20211004 Ver 1_ePCN Application_20210611

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
✓ No
Is this project a public transportation project?*
✓ Yes r No
Change only if needed.
BIMS # Assigned* Version#*
20211004 1
Is a payment required for this project?*
✓ No payment required
✓ Fee received
C." Fee needed - send electronic notification
Reviewing Office *
Mooresville Regional Office - [phone]
What amout is owed?*
✓ $240.00
✓ $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnsonl
Information for Initial Review
la. Name of project:
Erwin Road Apartments
la. Who is the Primary Contact?*
Kelly Roth
1b. Primary Contact Email:*
[e-mail]
Date Submitted
6/11/2021
Nearest Body of Water
Polk Ditch
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.112891
Longitude:
-80.977368
1 c. Primary Contact Phone:*
[phone]
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
✓ Yes r No
Is this project a public transportation project?*
✓ Yes r No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
✓ Yes r No

ID# Version
Pre -fling Meeting or Request Date
5/11/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach docurrent
2021210169-Erwin-Pre-filing Request-2021-05-11.pdf
Fie type nest be FCF
la. Type(s) of approval sought from the Corps:
[7 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?*
✓ Yes
✓ No
1b. What type(s) of permit(s) do you wish to seek authorization?
[7 Nationwide Permit (NWP)
✓ Regional General Permit (RGP)
r Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes rNo
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - Regular
✓ Non-404 Jurisdictional General Permit
✓ Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
✓ Yes f No
789.96KB
✓ 401 Water Quality Certification - Express
✓ Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
6 Yes r No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
1h. Is the project located in any of NC's twenty coastal counties?
✓ Yes G No
1j. Is the project located in a designated trout watershed?
✓ Yes f No
B. Applicant Information
ld. Who is applying for the permit?
r Owner 17 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
6 Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Charles Andrew Gordon, Jeffrey Stuart Gordon and William Stafford Gordon, III
2b. Deed book and page no.:
DB 33772; PG 332
✓ Yesr No
✓ Yes 6 No
2c. Contact Person:
William Stafford Gordon, III

2d.Address
Street Address
9725 Hatfield Road
Address Line 2
(Sty State/ Rovince / !Region
Charlotte NC
Postal / Zip Cork Country
28278 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Sellprops Carolina Corp, LLC
2b. Deed book and page no.:
DB 26110; PG 985
2c. Contact Person:
Richard E. Sellentin
2d.Address
Street Address
111 North Pompano Beach Blvd
Address Line 2
Unit 1712
Oty State/ Province/ !Region
Pompano Beach FL
Postal / Zip Code Country
33062 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Corey Gibson
3b. Business Name:
Middleburg Communities - POC: Steve Farmartino
3c.Address
Street Address
109 Wappoo Creek Drive
Address Line 2
Suite 1-B
aty State/ Province/ !Region
Charleston SC
Postal / Zip Code Country
29412 USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kelly Roth
4b. Business Name:
McAdams
4c.Address

Street Address
2905 Meridian Parkway
Address Line 2
(7ty State / Province / legion
Durham NC
Postal / Zip aide Country
27713 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
()F appropriate)
NA
lc. Nearest municipality/ town:
Charlotte
2. Project Identification
2a. Property Identification Number:
20122103 & 20122117
2b. Property size:
32
2c. Project Address
Street Address
13925 Erwin Road
Address Line 2
(7ly State / Province/ legion
Charlotte NC
Postal / Zip Code Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Polk Ditch
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030108
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:*
Most of the project area consists of young forest that has grown up from old fields. The remaining portion of the site consists of maintained fescue. Land use in the vicinity of the project
consists primarily of single and multi -family development interspersed with commercial, institutional, and small farm uses. Figure 1 depicts the location of the project area on the US
Geological Survey (USGS) Fort Mill, SC 7.5-minute quadrangle topographic map. Figure 2 shows the location of the project area on the Web Soil Survey map. Figure 3 depicts the
subject property on an aerial photograph of the area.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes G No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
3
4g. List the total estimated linear feet of all existing streams on the property:
860
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a multi -family development to serve the current and future residents of Charlotte.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*

The project is a multi -family residential development including necessary infrastructure and residential amenities including parking areas, garages, stormwater control measures, and a
clubhouse/pool complex. Existing conditions, site plan, detailed impacts maps, and cross -sections are attached (WD1.0-5.0) The project involves a road crossing of a stream and
wetland complex and impacts to a wetland to accommodate the grading required to tie the development into the access road. A turn lane will be added to S. Tryon Street, but will not
require an extension of the existing culvert or fill slope. See STA: 5+34 of the attached S. Tryon Cross Sections - C7.21. A greenway trail is proposed to connect the areas of
development using pedestrian bridges at each stream crossing.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
6 Yes
Comments:
r No C Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary a Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2019-00328
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Jennifer Burdette
McAdams
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
On April 14, 2021, an approved jurisdictional determination was issued for the project area. A stormwater detention pond on the site was excluded from Clean Water Act jurisdiction.
Approximately 0.26 acre of wetlands has developed within the pond. The pond is an isolated, man-made pond constructed for stormwater management purposes, which is exempt from
the Isolated Wetlands and Isolated Waters Rule (15A NCAC 02H .1301). The wetland portion of the pond is classified as a basin wetland whose impacts are authorized by the State
General Permit for Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Surface Waters (Permit Number IWGP100000) without written approval from DWR.
6. Future Project Plans
6a. Is this a phased project?*
r Yes t: No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
17 Wetlands IJ Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
r Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
Impact Area 1 -
A
fill
P
Headwater Forest
W2
Yes
Both
0.035
(acres)
Impact Area -
B2 -
fill
P
Headwater Forest
W2
Yes
Both
0.067
(acres)
Impact Area 2 -
C
fill
P
Headwater Forest
W2
Yes
Both
0.167
(acres)
Impact Area - D
fill
P
Headwater Forest
W2
Yes
Both
0.013
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.282
2i. Comments:
2g. Total Permanent Wetland Impact
0.282
3. Stream Impacts

3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*
81
Rd Crossing - Imp Area 2
Permanent
Culvert
S1
Intermittent
Both
7
Average (feet)
96
(linear feet)
$2
Rd Crossing - Imp Area 2
Temporary
Other
S1
Intermittent
Both
7
Average (feet)
59
(linear feet)
S3
Rd Crossing - Imp Area 2
Temporary
Other
S1
Intermittent
Both
7
Average (feet)
14
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
96
3i. Total stream and ditch impacts:
169
31. Total temporary stream impacts:
73
3j. Comments:
Temporary impacts to the stream up and downstream of the culvert are necessary for construction access. Pre -construction contours will be restored
after the installation of the culvert.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant utilized a previous delineation of surface waters and wetlands to design a site plan to avoid and minimize impacts to these resources to
the maximum extent practicable. A stream and large wetland areas bisect the project area. Two access points are required to provide safe ingress and
egress for the number of residents that will occupy the proposed apartments specifically those located on the north side. The road crossing was
aligned to cross the complex with the least amount of stream and wetland impact and designed with retaining walls to minimize the impacts. The culvert
will be buried one foot to maintain aquatic life passage as shown on the attached cross -sections (WD4.1 & 4.2). A small amount of additional wetland
impact is also required to tie the development into the access road and ensure that the final grade directs water into the SCM to prevent water from
being impounded against the retaining wall. Pedestrian bridges will be used for the greenway trail to avoid additional stream impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Sediment and Erosion Control Plan for the project will be developed and approved by the City of Charlotte and the project will comply with the
supplementary NPDES Construction Stormwater Permit (NCG010000).
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
6 Yes rNo
2c. If yes, mitigation is required by (check all that apply):
I7 DWR fJ Corps
2d. If yes, which mitigation option(s) will be used for this project?
n Mitigation bank 17 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.
6 Yes r No
4b. Stream mitigation requested:
(linear feet)
100
4d. Buffer mitigation requested (DWR only):
(square feet)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0.30
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
It is our understanding from previous projects that stream and wetland mitigation are required for any amount of impact in the Charlotte watershed.
Based on the high quality of the stream channel impacted (96 If), stream mitigation is proposed at a ratio of 2:1 for a total of 192 stream credits.
Because stream credits are only available within the expanded service area, we understand that 384 credits are required to satisfy this mitigation.
Based on the high quality of the wetland impacted (0.28 ac), wetland mitigation is proposed at a ratio of 2:1 for a total of 0.56 wetland credits. Because
wetland credits are also only available within the expanded service area, we understand that 1.1 credit is required to satisfy this mitigation. If less
mitigation would be acceptable to ensure the project has no more than minimal adverse impact, we request the mitigation requirement to be revised
accordingly.

6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
✓ Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes (7 No
If no, explain why:
There is no riparian buffer on the site.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes G No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 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?
s Yes
✓ N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
17 Local Government r State
Local Government Stormwater Programs
[7 Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Charlotte
r No
Comments:
The proposed infrastructure for Erwin Road Apartments is separated by an existing stream that splits the project into a north and south section. This includes the construction of one
wet detention pond on the north side of the site and a bio-retention system on the south side of the site. The overall site is composed of 10 proposed multi -family buildings, garages, a
clubhouse, and a pool. The runoff generated on the proposed development shall be collected in an onsite storm drain system and conveyed to the proposed wet pond and bio-
retention, which have been designed to provide water quality (85% TSS removal), and peak control 10 year-6 hour storm, and 25 year-6 hour storm (Wet Pond Only- to over -detain for
contributing area to bio-retention). The overall runoff shall exit into the existing stream, maintaining the existing drainage pattern.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
✓ Yes f• No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes ( No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes ( No
3b. If you answered "no," provide a short narrative description.
The proposed project is an apartment complex that is not anticipated to result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
6 Yes r No r N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
The project will be connected to the City of Charlotte's sanitary sewer system.

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?*
( Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes C No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes r No
r No r Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
✓ Yes r No
5g. Does this project involve bridge maintenance or removal?
✓ Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes r No
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.?
✓ Yes rNo
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
On January 21, 2020, McAdams requested a species list using US Fish and Wildlife (USFWS) IPaC online tool and potential occurrences information
from the NC Natural Heritage Program (NC NHP) for the project area, respectively. USFWS identified the following protected species that may occur
within the boundary of the proposed project and/or affected by the proposed project: northern long-eared bat (Myotis septentrionalis) — T, Carolina
heelsplitter (Lasmigona decorata) — E, Michaux's sumac (Rhus michauxii) — E, Schweinitts sunflower (Helianthus schweinitzii) — E and smooth
coneflower (Echinacea laevigata) — E. NC NHP reported that there were no element occurrences of these species within one mile of the project area.
McAdams conducted a survey on January 22, 2020. Because the survey was conducted well outside of the appropriate survey windows for the
species identified to have suitable habitat on -site, an additional survey during the optimal survey window is required to evaluate the project's effect on
protected species. Email correspondence with Byron Hamstead, USFWS is attached.
Middleburg Communities has engaged Three Oaks Engineering to complete follow-up surveys. The results of these surveys will be provided upon
completion. The species conclusion table detailing the results for the northern long-eared bat and Carolina heelsplitter is attached.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes ( No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The Essential Fish Habitat (EFH) Mapper (https://www.habitat.noaa.gov/protection/efh/efhmapper) was accessed on June 10, 2021.
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?*
✓ Yes f• No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
After McAdams requested an environmental review of the project area, NC SHPO issued a letter on February 14, 2020, indicating that they are aware
of no historic resources that would be affected by the project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes ( No
8c. What source(s) did you use to make the floodplain determination?*
FIRM Map Number 3710450000K, effective 9/2/2015
Miscellaneous L)
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
nick the upload button or drag and drop files here to attach docurrent
00-2021210169-Erwin Ltr & PCN Attachments. pdf 14.47MB
Rle crust be FIT or KEE
Comments
Signature
1

17 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:
Jennifer Burdette
Signature
Cr*X40t ealeesfs
Date
6/11/2021

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
TIM BAUMGARTNER
Director
Steve Farmartino
Middleburg Communities
1921 Gallows Road, #700
Vienna, VA 22182
NORTH CAROLINA
Environmental Quality
June 2, 2021
Expiration of Acceptance: 12/2/2021
Project: Erwin Road Apartments County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Catawba
03050103
Riparian Wetland
0.30
Catawba
03050103
Warm Stream
100
*DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
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: Jennifer Burdette, agent
D_E
NORTH CAROLINA �/
Department of Environmental Oual
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

Burdette, Jennifer
From: [e-mail]
Sent: Wednesday, May 12, 2021 10:30 AM
To: Burdette, Jennifer
Subject: Pre -Filing Meeting Request Acknowledgement - Erwin Road Apartments - Ver
Attachments: DWR Pre -Filing Meeting Request Form.pdf
CAUTION: This email is NOT from McAdams. DO NOT click links or open attachments unless you verify the sender and content.
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Erwin
Road Apartments that you submitted on 5/11/2021. Attached is a copy of your request.
All certification requests (applications) must include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request.
The Division can not accept an application for your project earlier than 30 days from this pre -filing meeting
request. Applications that do not meet this 30-day requirement will be returned.
Please save this email/attachment; it must be submitted with your application to document that this
requirement has been met.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address,
as responses are not monitored.
i

DWR Pre -Filing Meeting Request Form
Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:*
Jennifer Burdette
[e-mail]
Middleburg Communities
Erwin Road Apartments
Mecklenburg
Street Address
109 Wappoo Creek Drive, Ste 1-B
Address Line 2
City State / Rovince / Region
Charleston SC
Fbstal / Zip Code Country
29412 United States
Is this a transportation project?* r Yes c: No
Type(s) of approval sought from the DWR:
l 401 Water Quality Certification - I— 401 Water Quality Certification -
Regular Express
I— Individual Permit I— Modification
I— Shoreline Stabilization
Does this project have an existing project ID#?*
(' Yes c: No
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below and include location information.*
The project consists of a proposed apartment complex on 31 acres.
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.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• !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
5/11/2021

la MCADAMS NATIONWIDE PERMIT 29/GC 4256 > 2021210169
June 11, 2021
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RE: Nationwide Permit 29/GC 4256
Erwin Road Apartments
Charlotte, Mecklenburg County, North Carolina
2021210169
To Whom It May Concern:
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury St.
Archdale Bldg. 9th Floor
Raleigh, NC 27604
On behalf of Middleburg Communities, we are applying for a Nationwide Permit 29 from the US Army Corps of
Engineers (USACE) and a Water Quality Certification 4256 from the NC Division of Water Resources (DWR) for
proposed impacts to jurisdictional waters associated with the project known as Erwin Road Apartments. The project
area is located between Erwin Road and S. Tryon Road approximately 1200 feet southeast of Erwin Road's
intersection with S. Tryon Road in Charlotte, North Carolina. The table of contents following this letter lists the
attachments that are included as part of this permit application.
Consideration of this project is greatly appreciated. If you should have any questions or require additional
information, please contact me at [phone].
Sincerely,
MCADAMS
'fot/t
Kelly Roth, PWS
Environmental Consultant II
cc: Steve Farmartino, Middleburg Communities (via [e-mail])
creating experiences through experience 1 of 2
7

2 MCADAMS NATIONWIDE PERMIT 29/GC 4256 > 2021210169
Table of Contents
1. Property Owner Certification/Agent Authorization Forms 3
Gordon 4
Sellprops 5
Middleburg Communities 6
2. Figures 7
Figure 1— USGS Quad 8
Figure 2A — NRCS Web Soil Survey 9
Figure 3—Aerial Map 10
WD1.0 — Existing Conditions 11
WD2.0 — Proposed Site Plan & Impact Areas 12
WD3.0 — Impact Area 1 13
WD4.0 — Impact Area 2 14
WD4.1 — Impact Area 2 Culvert Section Profile 15
WD4.2 — Impact Area 2 Culvert Upstream Profile 16
WD5.0 — Impact Area 3 17
S. Tryon Cross Sections 18
3. Jurisdictional Determinations 19
USACE AJD 20
4. Endangered Species Documentation 27
USFWS Species Conclusion Table 28
USFWS Email 29
5. Cultural Resources Documentation 30
NC SHPO Letter 31
creating experiences through experience 2 of 2
7

2 MCADAMS NATIONWIDE PERMIT 29/GC 4256 > 2021210169
1. PROPERTY OWNER CERTIFICATION/AGENT
AUTHORIZATION FORMS
creating experiences through experience

Project Name: Steele Creek Apartments
Project Manager: Brandon Plunkett/ Jennifer Burdette
Property Owner Certification Information
Parcel Information
Street Address:
City, State:
County:
Parcel Index Number(s) (PIN):
12100 5 Tryon Street
Charlotte, NC
Mecklenburg
20122103
Property Owner Information
Name:
Title (if applicable):
Mailing Address:
Telephone Number:
Electronic Mail Address:
Charles Andrew Gordon, Jeffrey Stuart Gordon, and William Stafford Gordon III
9725 Hatfield Road
Charlotte, NC 28278
Zoo - _bY l - sos y`f
Property Access Certification
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) to enter upon the property herein described for the purpose of conducting on -site investigation,
if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act
and/or Section 10 of the Rivers and Harbors Act of 1899. I, the Undersigned, am either a duly authorized
owner of record of the property identified herein or acting as the duly authorized agent of the owner of
record of the property.
,(` 1 i9 rd (�efd on
pigame
Capacity: ® Owner ❑ Authorized Agent
3--9 -Z(
Date
Siviature
Project Number: 2021210169

Project Name: Steele Creek Apartments
Project Manager: Brandon Plunkett/ Jennifer Burdette
Property Owner Certification Information
Parcel Information
Street Address:
City, State:
County:
Parcel Index Number(s) (PIN):
13925 Erwin Road
Charlotte, NC
Mecklenburg
20122117
Property Owner Information
Name:
Title (if applicable):
Mailing Address:
Telephone Number:
Electronic Mail Address:
Sellprops Carolina Corp LLC
111 North Pompano Beach Blvd, Unit 1712
Pompano Beach, FL 33062
qsq • oci77
CASE% . Se //- "i C' 9mcu f . (bra
Property Access Certification
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) to enter upon the property herein described for the purpose of conducting on -site investigation,
if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act
and/or Section 10 of the Rivers and Harbors Act of 1899. I, the Undersigned, am either a duly authorized
owner of record of the property identified herein or acting as the duly authorized agent of the owner of
record of the property.
c se. i] y).
Print Name
Capacity: ® Owner Authorized Agent
Project Number: 20122117
Owner/ Manager for Sellprops Carolina Corp LLC

J MCADAMS
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Contract Purchaser
FIELDS WITH * ARE REQUIRED
PIN(s):
20122103 & 20122117
Name:
Middleburg Communities- POC: Steven Farmartino
Address:
109 Wappoo Creek Drive, Suite 1-B Charleston, South Carolina 29412
*Phone:
[phone]
*Email:
[e-mail]
Project Name:
Steele Creek Apartments
Project Number:
2021210169
Project Manager:
Brandon Plunkett/ Jennifer Burdette
US Army Corps of Engineers — Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Re: Wetlands Related Consulting and Permitting
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
To Whom It May Concern:
I hereby designate and authorize The John R. McAdams Company, Inc. to act on my behalf as my agent in obtaining
verification of wetland delineations and processing of permit applications for the project listed above.
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean
Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
Corey Gibson
*Print Contractor Purchaser Name *Signature
Chief Financial Officer March 12, 2021
Title (if applicable) *Date
creating experiences through experience 2905 Meridian Parkway, Durham, NC / 919. 361. 5000

la MCADAMS NATIONWIDE PERMIT 29/GC 4256 > 2021210169
2. FIGURES
creating experiences through experience

NOTES:
1. USGS; 7.5 MINUTE, QUAD, FORT MILL , SOUTH CAROLINA; 2017
2. LAT: 35.112891, LONG:-80.977368
gij
MCADAMS
FIGURE 1. USGS TOPOGRAPHIC MAP
STEELE CREEK APARTMENTS
CHARLOTTE, MECKLENBURG COUNTY, NC
0 1,000 2,000
Feet
1 inch = 2,000 feet
VERSION: 1
DATE: 3/18/2021
JOB NO: 2021210169
DRAWN BY: bloom
M:\Projects\MidCom\2021210169\04-Production\Natural Resources\GIS\2021210169_Fig1USGS.mxd, 3/18/2021 1:52:45 PM, bloom

Map Unit Symbol
I rA
IrB
LL
Legend
Project Area
Soil Unit
Streets
Map Unit Name
Iredell fine sandy loam, Oto 1 percent slopes
Iredell fine sandy loam, 1to 8 percent slopes
Source:
USDA;
it
Hydric
Yes
Yes
E'sri, Ma Caro Geo`a e, Earihstar Geo{graphibs, ( IMAirbus DS
oAeroG'RIDIIGN, nd the GIS User Community
NOTES:
1. Web Soil Survey SSURSGO Spatial Data: Mecklrnburg County (Version 6, Sep 16, 2019)
gij
MCADAMS
FIGURE 2. NRCS SOIL SURVEY
STEELE CREEK APARTMENTS
CHARLOTTE, MECKLENBURG COUNTY, NC
0 200 400
Feet
1 inch = 400 feet
VERSION: 1
DATE: 3/18/2021
JOB NO: 2121210169
DRAWN BY: bloom
M:\Projects\MidCom\2021210169\04-Production\Natural Resources\GIS\2021210169_Figure 2 SS Map.mxd, 3/18/2021 2:22:19 PM, bloom

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la MCADAMS NATIONWIDE PERMIT 29/GC 4256 > 2021210169
2. JURISDICTIONAL DETERMINATION
creating experiences through experience

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00238 County: Mecklenburg U.S.G.S. Quad: NC- Fort Mil
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Middleburg Communities
Steven Farmartino
109 Wappoo Creek Drive, Suite 1-B
Charleston, SC 29412
757-802-5149
s f a rm a rtin o (a, liv e m id d l eb u rg. co m
31 Nearest Town Charlotte
Walker Branch River Basin Santee
03050103 Coordinates Latitude: 35.113508
Longitude: -80.977295
Location description: The review area is located on the north side of Tryon Street; approximately 1.2 miles northeast of the
intersection of Tryon Street and Steele Creek Road. PINs: 20122103 and 20122117. Reference review area description shown
in Jurisdictional Determination Request package entitled "Figure 1, USGS Topographic Map" and dated 03/18/21.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ 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

SAW-2019-00238
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-revnolds(a,u sace.armv.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 4/14/2021.
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 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 05/31/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: 2021.04.14 11:00:05 -04'00'
Date of JD: 4/14/2021 Expiration Date of JD: 03/31/2026

SAW-2019-00238
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/cmapex/f?p=136:4:0
Copy furnished:
Agent: McAdams Company
Jennifer Burdette
Address: 2905 Meridian Parkway
Durham, NC 27713
Telephone Number: 919-422-3605
E-mail: burdette(a,mcadamsco.com

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 4/14/2021
ORM Number: SAW-2019-00238
Associated JDs: N/A
Review Area Location': State/Territory: City: Charlotte County/Parish/Borough: Mecklenburg
Center Coordinates of Review Area: Latitude 35.113508 Longitude -80.977295
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section II.B).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
Cx� There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N/A
N/A
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
(a)(1) Name
(a)(1) Size
(a)(1) Criteria
Rationale for (a)(1) Determination
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
Stream 1
860
linear
feet
(a)(2)
Intermittent
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Stream 1 has typical characteristics of an
intermittent stream channel located within the
Piedmont.
Map(s)/figure(s) are attached to the AJD provided to the requestor.
'If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Forni Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name
(a)(3) Size
(a)(3) Criteria
Rationale for (a)(3) Determination
N/A.
"""
N/A.
N/A.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Wetland 1
2.04
acre(s)
(a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
Wetland 1 abuts intermittent Stream 1.
Wetland 2
1.11
acre(s)
(a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
Wetland 2 abuts intermittent Stream 1.
D. Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Open Water 1
0.26
acre(s)
(b)(10)
Stormwater
control feature
constructed or
excavated in
upland or in a
non -
jurisdictional
water to convey,
treat, infiltrate,
or store
stormwater
runoff.
A previous Corps site visit on 03/29/19 and
determined this feature was a stormwater
pond created in uplands.
Excluded
Wetland 1
0.33
acre(s)
(b)(1) Non-
adjacent
wetland.
Excluded Wetland 1 has no connection to
downstream jurisdictional waters.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
❑x Information submitted by, or on behalf of, the applicant/consultant: Figures 1-4
This information is sufficient for purposes of this AJD.
Rationale: N/A
❑ Data sheets prepared by the Corps: .le(s) and/or date(s).
❑x Photographs: Aerial: Figure 3, Aerial Map (Dated 03/18/21) and Figure 4, Approved Jurisdictional
Determination Map (Dated 04/13/21)
Corps site visit(s) conducted on: 03/29/19
' Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
❑x USDA NRCS Soil Survey: Figure 2, NRCS Soil Survey (Web Soil Survey of Mecklenburg County)
❑ USFWS NWI maps: Title(s) and/or aate(s,
❑x USGS topographic maps: Figure 1, USGS Topographic Map (7.5-minute quadrangle Fort Mill, NC)
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
USGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
N/A.
Other Sources
N/A.
B. Typical year assessment(s): The consultant (i.e., McAdams Company) conducted a site visit on
12/19/18. The Antecedent Precipitation Tool (APT) was used for this date and determined the site
was under wetter than normal conditions. The Corps conducted a site visit on 03/29/19. The APT
was used for this date and determined the site was under wetter than normal conditions.
C. Additional comments to support AJD: See Section II(D) Excluded Waters or Features for further
analysis on Open Water 1 and Excluded Wetland 1.
Page 2 of 2 Form Version 10 June 2020 updated

Excluded Open Water 1
+/- 0.26 ac
Exclusion (b)(10)
Parcels
2-ft Contours
I Project Area
Notes:
1.) Fieldwork was completed December 17-18, 2018.
2.) Verified by David Shaeffer, USACE on March 29, 2019.
FIGURE 4.APPROVED JURISDICTIONAL DETERMINATION MAP
STEELE CREEK APARTMENTS
CHARLOTTE, MECKLENBURG COUNTY, NC
Wetland 2
+/- 1.11 acres
urisdicational (a)(4) water)
0 100 200
Feet
1 inch = 200 feet
VERSION: 2
DATE: 4/13/2021
JOB NO: 2021210169
DRAWN BY: burdette
M:\Projects\M:dCom\2021210169\ 04-Production\Natural Resources\GIS\2021210169_Fig4 Site Map Verified-AJD.mxd, 4/13/2021 5'.50'.57 PM, burdette

la MCADAMS NATIONWIDE PERMIT 29/GC 4256 > 2021210169
4. ENDANGERED SPECIES DOCUMENTATION
creating experiences through experience

Species Conclusions Table
a)
c0
Steele Creek A
Project Name:
Date: 1/23/2020
N
N
N
a)
a)
co
O
U)

Bloom, Amanda
From: Hamstead, Byron A <[e-mail]>
Sent: Friday, March 12, 2021 2:03 PM
To: Bloom, Amanda
Subject: Re: [EXTERNAL] RE: Steele Creek Apts
Attachments: CTP18000_SteeleCkApts_T&E Request Pkg_Optimized.pdf
CAUTION: This email is NOT from McAdams. DO NOT click links or open attachments unless you verify the sender and content.
Hi Amanda,
As you know, survey results collected outside of the optimal survey window should not be used to inform a prudent
effect determination from the applicable action agency. The botanical surveys referenced in your correspondence were
conducted in January and are well outside of the appropriate survey windows for the species documented to have
suitable habitat onsite. I strongly encourage you to provide this office with botanical survey results collected during the
optimal survey window to support a defensible action agency determination. In lieu of surveys, your client may choose
to identify impact avoidance and minimization measures to ensure that suitable habitats within the action area remain
undisturbed.
You also indicate that no live mussels were detected during your January 22, 2020 evaluations. Please know that
requisite federal collection permits (pursuant to section 10 of the ESA) are required to survey for Carolina heelsplitter.
Please let me know if you have questions. Email is best for me these days, but we can also set up a time to discuss via
phone.
Regards,
Byron
Byron Hamstead
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third
parties.
From: Bloom, Amanda <[e-mail]>
Sent: Friday, March 12, 2021 12:51 PM
To: Hamstead, Byron A <[e-mail]>
Subject: [EXTERNAL] RE: Steele Creek Apts
1

2 MCADAMS NATIONWIDE PERMIT 29/GC 4256 > 2021210169
5. CULTURAL RESOURCES DOCUMENTATION
creating experiences through experience

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
February 14, 2020
Re: Develop Steele Creek Apartments, 12100 South Tryon Road, Charlotte, ER 20-0218
Dear Ms. Burdette:
Thank you for your letter of January 24, 2020, regarding the above -referenced undertaking. We have reviewed
the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.review@a,ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
‘k.fLa\‘a-&,Itt
amona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599