f 704 525 3953 / www smeinc corn

NWP 39 and Updated Preliminary Jurisdictional Determination SWE Project No 1357 12 006
Old Concord Road and WT Harris Blvd Property N C June 29, 2012
• Appendix II NC DWQ Stream Identification Form
• Appendix III Agency Scopmg Responses
• North Carolina Division of Water Quality (NCDWQ) Processing Fee check for
$24000
In addition please consider this application package a Request for Preliminary
Jurisdictional Determination to update the application previously submitted in 2006
Based on our conversations with the USACE (Steve Kifchefski) and DWQ (Alan
Johnson) utilization of the previous surveyed delineation (attached) and supplementation
of any changes to the previous survey with Global Positioning Systems Data (GPS) is
acceptable provided the boundaries have been recently evaluated and updated data forms
for jurisdictional features are provided
Our client Fore Property Company has purchased an approximately 13 acre site (subject
property) for residential construction in Charlotte North Carolina The subject property
is comprised of two adjoining parcels (Mecklenburg County Tax Parcel ID Nos
04927119 and 04927118) generally located southwest of the function of W T Hams
Boulevard and Old Concord Road east of Toby Creek and north of Newell Elementary
School in Mecklenburg County North Carolina (Figure 1) S &ME previously performed
natural resources services on the subject property in 2006 including Section 404 and 401
permit acquisitions which have since expired ( USACE Action ID No 200530913)
The proposed project includes clearing and grading portions of the site to construct a
multi family rental community consisting of seven buildings with a total of 176 units
The proposed project also entails resident garages sidewalks parking areas a pool a
clubhouse and sanitation compactors The northwestern portion of the site will remain
as undisturbed open space The subject property is depicted on a Site Vicinity Map
(Figurel) 1993 Harrisburg N C USGS Topographic Map (Figure 2) Approximate
Waters of the U S (Figure 3) Proposed Impact Plan (Figure 4) and Site Plan (Sheet C
2 0) attached
SITE DESCRIPTION
The subject property is wooded with numerous rock outcroppings located throughout the
site A sewer easement extends through the western portion of the property to a
wastewater treatment plant south of the property A powerlme easement intersects the
southeastern portion of the property adjacent to Old Concord Road Dominant canopy
species within the site include tulip tree (Liriodendron tuhpifera) eastern red cedar
(Juniperus vrrgmiana) white oak (Quercus alba) sweet gum (Lrgurdambar styracrflua)
and beech (Fagus grandrfolha) Dominant shrub and woody vine species include
strawberry bush (Euonymus amerzcanus) Japanese honeysuckle (Lonicerajaponica)
Chinese privet (Ligustrum sinense) and greenbrier (Smilax rotundifolra) The
herbaceous ground layer consists of English ivy (Hedera helix) wild ginger (Hexastylrs
arifoha) spotted wintergreen (Chrmaphrla maculata) Christmas fern (Polystrchum
acrostrchoides) and cranefly orchid (Tipularia discolor)

NWP 39 and Updated Preliminary Jurisdictional Determination SWE Project No 1357 12 006
Old Concord Road and WT Harris Blvd Property N C June 29, 2012
The area surrounding the subject property is primarily residential and institutional
development (Newell Elementary School to the south of the site and the University of
North Carolina at Charlotte to the west)
Prior to field review S &ME wetland scientists reviewed the 1993 Harrisburg N C USGS
topographic map (Figure 2) the 1980 Mecklenburg County Soil Survey the US Fish and
Wildlife Service (USFWS) National Wetland Inventory Maps and a 2010 aerial
photograph of the area (Figure 3)
On April 11 2012 S &ME conducted a pedestrian review of the project area to determine
if the boundaries previously submitted in 2004 were still consistent with federal
guidelines and determine if new jurisdictional waters had developed since that time
Jurisdictional waters are those waters including wetlands which are subject to Section
404 of the Clean Water Act (CWA) under the federal regulatory authority of the US
Army Corps of Engineers (USACE) as well as Section 401 of the CWA under the
regulatory authority of the North Carolina Department of Environment and Natural
Resources (NCDENR) Division of Water Quality (DWQ) For wetlands S &ME
followed the 1987 USACE Wetlands Delineation Manual — Routine Methodology as
amended by the Eastern Mountains and Piedmont Regional Supplement Guide Field
conditions were documented using USACE Routine Wetland Determination Data Forms
as appropriate For streams drainage features were classified as either non jurisdictional
or jurisdictional following guidance described in the 2010 NC DWQ Stream
Identification Methodology of Intermittent and Perennial Streams and Their Origins ver
4 11 Jurisdictional features were further classified as traditional navigable water (TNW)
relatively permanent water (RPW) with year round flow (perennial) RPW with seasonal
flow (intermittent) or non RPW with a significant nexus to a TNW
S &ME scientists identified and delineated three jurisdictional streams and no wetlands
within the project boundary these are discussed further below The approximate location
and size of the streams are depicted on Figure 3 and a NCDWQ Stream Identification
Form is attached (Appendix II)
Stream A comprises portions of the eastern project boundary Stream A is classified as
intermittent aquatically important for approximately 20 linear feet (lf) before becoming
perennial for approximately 1 050 if eventually flowing off site into Toby Creek to the
west
Stream B located within the northern portion of the subject property is approximately
5901f and is classified as perennial for its entire length before its confluence with Stream
A
Stream C located within the southern portion of the subject property was approximately
2301f in the 2006 delineation Since that time the headwaters of Stream C have
expanded approximately 551f for a stream length total of 285 if Stream C is classified as
intermittent aquatically important to the confluence with the perennial portion of Stream
A
3

NWP 39 and Updated Preliminary Jurisdictional Determination SWE Project No 1357 12 006
Old Concord Road and WT Harris Blvd Property, N C June 29, 2012
The proposed project is anticipated to impact 55 if of Stream C classified as intermittent
aquatically important to facilitate construction of portions of Building 6 (Figure 3)
Figure 4 depicts the limits of the proposed impact involving placement of clean earthen
fill material in order to prepare an adequately sized budding footprint The overall Site
plan is depicted on Sheet C 2 0 No other impacts are anticipated as a result of the
proposed project
PROTECTED SPECIES AND CULTURAL RESOURCES
Protected Species
To comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16
USC 1531 l 543) S &ME submitted scopmg letters to the North Carolina Natural
Heritage Program ( NCNHP) and the U S Fish and Wildlife Service (USFWS) on April
30 2012 The scopmg packages included USGS topographic maps and aerial
photographs of the subject property and requested that each agency review records they
may have relating to rare endangered or threatened species or high quality natural
communities within the vicinity of the subject property and provide comment
The NCNHP responded with a May 10 2012 letter stating that they had no records of
rare species significant natural communities or significant natural heritage areas or
conservation/managed areas within one mile of the subject property The NCNHP
indicated that the Reedy Creek Nature Preserve Forests Significant Natural Heritage Site
was less than one mile away however it did not appear the area would be impacted by
activities on the subject property Further the NCNHP stated that review of NCNHP
data should not mitigate the need for on the ground reviews for sensitive resources
The USFWS responded with a May 31 2012 letter in which they stated that the proposed
project was unlikely to affect federally protected species and that they believed the
requirements of Section 7(a) (2) of the ESA had been satisfied The USFWS also stated
that they were concerned about potential impacts the project may have on aquatic species
and referenced their 2006 letter providing measures to minimize direct indirect and
cumulative impacts (attached) The client has reviewed these concerns and has
implemented measures to the extent practicable to address these concerns
Copies of the May 10 2012 NCNHP and the May 31 2012 and April 2006 USFWS
correspondence letters are included in Appendix III
S &ME conducted a review of the U S Fish & Wildlife Service (USFWS) list of federally
protected species (updated September 22 2010) documented within Mecklenburg
County North Carolina This review identified four protected species three plants and
one animal Listed flora and fauna and their federal status are identified in Table 1
4

NWP 39 and Updated Preliminary Jurisdictional Determination S &ME Project No 1357 12 006
Old Concord Road and WT Harris Blvd Property, N C June 29, 2012
Table 1 Federallv Protected Flora and Fauna Summary
Species
Federal Rank
County Status
Habitat Present
Echinacea laewgata
E
Current
No
Smooth coneflower
Hehanthus schweindzu
Schweirntz s sunflower
E
Current
No
Rhus michauxn
E
Current
No
Michaux s sumac
Lasmigona decorata
Carolina heelsplitter
E
Currentl
No
t = tnaangerea
= Review for aquatic species was not conducted as a part of this assessment or the previous 2006 assessment It
should be noted that the subject property is located in the Yadkin River Basin which is not known to support populations
of this species
S &ME completed a field reconnaissance of the project area on April 2006 (initial review)
and again on April 11 2012 This effort revealed the project area consists almost entirely
of mature wooded areas Wooded canopy is not the preferred habitat for the plant species
of concern and none of the three listed plant species were observed Roadsides power
line and the sewer line corridors could contain habitat for the plant species however
conditions were not suitable due to aggressive invasive species Therefore the project
area was not considered to provide potential habitat for protected terrestrial species with a
likelihood of occurring in Mecklenburg County
Cultural Resources
A letter was sent to the State Historic Preservation Office (SHPO) on April 30 2012
requesting comment on the proposed project and additional information regarding
cultural resources in the vicinity of the project area The SHPO responded in a May 30
2012 letter that they were not aware of historical resources within or near the subject
property and as such have no comment on the project as proposed
Please see Appendix III for copies of scoping letters sent to SHPO USFWS and NCNHP
and responses that were received regarding this project
The proposed project has been designed to avoid and minimize impacts to jurisdictional
waters of the U S to the extent practical While approximately 1 8001f of streams are
located on the property the avoidance measures undertaken through the design process
minimized project wide impacts to approximately 75 if
S &ME provided the project developer Fore Property Company with a list of conditions
pursuant to NWP 29 and WQC 3890 Accordingly the proposed project has been
designed to comply with the conditions specified therein and construction activities at
the site will be conducted in accordance with applicable conditions of the NWP 29 and
WQC 3890 In addition the open space surrounding Stream A in the northwestern
portion of the subject property will be conveyed to Mecklenburg County as open space
and an eventual greenway No wastes spoils solids or fills will be placed within waters
or riparian areas beyond the limits of those depicted in this PCN application
5

NWP 39 and Updated Preliminary Jurisdictional Determination SWE Project No 1357 12 006
Old Concord Road and WT Harris Blvd Property, N C June 29, 2012
During construction measures will be utilized to limit the impacts identified above
These measures include 1) the use of siltation barriers and sediment traps 2) the use of
barricades identifying construction limits such that unnecessary removal of mature trees
does not occur 3) regular inspection and maintenance during construction and 4) pre
construction meetings
Appropriate sediment and erosion control practices outlined in the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual and
approved by the local governing authority shall be in compliance with specifications
governing the proper design installation operation and maintenance of such BMPs to
comply with the appropriate turbidity water quality standard
The proposed work should not cause degradation of area water quality and will not
permanently restrict or impede the passage of normal or expected high flows Efforts
will be made to perform the work during periods of no or low flow
The proposed permanent impacts to 75 if of stream are less than typical mitigation
thresholds of 0 10 acre of wetlands and 1501f of jurisdictional stream As stated above
impacts have been avoided and minimized to the maximum extent practicable
Appropriate mitigation for the proposed project includes avoidance and minimization
procedures implemented during the design phase of the proposed project
We do not anticipate that Fore Property Company will be required to provide additional
compensatory mitigation since avoidance and minimization efforts have been undertaken
in the planning process and total impacts to jurisdictional wetlands and waters of the
U S are less than the threshold of the NWP No 29 and WQC 3890
9

NWP 39 and Updated Preliminary Jurisdictional Determination SWE Project No 1357 12 006
Old Concord Road and WT Harris Blvd Property, N C June 29, 2012
By copy of this correspondence and completed PCN we are requesting your written
concurrence with this application for project authorization under NWP No 29 as well as
an updated Preliminary Jurisdictional Determination for the property Should you require
additional information please feel free to contact us at 704 523 4726
Sincerely
S &ME
Jason Isbanioly
Natural Resources Project Scientist
1 ►sbamoly@smemc com
Senior Review by Dane Horna P E
Attachments
D Ct.�i
wI ► Pt.,-Z
Darrtn Peme
Natural Resources Department Manager
dpeme@smemc com
Figure 1 Vicinity Map
Figure 2 USGS Topographic Map
Figure 3 Approximate Waters of the U S
Figure 4 Proposed Impact Map
Sheet C2 0 Overall Site Plan
Sheet 1 Previous Surveyed Jurisdictional Waters Map
Appendix I Pre Construction Notification (PCN) and Signed Agent
Authorization Form
Appendix II NC DWQ Stream Identification Form
Appendix III Agency Scop►ng Responses
North Carolina Division of Water Quality (NCDWQ) Processing Fee
check for $240 00
7

9`J• A
1
•tR
-- MECKLENBURG CO GIS
+'
Base map obtained from Mecklenburg County
POLARIS website
r t 0 =3 1081ft
r
+1
t
v�
� I
r
Scale: As Shown Vicinity Map
Drawn by: CLH Old Concord Road and Figure
Ch Harris Blvd. Property
Checked by: MNM *S&ME Charlotte, North Carolina
Date: 4/16/12 Job No.: 1357 -12 -006 7

H
= Approximate Subject Property Boundary
= 1,200'
Base Map taken from USGS.gov website — 1993 Harrisburg NC
Topographic Quadrangle
Scale: As Shown USGS Topographic Map
Drawn by: CLH Old Concord Road and Figure
S&ME Ch Harris Blvd. Property
Checked by: MNM :._ Charlotte, North Carolina
Date: 4/16/12 Job No.: 1357 -12 -006 2

NN N- ` NN
NN
�b
\ ti/ Alto
\\ \ \ Approximately 75 Linear Fee \ \ \ \ \
\\ \ \
of Impact \ �e
,\
0 10 20
.o
® Feet
REFERENCE: - Approximate Area of Impact
THE PROPOSED 00
IMPACTAREA WAS DERIVED FROM GPS DATAANDA26 SURVEY OF
JURISDICTIONAL FEATURES. THE ORIGINAL2006 SURVEY STREAM LAYERS WERE DERIVED FROM RPW Seasonal Flow, 2012 Line Extension
DIGITAL SURVEY OF JURISDICTIONAL FEATURES BY GNA DESIGN ASSOCIATES, INC. THE RPW
SEASONAL FLOW, 2012 EXTENSION LAYER WAS DIGITIZED USING GPS DATA COLLECTED WITH GPS • . Original 2006 Survey RPW Seasonal Flow
UNITS CAPABLE OF SUB -METER ACCURACY AND DOES NOT CONSTITUTE SURVEY DATA COLLECTED
BY A REGISTERED LAND SURVEYOR. THE BACKGROUND LAYER WAS DERIVED FROM AGEO- Original 2006 Survey RPW Year -Round Flow rt
REFERENCED GRADING PLAN PROVIDED BY STEWART PLEASE NOTE THIS MAP
IS FOR OR Proposed Wall Approximate Limits of Impact
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. p pp p
THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY Parking
FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Buildings
SCALE: 1 = 40
FIGURE NO.
DATE: 06 -15 -12 S &ME PROPOSED IMPACT MAP
DRAWN BY: CJF Old Concord Road and 4
PROJECT NO: WWW.SMEINC.COM WT Harris Property
1357 -12 -006 Charlotte, North Carolina

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O�QF W pTF9pG
1 > y
20120650
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 14
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification PC Form
A Applicant Information
1
Processing
1a
Type(s) of approval sought from the
Corps
®Section 404 Permit ❑Section 10 Permit
1b
Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number
1c
Has the NWP or GP number been venfied by the Corps?
® Yes
❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
❑ Yes
® No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Old Concord Road and WT Harris 13 Acre Project
2b
County
Mecklenberg
2c
Nearest municipality / town
Charlotte
2d
Subdivision name
NA
2e
NCDOT only T I P or state
project no
NA
3
Owner Information
3a
Name(s) on Recorded Deed
Fore Property Company
3b
Deed Book and Page No
Tax PIN 04927118 and 04927119
3c
Responsible Party (for LLC if
applicable)
Christopher New
3d
Street address
3000 Marta Circle
3e
City state zip
Kissimmee FL 34741
3f
Telephone no
407 345 9931
3g
Fax no
702 835 5278
3h
Email address
cnew @foreproperty com
Page 1 of 14
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other specify
415
Name
4c
Business name
(if applicable)
4d
Street address
4e
City state zip
4f
Telephone no
4g
Fax no
4h
Email address
5
Agent/Consultant Information (if applicable)
5a
Name
Mr Jason Isbanioly
5b
Business name
(if applicable)
S &ME Inc
5c
Street address
9751 Southern Pine Blvd
5d
City state zip
Charlotte NC 28273 5560
5e
Telephone no
704 523 -4726
5f
Fax no
704 565 4929
5g
Email address
lisbarnoly @smeinc com
Page 2 of 14
PCN Form — Version 1 3 December 10 2008 Version

B
Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
04927118 and 04927119
1 b
Site coordinates (in decimal degrees)
Latitude 35 2892 N Longitude 807350
(DD DDDDDD) ( DD DDDDDD)
1c
Property size
—13 acres
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
proposed project
Toby Creek
2b
Water Quality Classification of nearest receiving water
C
2c
River basin
Yadkin
Page 3 of 14
PCN Form - Version 1 3 December 10 2008 Version

3
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The project area is comprised of two parcels totaling approximately 13 acres and is generally located southwest of the
function of W T Harris Boulevard and Old Concord Road east of Toby Creek and north of Newell Elementary School in
Mecklenburg County North Carolina The site is primarily wooded with numerous rock outcroppings A sewer easement
extends through the western portion of the property to a wastewater treatment plant to the south A powerline easement
intersects the southeastern portion of the property adjacent to Old Concord Road Three jurisdictional channels two
perennial and one intermittent aquatically important are present on site No jurisdictional wetlands were observed on
site
Dominant canopy species within the site include tulip tree (Linodendron tulipfera) eastern red cedar (Jurnperus
virgirnana) white oak (Quercus alba) sweet gum (Liquidambar styraciflua) and beech (Fagus grandifolia) Dominant
shrub and woody vine species include strawberry bush (Euonymus americanus) Japanese honeysuckle (Lorncera
japonica) Chinese privet (Ligustrum smense) and greenbner (Smilax rotundifolia) The herbaceous ground layer
consisted of English ivy (Hedera helix) wild ginger (Hexastylis anfolia) spotted wintergreen (Chimaphda maculata)
Christmas fern (Polystichum acrostichoides) and cranefly orchid (Tipulana discolor)
The area surrounding the subject property is primarily residential and institutional development (Newell Elementary
School to the south of the site and University of North Carolina at Charlotte to the west)
3b
List the total estimated acreage of all existing wetlands on the property
NA
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approximateey 1 800 linear feet
3d
Explain the purpose of the proposed project
The vicinity of the project area is experiencing growth and development as a result of its close proximity to the City of
Charlotte and the University of North Carolina at Charlotte To facilitate the anticipated growth in the area the proposed
project will aid in satisfying the community s demand for a multi family rental neighborhood
3e
Describe the overall project in detail including the type of equipment to be used
The proposed project includes clearing and grading portions of the site to construct a multi family rental community
consisting of seven buildings with a total of 176 units The proposed project also entails resident garages sidewalks
parking areas a pool a clubhouse and sanitation compactors The northwestern portion of the site will remain as
undisturbed open space
The proposed project will involve unavoidable impacts to approximately 75 If of intermittentlaquatically important stream
to facilitate the footprint of Building 7 No other impacts to on site jurisdictional streams are anticipated Industry
standard earth moving equipment such as trackhoes dozers trucks sidebooms etc will be used
Page 4 of 14
PCN Form — Version 1 3 December 10 2008 Version

4 Jurisdictional Determinations
4a Have Jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments
S &ME Wetlands Professionals conducted a Wetlands and
Waters of the U S Delineation of the property on November
30 2004 Subsequently Ms Amanda Jones of the USACE
issued a Jurisdictional Determination for wetlands and
® Yes ❑ No ❑ Unknown
waters of the U S present on the subject property on
January 31 2005 (Action ID 200530913) which included
three streams (Streams A Band C) No jurisdictional
wetlands were observed on site No prior permits have been
applied for or issued to the site The jurisdictional limits were
subsequently surveyed and mapped and submitted to your
office on March 21 2006
4b If the Corps made the jurisdictional determination what type
❑ Prelimina ry ®Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company S &ME Inc
Name (if known) Suzanne Knudsen
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
May 10 2006
5 Project History
5a Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
A formal Jurisdictional Determination was applied for on December 14 2004 and received from Ms Amanda Jones of the
US Army Corps of Engineers ( USACE) on January 31 2005 (Action ID 200530913) The following year a Nationwide
Permit 39 was applied for on April 13 2006 and received on May 10 2006 At the time the threshold requiring written
confirmation from the NC Division of Water Quality was 150 linear feet Because proposed project impacts were far
below that threshold a corresponding 401 Water Quality Certification was not issued for the USACE permit
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain
Page 5 of 14
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of Jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ —non 404 other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
El El
E] Yes
El Corps
❑ No
❑DWQ
2g Total wetland impacts
NA
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of Jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ® P ❑ T
Fill
UT to Toby Creek
❑ PER
® INT
® Corps
❑ DWQ
3
75
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments Impacts are limited to 75 linear feet of intermittent unnamed tributary to Toby Creek 7S
Page 6 of 14
PCN Form — Version 1 3 December 10 2008 Version

4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
NA
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
NA
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
61 [-1 POT
El Yes
❑ No
62 ❑ P ❑ T
❑ Yes
❑ No
133 ❑P ❑T
❑Yes
❑ No
6h Total buffer impacts
NA
61 Comments
Page 7 of 14
PCN Form — Version 1 3 December 10 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Avoidance measures undertaken throughout the project design has minimized project wide impacts to 75 If of jurisdictional
stream The proposed project has been designed to the maximum extent practical to avoid impacts to approximately 1 800 If
of on site jurisdictional stream
S &ME provided the applicant with a list of conditions pursuant to the Nationwide Permit 29 and the corresponding Water
Quality Certification 3890 Accordingly the proposed project has been designed to comply with the conditions specified
therein and construction activities at the site will be conducted in accordance with applicable conditiors of the NWP No
wastes spoils solids or fills will be placed within waters or riparian areas beyond the limits of those depicted in this PCN
application
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
During construction measures will be utilized to limit the impacts identified above These measures include 1) the use of
siltation barriers and sediment traps 2) the use of barricades identifying construction limits such that unnecessary removal of
mature trees does not occur 3) regular inspection and maintenance during construction and 4) pre construction meetings
Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual will be required as part of the project specifications governing the
proper design to comply with appropriate turbidity water quality standards Sediment and erosion control measures placed in
waters will be removed and the original grade restored within two months after the Division of Land Resources has released
the project
The proposed work should not cause degradation of area water quality and will not permanently restrict or impede the
passage of normal or expected high flows Efforts will be made to perform the work during periods of no or low flow
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U S or Waters of the State?
2b If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
❑ Mitigation bank
2c If yes which mitigation option will be used for this
El Payment to in lieu fee program
projects
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
Page 8 of 14
PCN Form — Version 1 3 December 10 2008 Version

4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 9 of 14
PCN Form — Version 1 3 December 10 2008 Version

E Stormwater Management and Diffuse Flow Plan (required by DWQ)
1 Diffuse Flow Plan
1a Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b If yes then is a diffuse flow plan included? If no explain why
❑ Yes El No
Comments
2 Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
Approximately 58 %
2b Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c If this project DOES NOT require a Stormwater Management Plan explain why
2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
The proposed project consists of 12 7 acres of previously undeveloped land that will be utilized for a seven building multi
family community The site is located on the comer of Old Concord Road and W T Harris Boulevard
A 50 wide undisturbed buffer is included in the plan along the stream following the southwestern property boundary as
required by the City of Charlotte This buffer will also provide a natural area of protection for the stream
The storm drainage system was primarily designed around maintaining the 2 and 10 year predeveloped run off flows
from the site To accomplish this goal an underground detention system was designed to collect site run off An
additional storm network was placed along Old Concord Road as part of the road improvements This system picks up
run off from the road and discharges it in the southwestern corner of the site
The underground detention pond picks up on site run off with the exception of bypass run off located along the western
side of property and a majority of the piped roof drains again a few roof drains loin the bypass run off along the western
side of the site Water is collected and discharged into a single 120 diameter pipe to control peak flows and velocity
Water is then discharged on the western side of the site
Erosion control was broken down into two phases The first phase breaks the site into two drainage areas with separate
basins Drainage is maintained to each basin with diversion ditches Once construction has progressed the site will
move into phase two All site run off is directed to basin one and basin two is removed Basin one will be removed once
the site is stabilized and the detention system is installed and operational
As required by the City of Charlotte the stormwater management plan will be constrcuted and approved prior to issuing
occupancy permits
® Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3 Certified Local Government Stormwater Review
3a In which local governments jurisdiction is this project?
City of Charlotte
® Phase II
3b Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
® Yes ❑ No
attached?
Page 10 of 14
PCN Form — Version 1 3 December 10 2008 Version

4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
letter)
❑ Yes ❑ No
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after the fact permit application?
❑ Yes ® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
Yes No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
The project is located in an already developed part of Charlotte Facilities adjacent to
the project site include a public
school multi family housing a church a park and an automotive service station The
project is located less than one
mile from additional facilities such as grocery stores and restaurants Utility services such as electricity and sewage
would likely use existing corridors and services Because of existing development no
additional development directly
related to this project is anticipated
Page 11 of 14
PCN Form — Version 1 3 December 10 2008 Version

4 Sewage Disposal (DWQ Requirement) I
4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from
the proposed project or available capacity of the subject facility
Sanitary sewage will be conveyed to the existing Charlotte Mecklenburg Utilities system and treated at the Mallard Creek
WWTP
Page 12 of 14
PCN Form —Version 1 3 December 10 2008 Version

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
El Yes ®No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
5c If yes indicate the USFWS Field Office you have contacted
❑ Raleigh
® Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Scopmg letters provided to the NCNHP and USFWS
The NCNHP responded with a May 10 2012 letter stating that they had no records of rare species significant natural
communities or significant natural heritage areas or conservation /managed areas within one mile of the subject property
The NCNHP indicated that the Reedy Creek Nature Preserve Forests Significant Natural Heritage Site was less than one
mile away however it did not appear the area would be impacted by activities on the subject property Further the
NCNHP stated that review of NCNHP data should not mitigate the need for on the ground reviews for sensitive resources
The USFWS responded with a May 31 2012 letter in which they stated that the proposed project was unlikely to affect
federally protected species and that they believed the requirements of Section 7(a) (2) of the ESA had been satisfied
The USFWS also stated that they were concerned about potential impacts the project may have on aquatic species and
referenced their 2006 letter providing measures to minimize direct indirect and cumulative impacts (attached)
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
A letter was sent to the State Historic Preservation Office (SHPO) on April 30 2012 requesting comment on the proposed
project and additional information regarding cultural resources in the vicinity of the project area The SHPO responded in
a May 30 2012 letter that they were not aware of historical resources within or near the subject property and as such
have no comment on the project as proposed
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
❑ Yes ❑ No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplam determination?
Page 13 of 14
PCN Form — Version 1 3 December 10 2008 Version

i
Applicant/Agents Printed Name % Applicant/Ag'ents Signature Date
(Agents signature is valid only if an authorization letter from the applicant
is provided
Page 14 of 14
PCN Form — Version 113 December 10 2008 Version
I

*S&ME
AGENT AUTHORIZATION FORM
Datc April 10 2012
vroject Information
S &ML Project Name Old Concord Road and WT Harris Property
Type of Project Natural Resources Services - --
Location Charlotte Mecklenbuig County North Carolina
Property O%%ner /Represen tat ve Information
Business Name /-' l„le n�
Mailing Address X)OO
City State Zip Code -
s «c� LG �Y7y/
Telephone No - K0 7. 3yS lg 3/
Contact -- — — - --
Cl. is S
riE,cm uuurmallon
Business Name
Street Address
City Statc Zip Code
Telephone No
Contact
S &ME Inc
9711 Southern Pine Boulevard
Charlotte NC 28273
[phone]
Ms Suzanne L nudsen
Authorization I / efe /
Y� Gc 'K/__ on behalf of
(Contact Signature)
re
FOB" �'j -hereby authorize
(Name of Landowner or Representative) )
S &ME Inc to act as agent for the above mentioned project

North Carolina Division of Water Quality Methodology for Identification or Intermittent and
Perennial Streams and Their Origins v 4 11
Date 4/11/2012
Project Old Concord Road and WT Harris 13 Acre Project
Latitude 35 287350N
Evaluator S &ME (Suzanne Knudsen)
Site /Stream ID Stream C
Longitude 80 73272 -W
Total Points
Stream is at least intermittent
if 19 or perennial if 30
Stream Determination
Intermittent
County
Mecklenburg
Other e g Quad Name
A Geomorphology (Subtotal= 16 5)
Absent
Weak
Moderate
Strong
Continuity of channel bed and bank
0
05
3
_1a
2 Sinuosity of channel along thalweg
0
2
3 In channel structure ex riffle pool step pool
ripple pool sequence
No = 0
3
4 Particle size of stream substrate
0
3
5 Active /relic flood lain
0
6 Depositional bars or benches
None /Other = 0
t
7 Recent alluvial deposits
0
8 Head cuts
2
9 Grade control
1
10 Natural valley
1 5
11 Second or greater order channel
No = 0
a artificial ditches are not rated see discussions in manual
B Hvdroloav (Subtotal = 2 )
12 Presence of baseflow
3
t
13 Iron oxidizing bacteria
0
1
14 Leaf litter
0
05
15 Sediment on plants or debris
0
05
16 Organic debris lines or piles
0
60il based evidence ot high water table'.'
No = 0
C Biology (Subtotal 4 )
18 Fibrous roots in channel
3
19 Rooted plants in channel
1
20 Macrobenthos
0
21 Aquatic mollusks
0
22 Fish
0
23 Crayfish
0
24 Amphibians
0
25 Algae
0
26 Wetland plants in streambed
None /Other = 0
perennial stream smay also be indetified using other methods See p 35 of manual
Notes
Privet and Enqlish iw in the stream bed subterranean flow in areas
Sketch

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville field Office
160 Zillu,oa Street
Asheville North Carolina 28801
May 31 2012
Ms Crystal Fox
Ms Suzanne Knudsen
S &ME Inc
9751 Southern Pine Boulevard
Charlotte North Carolina 28273 5560
Dear Ms Fox and Ms Knudsen
Subject Federally Listed Species Assessment for a 13 Acre Tract of Land Located on Old
Concord Road North of Newell in Mecklenburg County North Carolina
On May 2 2012 we received a letter from you requesting our review and comments on the
subject project We originally provided comments on this project on April 6 2006 You stated
in your recent letter that 401/404 permit acquisitions have expired resulting in the need to update
the previous scoping request submitted in 2006 We have reviewed the information you
presented and are providing the following comments in accordance with the provisions of the
Fish and Wildlife Coordination Act as amended (16 U S C 661 667e) and section 7 of the
Endangered Species Act of 1973 as amended (16 U S C 1531 1543) (Act)
Protect Description According to the information provided your client is proposing to
construct a multi family rental community on a 13 acre tract of land The subject site is
currently wooded with numerous rock outcroppings and several utility easements traverse the
property Three unnamed streams are found within the subject property As previously
proposed construction of the project will impact about 20 linear feet of stream channel for which
your client must obtain a nationwide permit from the U S Army Corps of Engineers However
your current letter did not include any specifics about impacts to aquatic resources
Federally Listed Species — After reviewing the information you provided we concur with your
determination that the proposed project will have no effect on federally listed species or
designated critical habitat Therefore we believe the requirements under section 7 of the Act are
fulfilled However obligations under section 7 of the 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 tf*jdentified action

Fish and Wildlife Resources — We are concerned about the direct indirect and cumulative
impacts this project will have on the streams and forested areas located on the subject property
According to the 404 (b)(1) guidelines no discharge or fill material shall be permitted in streams
or wetlands if there is a practicable alternative to the proposed discharge that would have less
adverse impacts on the aquatic ecosystem (40 CFR 230 10) therefore we suggest that a suitable
alternative be found which will eliminate or minimize impacts to aquatic resources We ask that
you refer to our April 6 2006 letter for our comments about potential impacts and methods for
minimizing the potential impacts of this project
We appreciate the opportunity to provide these comments If we can be of assistance or if you
have any questions please do not hesitate to contact Mr Bryan Tompkins of our staff at
828/258 3939 Ext 240 In any future correspondence concerning this project please reference
our Log Number 4 2 06 201
Sinceiely
original signed
Brian P Cole
Field Supeivisoi

United States Depaitment of the Inteiior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville North Carolina 28801
April 6, 2006
Ms Patricia A Kelly
Ms Lisa J Beckstrom
S &ME Inc
9751 Southern Pine Boulevard
Charlotte North Carolina 28273 5560
Dear Ms Kelly and Ms Beckstrom
Subject Site Assessment for a 13 Acre Tract of Land Located on Old Concord Road North of
Newell in Mecklenburg County, North Carolina
In your letter dated March 8, 2006 you requested our comments on the subject project We have
reviewed the information you presented and are providing the following comments in accordance
with the provisions of the Fish and Wildlife Coordination Act as amended (16 U S C
661 667e) 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, your client is proposing to
construct a multi family rental community on a 13 acre tract of land The subject site is
currently wooded with numerous rock outcroppings, and several utility easements traverse the
property Three unnamed streams are found within the subject property As proposed,
construction of the project will impact about 20 linear feet of stream channel for which your
client must obtain a nationwide permit from the U S Army Corps of Engineers No other
impacts to aquatic areas were listed in your letter
Federally Listed Species — Based on the project location and aerial photos obtained from
Mecklenburg County s GIS web site, there appears to be suitable habitat for the federally
endangered Schwemitz s sunflower (Hehanthus schweinitzii) within the utility easements located
on the subject property Schweinitz s sunflower has been found within a few miles of the project
site, and a large percentage of the known records for this rare plant species occur within
Mecklenburg County and the surrounding counties Schweuntz's sunflower occurs in relatively
open habitats —road power line, and other maintained rights -of -way, early successional fields
forest ecotonal margins, forest clearings, etc The species thrives in full sun but also grows in
the light shade of open stands of oak pme- hickory Schweinitz s sunflower generally occurs on

soils characterized as moist to dryish clays, clay loams, or sandy clay loams that often have high
gravel content The species is known from a variety of soil types including Iredell (Fine
Montmonllomtic, Thermic Typic Hapluduff), Enon (Fine Mixed Thermic Ulhc Hapludalf), and
Cecil (Clayey Kaolimtic, Thermic Typic Hapludult) Your letter did not indicate whether
surveys have been conducted for this or other rare plant species within the project impact area
Unless an area has been specifically surveyed for this listed species or no appropriate habitat
exists a survey should be conducted to ensure that this species is not inadvertently lost
Schweuutz s sunflower is difficult to identify at any tune but even more so outside the flowering
season of late August to October so we recommend that surveys for this species be conducted
during this period In accordance with the Act it is the responsibility of the appropriate federal
agency or its designated representative to review its activities or programs and to identify any
such activities or programs that may affect endangered or threatened species or their habitats If
it is determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened formal consultation with this office must be initiated
Fish and Wildlife Resources — We are concerned about the direct, indirect and cumulative
impacts this project will have on the streams and forested areas located on the subject property
According to the 404 (b)(1) guidelines, no discharge or fill material shall be permitted in streams
or wetlands if there is a practicable alternative to the proposed discharge that would have less
adverse impacts on the aquatic ecosystem (40 CFR 230 10) therefore, we suggest that a suitable
alternative be found which will elmvnate or numnuze impacts to aquatic resources We
recommend the following measures to help minimize project impacts
Use grassed swales in place of curb and gutter and on site storm water
management (i a bioretention areas) that will result in no net change in the
hydrology of the watershed Without proper planning, tlus development will
create more upervious surfaces (such as roofs roads and parking lots) which
collect pathogens metals, sediment, and chemical pollutants and quickly
transmit them to receiving waters Therefore all storm -water outlets should
drain through a vegetated upland area prior to reaching any stream or wetland
area Sufficient retention designs should be implemented 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
2 Preserve and/or restore forested riparian buffers Given the close proximity of
this project to aquatic resources and the increase of impervious surfaces
because of the development, we are concerned about the loss and lack of
riparian buffers Forested riparian buffers, a mimmum of 100 feet wide along
perennial streams and 50 feet wide along intermittent streams should be created
and/or maintained along all aquatic areas Riparian buffers provide travel
corridors and habitat for wildlife displaced by development In addition,
riparian buffers protect water quality by stabilizing stream banks filtering
storm water runoff and providing habitat for aquatic and fisheries resources
2

3 Install and maintain stringent measures to control erosion and sediment in
order to prevent unnecessary impacts to aquatic resources within and
downstream of the project site Disturbed areas should be reseeded with seed
mixtures that are beneficial to wildlife Fescue -based mixtures should be
avoided Native annual small grains appropriate for the season are preferred
and recommended Perimeter erosion control devices should be installed prior
to any on the ground activities Frequent maintenance of these devices is
critical to their proper function in order to minimize sediment discharge from
the project site
4 Use bridges for all permanent roadway crossings of streams and associated
wetlands because they minimize impacts to aquatic resources allow for the
movement of aquatic organisms and eliminate the need to fill and install
culverts All stream crossings should be made perpendicular to the stream If
culverts are the only option we suggest using bottomless culverts Bottomless
culverts do not need to be buried, thereby minimizing the adverse impacts to
streams Any type of culvert that is used should be designed to allow for the
passage of fish and other aquatic life The culvert should be sized to
accommodate the movement of debris and bed material within a channel
during a bank full event We recommend the use of multiple barrels (other
than the base flow barrel) placed on or near stream bank full or floodplamn
bench elevation m order to accommodate floodwaters within the stream
corridor These should be reconnected to floodplam benches as appropriate
This may be accomplished by using sills on the upstream end to restrict or
divert flow to the base flow barrel(s) Sufficient water depth should be
maintained in the base flow barrel during low flows to accommodate fish
movement If the culvert is longer than 40 linear feet alternating or notched
baffles should be installed in a manner that mimics the existing stream pattern
This should enhance the passage of aquatic life by (a) by depositing sediment
in the barrel (b) maintaining channel depth and flow regimes and (c)
providing restmg places for fish and other aquatic organisms
5 Install utility lines (i a sewer gas water) outside the above - recommended
buffer widths All utility crossings should be kept to a minimum and all utility
infrastructure should be kept out of riparian buffer areas The directional bore
stream crossing method (installation of utilities beneath the riverbed, avoiding
impacts to the stream and buffer) should be used for utility crossings
Manholes or similar access structures should not be allowed within buffer
areas Stream crossings should be near perpendicular to stream flow and
should be monitored at least every 3 months for maintenance needs during the
first 24 months of the project and annually thereafter Sewer lines associated
with crossing areas should be maintained and operated at all times to prevent
discharges to land or surface waters In circumstances where minimum
setbacks cannot be attained sewer Imes shall be constructed of ductile iron or a
substance of equal durability
3

6 Keep equipment out of streams by operating from the banks in a fashion that
minimizes disturbance to woody vegetation Equipment should be inspected
daily and should be maintained to prevent the contanmnation of surface waters
from lealang fuels lubricants, hydraulic fluids or other toxic materials All
fuels lubricants, and other toxic materials should be stored outside the riparian
management area of the stream in a location where the material can be
contained Equipment should be checked for leaks of hydraulic fluids cooling
system liquids and fuel and should be cleaned before fordmg any stream
Also all fuelmg operations should be accomplished outside the riparian
management area
At this stage and without more specifics about construction locations or techniques it is difficult
for us to fully assess potential environmental impacts (direct indirect secondary and
cumulative) of this project We therefore recommend that any environmental document prepared
for this project include the following (if applicable)
A detailed analysis of stream and wetland impact areas and locations
particularly the locations of stream crossings and the construction techniques
proposed for stream crossings within the project area Plans for all proposed
impact areas should include a complete analysis and comparison of the
available construction techniques and alternatives (including a no build
alternative)
2 Details of all surveys and assessments, including the acreage and a description
of the wetlands that will be filled or impacted and the extent (linear feet as well
as discharge) of any water courses that will be impacted as a result of the
proposed project A description of any streams should include the
classification (Rosgen 1995 1996) and a description of the biotic resources and
any wetlands affected by the proposed project should be mapped in accordance
with the Federal Manual for Ident &rng and Delineating Jun nsdnctnonal
Wetlands
3 A description of the fishery and wildlife resources within existing and required
additional rights of way and any areas such as borrow areas that may be
affected directly or indirectly by the proposed project
4 An assessment of all expected secondary and cumulative environmental
impacts associated with this proposed work The assessment should specify
the extent and type of development proposed for the project area once the work
is complete and how future growth will be maintained and supported with
regard to sewer hues water lines parking areas, and any proposed roadways
A discussion about the extent to which the project will result in the loss,
degradation or fragmentation of wildlife habitat from direct construction
F11

impacts and from secondary development impacts The acreage and location
of upland habitat, by cover type that will be eliminated because of the
proposed project must be noted
6 Mitigation measures that will be employed to avoid, eliminate, reduce, or
compensate for habitat value losses (wetland nvenne, and upland) associated
with any phase of the proposed project
We appreciate the opportunity to provide these comments If we can be of assistance or if you
have any questions please do not hesitate to contact Mr Bryan Tompkins of our staff at
828/258 3939 Ext 240 In any future correspondence concerning this project please reference
our Log Number 4 -2 06 201
Snip rely
/ 1
Brian P Cole
Field Supervisor
5

i
FISH AND WILDLIFE SERVICE
A 11V N dIC f iLId 0I I ILC
160 /ilia 15u I
A h %111L N)ith ( tuoln i )Ml
May 31 2012
Ms Crystal Fox
Ms Suzanne Knudsen
S &ME Inc
9751 Southern Pine Boulevard
Charlotte North Carolina 28273 5560
Dear Ms Fox and Ms Knudsen
Subject Federally Listed Species Assessment for a 13 Acie Tract of Land Located on Old
Concord Road North of Newell in Mecklenburg County North Carolina
On May 2 2012 we received a letter from you requesting our review and comments on the
subject project We originally provided comments on this project on April 6 2006 You stated
in your recent letter that 401 /404 permit acquisitions have expired resulting in the need to update
the previous scopmg request submitted in 2006 We have reviewed the information you
presented and are providing the following comments in accordance with the provisions of the
Fish and Wildlife Coordination Act as amended (16 U S C 661 667e) 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 your client is proposing to
construct a multi family rental community on a 13 acre tract of land The subject site is
currently wooded with numerous rock outcroppings and several utility easements traverse the
property Three unnamed streams are found within the subject property As previously
proposed construction of the project will impact about 20 linear feet of stream channel for which
your client must obtain a nationwide permit from the U S Army Corps of Engineers However
your current letter did not include any specifics about impacts to aquatic resources
Federally Listed Species — After reviewing the information you provided we concur with your
determination that the pioposed project will have no effect on federally listed species or
designated critical habitat Therefore we believe the requirements under section 7 of the Act are
fulfilled However obligations under section 7 of the 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 S identified action

North Carolina Department of Environment and Natural Resources
Office of Conservation, Planning, and Community Affairs
Beverly Eaves Perdue Linda Pearsall Dee Freeman
Governor Director Secretary
May 10 2012
Crystal Fox, Natural Resources Project Scientist
S &ME
9751 Southern Pines Boulevard
Charlotte NC 28273 5560
Subject Proposed Residential Development Old Concord Road and WT Harris Property Newell Mecklenburg
County S &ME Project No 1357 12 2012
Dear Ms Fox
The Natural Heritage Program has no record of rare species significant natural communities, or priority natural
areas at the site The Reedy Creek Nature Preserve Forests Significant Natural Heritage Area is located less
than 1 mile away but is unlikely to be adversely affected by the proposed project
Although our maps do not show records of such natural heritage elements in the project area, that does not
necessarily mean that they are not present It may simply mean that the area has not been surveyed The use of
Natural Heritage Program data should not be substituted for actual field surveys particularly if the project area
contains suitable habitat for rare species significant natural communities or priority natural areas
Please do not hesitate to contact me at 919 707 8635 if you have questions or need further information
Sincerely
Stephen Hall Landscape Ecologist
Natural Heritage Program
SPH/sph
Mailing address 1601 Mad Service Center Raleigh North Carolina 276991601
Location 217 W Jones Street Raleigh NC 27604
Phone [phone] Webpage www oneNCNaturally org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
�Iyoaqwlly
Natural Resources Planning and Conservation

North Carohna Department of Cultural Resources
State Historic Preservation Office
Ramona M Bartos Wmmtstrator
Be edy F a,, es Perdue GoN error
landa A Carlisle Secretary
Jeffrey I C o% Dcput% Secretary
May 30 2012
Crystal Fox
S&ME Inc
9751 Southern Pine Boulevard
Charlotte NC 28273 5560
Office of Arch ves and Ihstory
Dtvis on of Historical Resourc s
David Brook Director
Re Project Update Old Concord Road and W T Hams Property Charlotte S&ME 1357 12 006
Mecklenburg County ER 06 0720
Dear Ms Fox
Thank you for your letter of April 30 2012 concerning the above project
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project Therefore we haN a no comment on the project as proposed
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservations Regulations for Compliance with Section 106 codified at 36 CFR
Part 800
Thank you for your cooperation and consideration If you have questions concerning the above comment
please contact Renee Gledhill Earley environmental review coordinator at 919 807 6579 In all future
communication concerning this project please cite the above referenced tracking number
Sincerely
/Ramona M Bartos
Location 109 Fa, t Jones Stre t Raleigh NC 27601 Mailing Address 4617 Mad Service Center Ral igh NC 27699 -4617 Telephone /Pax [phone]/807 (599