20211565 Ver 1_Toomey PCN Attachments_20211028

iv:._ Natural Resource Consultants
Toomey Avenue Multi -Family
(USACE AID: SAW-2021-00143)
List of Attachments
Agent Authorization Forms
Figure 1. US Geological Survey (USGS) Charlotte East, NC 7.5-minute Quadrangle Topographic Map
Figure 2. NRCS Web Soil Survey Map
Figure 3. Aerial Map
Toomey Avenue Impact Map Set (EX-1-EX-7)
Approved Jurisdictional Determination —March 17, 2021
Enhanced Landscape Plan
USFWS Letter — October 15, 2021

Agent Authorization Forms

iXftatural Rmurce
onsulta
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Property Owner
FIELDS WITH * ARE REQUIRED
Project Area PIN(s):
11906424, 11906429, 11906417, and 11906420
Name:
704 West Tremont Owner, LLC
Address:
4445 Willard Ave, Ste 900, Chevy Chase, MD 20815
Phone:
[phone]
Email:
[e-mail]
Project Name:
Toomey Site
Project Number:
21037
Project Manager:
Jennifer Burdette
US Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Branch
3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street
Wake Forest, NC 27587 Raleigh, NC 27604
Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting
To Whom It May Concern:
I hereby designate and authorize Natural Resource Consultants 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 Natural Resource Cons a 'staff.
,$
Print Property Owner Name Signature
UICE P0,51or'T
"Title
1011 s %11
Date
10212 Creedmoor Road, Raleigh, NC 1919. 422 3605

ix,N,10tUF3I Resource
nsultants
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Property Owner
FIELDS WITH * ARE REQUIRED
Project Area PIN(s):
11906428
Name:
2213/2218 Toomey Avenue Owner, LLC
Address:
4445 Willard Ave, Ste 900, Chevy Chase, MD 20815
. Phone:
[phone]
'Email:
[e-mail]
Project Name:
Toomey Site
Project Number:
21037
Project Manager:
Jennifer Burdette
US Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Branch
3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street
Wake Forest, NC 27587 Raleigh, NC 27604
Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting
To Whom It May Concern:
I hereby designate and authorize Natural Resource Consultants 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 Natural Resource Consultants' staff.
)AM �oi Sr
'Print Property Owner Name Signature
V C6 P6.,IVr<
Title
10451Zoz)
Date
10212 Creedmoor Road, Raleigh, NC; 919. 422. 3605

AGENT All "ruORIZATION FORM
All Blanks To Be Filled In By The Current Developer
FIELDS WITH * ARE REQUIRED
Project Area PIN(s):
11906424, 11906429, 11906417, 11906420 and 11906428
Name:
Abacus Capital
Address:
1200 E Morehead St, Ste 280, Charlotte, NC 28204
Phone:
[phone]
Email:
[e-mail]
Project Name:
Toomey Site
Project Number:
21037
Project Manager:
Jennifer Burdette
US Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Branch
3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street
Wake Forest, NC 27587 Raleigh, NC 27604
Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting
To Whom It May Concern:
I hereby designate and authorize Natural Resource Consultants 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 developer 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: Yhis authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by Natural Resource Consultants' staff.
Mason Ellerbe
Print Developer Name Signature
Principal
Title
10/19/21
Date
10212 Creedmoor Road, Raleigh, NC / 919.422. 3605

Figure 1. US Geological Survey (USGS) Charlotte East, NC 7.5-minute Quadrangle Topographic Map

N
IN
f
27
44
4
At All
�d
Ll 5�
� � O�+c' ❑
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yo<
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� GIR
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Legend
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9
9
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N
'` t tU' a
Project Area�'�
D
�P
NOTES:
1. USGS; 7.5 MINUTE, QUAD, CHARLOTTE EAST, NORTH CAROLINA; 2019
2. LAT 35.212112, LONG:-80.870633
3. The oroiect area is aooroximately 9 acres in size.
Natural Resource
Consultants
FIGURE 1. USGS TOPOGRAPHIC MAP
TOOMEYAVENUE
CHARLOTTE, MECKLENBURG COUNTY, NC
0 1,000
2,000
Feet
1 inch = 2,000
feet
VERSION:
2
DATE:
10/28/2021
JOB NO:
21037
DRAWN BY:
Jennifer

Figure 2. NRCS Web Soil Survey Map

Hydric
Map Unit Soil
Symbol Map Unit Name Rating
CuB Cecil -Urban land complex, 2 to 8 percent slopes No
CuD Cecil -Urban land complex, 8 to 15 percent slopes No
/ Ilk
f
s 44,
971,
4
ggg
y
r,
Legend
� T
Project Area `
o
Soil Map Unit
NOTES:
Web Soil Survey SSURGO Spatial Data: Mecklenburg County (Version 6, Sep 16, 2019)
0 75 150
FIGURE 2. NRCS WEB SOIL SURVEY Feet
TOOM EY AVEN U E 1 inch = 175 feet
Natural Resource CHARLOTTE, MECKLENBURG COUNTY, NC VERSION: 2
DATE: 10/28/2021
Consultants JOB NO: 21037
DRAWN BY: Jennifer
C:\Users\NRC\NRC Server\Projects\21037 Toomey\GIS\21037-Toomey-Fiq 2 Web SS.mxd, 10/28/2021 3:44:25 PM, Jennifer

Figure 3. Aerial Map

Toomey Avenue Impact Map Set (EX-1-EX-7)

�i ssss �\ \
NON JURISDICTIONAL /
ISOLATED WETLAND W1 — / \
APPROX. LOCATION OF
TOP OF BANK (TYP.)
APPROX. LOCATION OF
STREAM S1 — ±107 LF
ol
PROPERTY LINE (TYP.)
APPROX. LOCATION OF
TOP OF BANK (TYP.) /
APPROX. LOCATION OF
STREAM S2 — ±203 LF /
I I I• I JURISDICTIONAL WETLAND \/ �/ �\ APPROX. LOCATION OF /
W2 — t0.005 AC / / \ TOP OF BANK (TYP.) /
APPROX. LOCATION OF
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3430 Toringdy
to 0 Wa
CM1arlotte, NC 28277
phone 704,52 0800
fax [phone]
licenxe C-0293
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number:
m adam=en. 0m
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PLAN INFORMATION
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EXISTING CONDITIONS OVERVIEW
CHEHECCKEDKED BY
CBW
JBW 0Imp2R&hma
TOOMEY AVENUE
DRAWN BY
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CHARLOTTE, NORTH CAROLINA 28203
SCALE
DATE
1"=100'
10. 15. 2021

r.
ss—
f"?NONJURISDICTIONAL ISOLATED
E
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�_ Im; APPROX. LOCATION OF
1 'Wn
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JURISDICTIONAL WETLAND
PERM ANENT IMPACT WP2 — SEE
'
EX-7 IMPACT INSET
'
SEE
EX-7 IMPACT
IN
r
PROPERTY LINE (iYP.)
SEE EX-3 IMPACT INSET \
1 �V,rSTREAM
\
PERMANENT IMPACT SP1\
— SEE EX-4 IMPACT INSET \
—STREAM PERMANENT IMPACT SP2 \
— SEE EX-5 IMPACT INSET
—APPROX. LOCATION OF
STREAM S2 — ±203 LF /
SEE EX-6 IMPACT INSET /
\ APPROX. LOCATION OF /
STREAM S3 — ±260 LFj
EXISTING
TREMONT AVENUE
(50' PUBLIC R/W)
(MB 6, PG 403)
SITE LEGEND
PROPERTY LINE
RIGHT—OF—WAY LINE
LOT LINE
SETBACK LINE
EASEMENT LINE
WETLANDS
'� r'' , \\ ♦ 250 MAJOR CONTOUR
252 MINOR CONTOUR
-- EXISTING MAJOR CONTOUR
252------- EXISTING MINOR CONTOUR � -----
I \Ik
EXISTING I EXISTING
TOOMEY AVENUE VILLAGE COURT
(50' PUBLIC R/W) (50' PUBLIC R/W)
(MB 27, PG 830) (MB 6, PG 403)
OVERALL % IMPERVIOUS = ±89%
EX-2 (9.04 AC/10.20 AC)
ole =,AOA,Aa Oao 0a ttla E ohee , rre , or.wh = AaA=ooadlmna l E.b b«bwR .0,2l/M 1211 a,11,o /V /2
GRAPHIC SCALE
0 50 100 200
1 inch = 100 ft.
PLAN INFORMATION
TOOMEY AVENUE MULTI -FAMILY PROJECT NO. ABA-20040
0Imp2R&hma
OVERALL IMPACT OVERVIEW 1BW
CHECKED JBW
CHECKED BY
TOOMEY AVENUE DRAWN BY SRM
CHARLOTTE, NORTH CAROLINA 28203 SCALE "'—'Oo
DATE 10. 15.5. 2021
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0 10 20 40
1 inch = 20 ft.
Th mh,R. AdamscOmnanv,inc. PLAN INFORMATION
3—T°rl°g°° , TOOMEY AVENUE MULTI -FAMILY smle uo PROJECT NO. ABA-20040
Cbarlotte, NC 2227J
IMPACT INSET FILENAME AaazoosolRlPaaEnma
pbone 704,52 0800 CHECKED BY JEW
fax[phone]I TOOMEY AVENUE DRAWN BY SRM
licenxe number: C-0293
MCADAMS CHARLOTTE, NORTH CAROLINA 28203 SCALE 10. 15
w.mcadamscacom DATE 10. 15. 2021

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IMPACT INSET FILENAME AaazoosolRlPaaEnma
phone 704,52 0800 CHECKED BY JEW
f_'19. 361. 3369 TOOMEY AVENUE DRAWN BY SRM
licenxe number: C-0293
MCADAMS CHARLOTTE, NORTH CAROLINA 28203 SCALE 1­101
5
w.mcadamscacom DATE 10. 15. 2021

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IMPACT INSET
FILENAME F&A20040ImpaR &h161t
phone 704,527. 0800
f_'19. 361. 3369
TOOMEY AVENUE
CHECKED BY JEW
DRAWN BY SRM
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DATE 10. 15. 2021
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IMPACT INSET CHECKED BY 1BW
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IMPACT INSET FILENAME AaazoosolRlPaaEnma
phone 704,52 0800 CHECKED BY 1BW
f_'19. 361. 3369 TOOMEY AVENUE DRAWN BY SRM
Ii_. number: C-0293
MCADAMS CHARLOTTE, NORTH CAROLINA 28203 SCALE 1­101
5
w.mcadamscacom DATE 10. 15. 2021

Approved Jurisdictional Determination —March 17, 2021

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00143 County: Mecklenburg U.S.G.S. Quad: NC- Charlotte East
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Abacus Captial
Mason Ellerbe
Address: 1200 E. Morehead Street, Suite 280
Charlotte, NC 28204
Telephone Number: 704-390-5580
E-mail: mellerbe(&abacuscapitalusa.com
Size (acres) 8_7 Nearest Town Charlotte
Nearest Waterway Irwin Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.211776
Longitude:-80.870894
Location description: The review area is located on the north side of W. Tremont Avenue; approximately 0.1 east of the
intersection of W. Tremont Avenue and Toomey Avenue. PINs: 11906424, 11906429, 11906420, 11906428, and 11906417.
Reference review area description shown in Jurisdictional Determination Request Dackage entitled "Figure 1, USGS
Topographic Map" and dated 11/03/20.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2021-00143
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&u sace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 3/17/2021.
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 05/14/2021.
**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: 2021.03.17 09:01:43-04'00'
Date of JD: 3/17/2021 Expiration Date of JD: 03/14/2026

SAW-2021-00143
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent:
McAdams Comnanv
Jennifer Burdette
Address:
2905 Meridian Parkway
Durham, NC 27713
Telephone Number:
919-361-5000
E-mail:
burdetteOmcadamsco.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): 3/17/2021
ORM Number: SAW-2021-00143
Associated JDs: \l/A
Review Area Location': State/Territory: City: Charlotte County/Parish/Borough: Mecklenburg
Center Coordinates of Review Area: Latitude 35.21177 Longitude-80.870894
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 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
DX 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
V/A I N/A
C. Clean Water Act Section 404
Territorial Seas and Traditional Navi able Waters a 1 waters :3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Stream S1
82
linear
(a)(2) Perennial
Stream S1 flow regime was verified during the
feet
tributary
Corps site visit.
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Stream S2
220
linear
(a)(2)
Stream S2 flow regime was verified during the
feet
Intermittent
Corps site visit.
tributary
' 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.
s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Stream S3
238
linear
(a)(2) Perennial
Stream S3 flow regime was verified during the
feet
tributary
Corps site visit.
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
a 3 Name
a 3 Size
a 3 Criteria
Rationale fora 3 Determination
N/A
N/A I
N/A.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale fora 4 Determination
Wetland W2
0.009
acre(s)
(a)(4) Wetland
Wetland W2 abuts intermittent Stream S2
abuts an (a)(1)-
(a)(3) water.
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Wetland 1
0.094
acre(s)
(b)(1) Non-
Wetland 1 has no connection to downstream
adjacent
jurisdictional waters.
wetland.
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-
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 and Other: Figure 3, Aerial Map (ESRI Aerial Imagery) and Photographs 1-
12
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
❑x Corps site visit(s) conducted on: 03/10/21
❑ 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 Web Soil Survey (Web Soil Survey of Mecklenburg
County)
❑ USFWS NWI maps: Title(s) and/or date(s`
n USGS topographic maps: Figure 1, USGS Topographic Map (7.5-minute quadrangle Charlotte
West and Charlotte East, 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
Niio
Other Sources
Figure 4, Preliminary Jurisdictional Determination Map (Dated 01/15/21)
and Figure 5, Delineation Flagging Ma Dated 12/30/20
B. Typical year assessment(s): The consultant (i.e., McAdams Company) conducted a stie visit on
10/27/20. 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 03/10/21. 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 Wetland W1.
Page 2 of 2 Form Version 10 June 2020 updated

�/ n
WE
S1 - Perennial
+/- 82 LF
(Jurisdictional Water (a)(2))
C W1-Excluded (b)(1)
+/- 0.094 AC
S2 - Perennial ehm
W2 +/- 220 LF
+/- 0.005 AC ` o (Jurisdictional Water (a)(2))
C) (Jurisdictional (a)(4) Water) 0 j
Q l
I(
S3 - Perennial
+/- 235 LF
n 1 -(Jurisdictional Water (a)(2))
LEGEND o a
QProject Area
— Streets
— — Stream ° o d O
Q Wetland
O
2-ft Contours \ f
NOTES:
1.) VERIFIED BY BRYAN RODEN REYNOLDS ON MARCH 10, 2021.
0 100 200
FIGURE 4. APPROVED JURISDICTIONAL DETERMINATION MAP Feet
TOOMEY AVENUE 1 inch = 200 feet
CHARLOTTE, MECKLENBURG COUNTY, NC VERSION: 1
DATE: 3/16/2021
MCADAMS JOB NO: ABA-20040
DRAWN BY: bloom
M:\Projects\AbacusCap\ABA-20040\04-Production\Natural Resources\GIS\ABA20040 Fig4 Delineation-AJD Verified.mxd, 3/16/2021 9:58:05AM, bloom

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USFWS Letter — October 15, 2021

ua
United States Department of the Interior FSERVIUE
IFE
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
October 15, 2021
Alec Pierzga
Natural Resource Consultants
10212 Creedmore Road
Raleigh, North Carolina 27615
pi erzgagnrconsultnc. com
Subject: Toomey Avenue Mixed -Use Development; Mecklenburg County, North Carolina
Dear Alec Pierzga:
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
email correspondence dated September 17, 2021 wherein you solicit our comments regarding
project -mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, the Applicant proposes to construct a multi -family
residential development, retail space, and appurtenances on approximately 8.7 acres in Charlotte,
North Carolina which is anticipated to require authorization from the U.S. Army Corps of
Engineers for impacts to Waters of the United States. Based on the information provided and
aerial imagery, onsite habitats are highly disturbed due to existing commercial and residential
land uses that dominate the site. Disturbed successional mixed forest, riparian habitats (unnamed
tributaries to Irwin Creek) maintained road rights of way, and transitional edge habitats also
occur onsite.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the action area
(50CFR 402.02) for the federally threatened northern long-eared bat (*otis septentrionalis).
However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of
northern long-eared bat associated with activities that occur greater than 0.25 miles from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during
the pup season (June 1 — July 31). Based on the information provided, the project would occur at
a location where any incidental take that may result from associated activities is exempt under
the 4(d) rule for this species. Although not required, we encourage the Applicant to avoid
any associated tree clearing activities during this animal's maternity roosting season from
May 15 — August 15.

Your biological evaluation indicates that suitable habitat is present within the action area for the
federally endangered Michaux's sumac (Rhus michauxii), Schweinitz's sunflower (Helianthus
schweinitzii), and smooth coneflower (Echinacea laevigata). However, targeted surveys
conducted during the appropriate timeframe (August 24, 2021) did not detect evidence for these
species at that time. Based on the information provided, we believe that the probability for
inadvertent loss of these species is insignificant and discountable and we would concur with a
"may affect, not likely to adversely affect" determination from the action agency.
We believe that suitable habitats do not occur onsite for the federally endangered Carolina
heelsplitter (Lasmigona decorates) or any other federally protected species, and we require no
further information at this time. Please be aware that obligations under section 7 of the
Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this
identified action that may affect listed species or critical habitat in a manner not previously
considered, (2) this action is subsequently modified in a manner that was not considered in this
review, or (3) a new species is listed or critical habitat is determined that may be affected by the
identified action.
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Low Impact Development
We recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can
be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and
store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids
within the concrete.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-21-469.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor