20220109 Ver 1_401 Application_20220120

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#*
20220109
Version* 1
Is this project a public transportation project?* Yes
• No
Reviewer List: * Doug Perez:eads\djperez
Select Reviewing Office: * Mooresville Regional Office - [phone]
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Project Contact Information
Name: Perry Isner
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: Back Creek Townhomes
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Mecklenburg
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Accent_BackCreekTH_PCN_Rapanos_flattened.pdf 10.27MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
NWP 29, SAW-2021-01706
Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');

• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• 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 online form.
Signature:
Submittal Date: 01-20-2022
Is filled in automatically.

a`'�F wArE�°c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑x 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 verified by the Corps?
❑x Yes ❑No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑x No
For the record only for Corps Permit:
El Yes ❑x No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑x Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑x No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑x No
2.
Project Information
2a.
Name of project:
Back Creek Townhomes
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
Back Creek Townhomes
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
WILLIAM H JR LONG
3b.
Deed Book and Page No.
25048-166
3c.
Responsible Party (for LLC if
applicable):
n/a
3d.
Street address:
14115 BETHEL AVE EXTENSION
3e.
City, state, zip:
MIDLAND NC 28107
3f.
Telephone no.:
n/a
3g.
Fax no.:
n/a
3h.
Email address:
n/a
Pagel of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑x Other, specify: Buyer under contract to purchase
4b.
Name:
Jon Nicholls
4c.
Business name
(if applicable):
Accent Homes of the Carolinas
4d.
Street address:
PO Box 481866
4e.
City, state, zip:
Matthews, NC 28269
4f.
Telephone no.:
704.771.8973
4g.
Fax no.:
n/a
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Perry Isner
5b.
Business name
(if applicable):
Wetlands & Waters, Inc.
5c.
Street address:
328 East Broad Street, Suite D
5d.
City, state, zip:
Statesville, NC 28677
5e.
Telephone no.:
704.773.4239
5f.
Fax no.:
n/a
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
05112203
1b.
Site coordinates (in decimal degrees):
Latitude: 35.30606 Longitude:-80.71057
1c.
Property size:
12 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Back Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Yadkin Pee -Dee
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of primarily vacant, forested land. The existing land use in the vicinity of the project is primarily residential.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.97
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 610
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential development in order to meet the growing demand for housing in the region.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the proposed development and supporting infrastructure including internal roads, stormwater facilities, amenties, etc. Typical
earth -moving equipment will be utilized including but not limited to excavator, pan, dump -truck, bulldozer, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑x Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑Preliminary ❑x Final
4c.
If yes, who delineated the jurisdictional areas?
Name (If known): Chris Huysman / Perry Isner
Agency/Consultant Company: W&W, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2021-01706
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑x No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑x No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑x Wetlands ❑x Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.13
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.13
2h. Comments:
Applicant has avoided and minimized to the greatest extent practicable.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Back Creek
PER
Corps
5
79
S2 P
Riprap inlet
UT to Back Creek
PER
Corps
5
20
S3 P
Riprap outlet
UT to Back Creek
PER
Corps
5
40
S4 T
Pump -around
UT to Back Creek
PER
Corps
5
10
S5 T
Pump -around
UT to Back Creek
PER
Corps
5
10
S6 -
Choose one
3h. Total stream and tributary impacts
166
3i. Comments:
Development of a new creek crossing. Total road crossing will be 79 linear feet. Total impact area will be 0.018 ac. Riprap will be pressed into existing
channelbed.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
131
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Site plans have been developed in order to reduce impacts to the greatest extent practicable. Sanitary sewer will be
co -located in internal roadway to further minimize impacts to regulated features. The culvert is necessary to adhere to
local ordinances involving emergency vehicle access.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
An Erosion Control Plan as advised by local NCDEQ authorities will be followed such as installing silt fences along the tributary and creating check
dams where it is found to be appropriate. Permit includes pump around so that construction can occur in the dry.
2. Com pensatory Miti ation for I pacts 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?
❑x Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ x❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑x Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑x Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.13 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: Compensatory mitigation at a 2:1 ratio is proposed to mitigate permanent wetland impacts. No mitigation is proposed for stream impacts as they are below the mitigation threshold.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑x No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
>24
2b.
Does this project require a Stormwater Management Plan?
❑x Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project includes construction of several large, permanent Stormwater Control Measures designed to meet
Phase II standards as shown on the
attached plans.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Charlotte
❑x Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑x No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
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
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
❑x No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑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
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes
❑x No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
[-]Yes
❑x No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
❑x No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Project includes construction of sanitary sewer to tie into existing facilities located along Back Creek Church Road. Sanitary sewer will be co -located
in internal
roadway to further minimize impacts to regulated features.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑x Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑x No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC NHP report lists no documented occurrences of federally protected species within 1 mile of the project area. A site evaluation
of potentially suitable habitats for Schweinitz's sunflower was conducted during the optimal survey window; no previously unidentified
populations were found. Project occurs in known range of NLEB; applicant will defer to Corps for 4D rule assessment.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑x No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA EFH (Essential Fish Habitat) GIS
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑x No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO WebGIS service.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑x Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project engineer to design proposed development to ensure that FEMA requirements are met.
8c. What source(s) did you use to make the floodplain determination?
FEMA National Flood Hazard Layer
Jon T. Nicholls, President
fl"11
01/10/2021
Applicant/Agent's Printed Name
Date
Agent's Signature
Applicante
(Agent's signatures valid only if an authorization
letter from t applicant isprovided.)
Page 10 of 10

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DATE 11.02.21
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
NORTH CAROLINA
Environmental Quality
December 6, 2021
Jon Nichols
Accent Homes Carolinas, Inc.
PO Box 481866
Matthews, NC 28269
Project: Back Creek Townhomes
Expiration of Acceptance: 6/6/2022
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 -d ig it HUC
Impact Type
Impact Quantity
Yadkin
03040105
Riparian Wetland
0.13
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].
Sincerely, //_V�tZ4giykao
FOR James. B Stanfill
Asset Management Supervisor
cc: Perry Isner, agent
D Q North Carolina Department of Environmental Quality I Division of Mitigation Services
f � EUy „1{ L it `IL 217 West Jones Street 1 1652 Mail Service Center I Raleigh. North Carolina 27699-1652
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1:9,028
.,: Local districts & boundares
• Surveyed Only, Gone
0 Both DOE and Study List Boundary
SL districts & boundaries
* SLHD Center Point 0 0.07 0.1$ 0.3 rrti
Local individual resources &-mteryoi is
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= Study List Boundary
* SLDOEHD Center Point
Local Landmark
+ Blockface-Mpe prapeulti l,-
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= Both SL and Determined El,ble Boundary
NRdist,,,ts & boundanes 0 0.13 0.2$ 0.$ km
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Blockface in NRHD
• DOE, Gene
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National Register Boundary
Local HD Center Point
Surveyed Area, No designation
SL and DOE
• SL Individual EMry
Boundary of DestroyedlRamoved NR Listing NO CGIA, Waxer
Surveyed Only Individual resources &centerpoinls
Surveyed Area In NHRD
SL and DOE, Gone
• EL and DOE entry
NRlnd'rvidual resources &centerpoinls
• Surveyed Only
DOE distl - & boundaries
* DOEHD Cents, Paint
• Study List Enby, Gone
• NR Individual Listing
• Su,veyed in NRHD
= Determined Eligible Boundary
* SLDOEHD Center Paint
• SL and DOE, Gone
• NRUi bt g, Gone
North Carolina State Historic Preservation Office
NO CGIA, M—, I

d ■■■
■■ NC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ mum
March 19, 2021
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, INC 28677
RE. Back Creek Church Road
Dear Meagan Jolly:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-14259
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.ciov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCa ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF INATURAL AND CULTURAL RESOURCES
p 121 W JONES STREET, RALEIGH. NC 27603 * 16S1 HAIL Si ICE Cr:NTf R, RALEIGH, rfr_ 27G9g
OFC 919,707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Back Creek Church Road
March 19, 2021
N CN H D E-14259
Element Occurrences Documented Within Project Area
moo Name LdtL Element Accuracy - Federal Global State
Group Observation Occurrence Status Rank RanK
MADate Rank i
Freshwater 14825 Villosa vaughaniana Carolina Creekshell 1993-04-22 H7 3-Medium --- Endangered G2G3 S3
Bivalve
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
manageo 7rea itame Owner Owner Type
Mecklenburg County Open Space - Back Creek Mecklenburg County Local Government
Greenway
NOTE: If the proposed project Intersects with a conse,vation/managed area, please contact the landowner directly fo, additional Icformatioc. If the project Intersects wth a Dedicated Nature Preserve
<UNP), Heglstered Natural I tentage Area (Hi IA), ur hederally-listed species, NCIJI IP staff may provide additional co,respondence rega,ding the o,uject.
Definitions and an explanation of status designations and codes can be found at httus//ncnhde.�atureserve.ora/helia. Data cuery generated on March 19, 2021, source, VCNHP, D4January 2021. Please
resubmit your InformaCion request if move than Ore year elapses before project inlGatun as new Infor-nabon is conGnially added to the NCNj-P database.
Page 2 of 5

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Back
Creek Church Road
March 19, 2021
N CN H D E-14259
Element Occurrences
Documented
Within a One
-mile Radius of the Project
Area
Taxonomic
EO ID
Scientific Name
Common Name
Element
Accuracy
Federal
St
al
State
Group
bservation Occurrence
Date
Park
Status
k
En
Freshwater
14825
Villosa vaughaniana
Carolina Creekshell
1993-04-22
H?
3-Medium
---
Endangered
G2G3
S3
Bivalve
Vascular Plant
16266
Acmispon helleri
Carolina Birdfoot-
1970-08-2S
H
3-Medium
---
Special
GST3
S3
trefoil
Concern
Vulnerable
Vascular Plant
3869
Acrnispon helleri
Carolina Birdfoot-
1958-08-06
H
3-Medium
---
Special
G5T3
S3
trefoil
Concern
Vulnerable
Vascular Plant
11916
Anemone berlandieri
Southern Anemone
1972-03
X?
3-Medium
---
Endangered
G4?
S2
Vascular Plant
2047
Anemone berlandieri
Southern Anemone
1980
X?
3-Medium
---
Endangered
G4?
S2
Vascular Plant
11509
Anemone caroliniana
Prairie Anemone
2019-03-29
AB
2-High
---
Endangered
GS
S1
Vascular Plant
9469
Cardamine dissecta
Dissected Toothwort
1977-03-19
F
4-Low
---
Special
G4?
S2
Concern
Vulnerable
Vascular Plant
23575
Carex baileyi
Bailey's Sedge
1971-06
H
2-High
---
Significantly
G4
S2
Rare
Peripheral
Vascular Plant
19429
Carex projecta
Necdace Sedge
1972-OS-30
F
4-Low
---
Significantly
GS
Sl
Rare
Peripheral
Vascular Plant
7858
Cirsium carolinianum
Carolina Thistle
1970-09-22
H
3-Medium
---
Endangered
G5
S2
Vascular Plant
13743
Delphinium exaltatum
Tall Larkspur
1800s
Hi?
S-Very
---
Endangered
53
S2
Low
Vascular Plant
24623
Symphyotrichum
Georgia Aster
2007
Di
3-Medium
Candidate
Threatened
33
S3
georgiarum
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Page 3 of 5

Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Owner
wner T��
Mecklenburg County Open Space - Back Creek
Mecklenburg County
Local Government
Greenway
Mecklenburg County Open Space - Back Creek Park Mecklenburg County
Local Government
NC Division of Mitigation Services Easement
NC DEQ, Division of Mitigation Services
State
Catawba Lands Conservancy Easement
Catawba Lands Conservancy
Private
Catawba Lands Conservancy Easement
Catawba Lands Conservancy
Private
Mecklenburg County Open Space - University
Mecklenburg County
Local Government
Meadows Park
City of Charlotte Open Space
City of Charlotte
Local Government
Catawba Lands Conservancy Easement
Catawba Lands Conservancy
Private
Definitions and an explanation of status designations and codes can be found at ttrns://nrnhdenah n-eserve.org lo. Data cuery generated on March 19, 2021, source. VCNI IP, Q4January 2021. Please
resubmit your Information request if more than one ,ear elapses before project InlCiaton as new Information Is cc ntlnsallf, added to the I JCNFP database.
Page 4 of ,

NCNHDE-14259: Back Creek Church Road
�Rt4 AGr°p _ a a g i.
Ciry Svu
Lrn.e °r c �* s•um pFwe+ � ®E g e u Sg. Ra Skv `�n
i9M1 Rise Pu `QA ••
P G 2a° GM1ur fix V°w o-�
tivL�C` R� v``
.��' v°f Tarn P•� _ r G°�5e° 4- x� n A ax
J<
°i"°er'a..ej ox F°�"�°
March 19, 2021
❑ Project Boundary
❑ Buffered Project Boundary
Managed Area (MAREA)
Page 5 of 5
1:22,488
0 0.175 0.35 0.7 mi
0 0.3 0.6 1.2 krn
Sources: Esri, —E, Garmin, Intermap, increment P Corp., GE— us-,
FAO. NPS. N—O Ge 13— IGN, Kedaster NL, Ordnance Survey, Esri Japan,
METI, Er. Ch- (Hong Kong), (c) Op,,StreetM,p conlrlbulors, end the GIS
user commpmty

SAW-2021-01706
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01706 County: Mecklenburg U.S.G.S. Quad: NC -Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Accent Homes of the Carolinas
Jon Nicholls
Address: P.O. Box 2950
Matthews, NC 28106
Telephone Number: 704-308-3006
E-mail: accenthomescarolinas.com
Size (acres) 12 Nearest Town Charlotte
Nearest Waterway Back Creek River Basin Unner Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.30606
Longitude:-80.71057
Location description:: The review area is located on the east Back Creek Church Road; approximately 0.3 miles south of the
intersection Back Creek Church Road and University City Boulevard. PIN: 05112203. Reference review area description
shown in the Jurisdictional Determination Request package entitled "Figure 1, Site Vicinity Map" and dated 08/09/21.
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.

SAW-2021-01706
❑X 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 8/9/2021. 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 (LAMA).
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(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 1/5/2022.
D. Remarks: Ephemeral 1 scored 13 on NCDWQ Stream Identification Form, Version 4.11. In addition,
soils did not exhibit evidence of a seasonal high-water table.
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)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL
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 02/26/2022.
**It is not necessary to submit an RFA form tn the Divkion Office if you do not object to the detennination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: _ 2022.01.05 11:14:32-05'00'

SAW-2021-01706
Date of JD: 1/5/2022 Expiration Date of JD: 12/27/2026
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 our Customer Satisfaction Survey, located online at
hiips://re ug lator,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Agent: Wetlands and Waters, Inc.
Perry Isner
Address: 328 East Broad Street, Suite D
Statesville, NC 28677
Telephone Number: 704-773-4239
E-mail: yerrvisenr(&wetlands-waters.com
Property Owner:
N/A
William Long
Address:
14115 Bethel Ave. Extension
Midland, NC 28107
Telephone Number:
not provided
E-mail:
not provided

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Accent Homes of the Carolinas, Jon Nicholls I File Number: SAW-2021-01706
Date: 1/5/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Bryan Roden -Reynolds
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Charlotte, North Carolina 28262
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportum to participate in all site invest] ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 1/5/2022
B. DISTRICT OFFICE, APPLICANT, AND NUMBER: Wilmington District, Accent Homes of the Carolinas, SAW-2021-01706
C. PROJECT LOCATION AND BACKGROUND INFORMATION:: The review area is located on the east Back Creek Church Road;
approximately 0.3 miles south of the intersection Back Creek Church Road and University City Boulevard. PIN: 05112203. Reference review area
description shown in the Jurisdictional Determination Request package entitled "Figure 1, Site Vicinity Map" and dated 08/09/21.
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.30606 , Long.-80.71057
Universal Transverse Mercator:
Name of nearest waterbody: Back Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03040105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 08/10/21 and 12/28/21
El Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area.
[Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
❑TNW s, including territorial seas
❑ Wetlands adjacent to TNWs
❑X Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑X Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
El Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 610 linear feet, 4 wide, and/or acres.
Wetlands: 0.97 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g.,
typically 3 months).
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Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):'
❑X Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:
Ephemeral 1 scored 13 on NCDWQ Stream Identification Form, Version 4.11. In addition, soils did not exhibit
evidence of a seasonal high-water table.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section
I LAA and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section
I LDA.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent'
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine
whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters"
(RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland
that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to
Section I LD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA
regions will include in the record any available information that documents the existence of a significant nexus between a relatively
permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant
nexus finding is not required as a matter of law.
If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider
the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes,
the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent
wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IILB.1 for the tributary, Section III.B.2 for any
onsite wetlands, and Section HLB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a
significant nexus exists is determined in Section ULC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 0.02square miles
Drainage area: 0.02 acres
Average annual rainfall: 40-46 inches
Average annual snowfall: 0-4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
El Tributary flows directly into TNW.
❑X Tributary flows through 3 tributaries before entering TNW.
Project waters are 5-10 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
s Supporting documentation is presented in Section III.F.
4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
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Project waters are 5-10 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: unnamed tributary to Back Creek to Rocky River
Tributary stream order, if known: unknown
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑X Natural
El Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 1-2 feet
Average depth: 0-1 feet
Average side slopes: 4:1 (or greater).
Primary tributary substrate composition (check all that apply):
❑X Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover -
El Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Highly eroding as a result of increased
stormwater from adjacent development.
Presence of run/riffle/pool complexes. Explain: absent
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3%
(c) Flow:
Tributary provides for. Perennial
Estimate average number of flow events in review area/year 6-10
Describe flow regime: perennial
Other information on duration and volume:
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑X Bed and banks
❑X OHWM6(check all indicators that apply):
❑ clear, natural line impressed on the bank ❑X the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑X vegetation matted down, bent, or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away
❑X sediment deposition
❑ water staining
❑ other (list):
El Discontinuous OHWM.' Explain:
❑ scour
❑ multiple observed or predicted flow events
❑ abrupt change in plant community
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow
over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
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If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
El physical markings/characteristics El vegetation lines/changes in vegetation types.
El tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain:
clear
Identify specific pollutants, if known: unknown
(iv) Biological Characteristics. Channel supports (check all that apply):
❑X Riparian corridor. Characteristics (type, average width): 50-100 vegetated buffer
❑ Wetland fringe. Characteristics:
❑ Habitat for:
El Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: 0.97 acres
Wetland type. Explain: floodplain wetland
Wetland quality. Explain: high
Project wetlands cross or serve as state boundaries. Explain: all wetlands within the proposed project area are contained
within North Carolina.
(b) General Flow Relationship with Non-TNW:
Flow is: Perennial flow Explain:
Surface flow is: Discrete and confined
Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑X Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
DEcological connection. Explain: Wertlands are not directly abutting but flooded by perennial RPWs
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 5-10 river miles from TNW.
Project waters are 5-10 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 2-year or less floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics;
etc.). Explain: Water color is brown and oil film/sheen on water surface present
Identify specific pollutants, if known: unknown
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(iii) Biological Characteristics. Wetland supports (check all that apply):
❑X Riparian buffer. Characteristics (type, average width): 35-75 feet
❑X Vegetation type/percent cover. Explain: 60% coverage
❑X Habitat for:
El Federally Listed species. Explain findings:
❑Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
❑X Aquatic/wildlife diversity. Explain findings: crayfish burrows present
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 2
Approximately 0.97 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N)
Wetland 1100 0.3 N
Wetland 1200 0.67 N
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERDIINATION
Size (in acres)
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any
wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW.
For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more
than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when
evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and
its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine
significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a
tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of
significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in
the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to
reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other
species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological
integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings
of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs.
Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands,
then go to Section IILD:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or
absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD:
Wetlands 1100 and 1200 are floodplain wetlands which are hydrologically connected to perennial streams in a typical year. These
wetlands are flooded by perennial Tributaries 1 and 2 during a typical year.
D. DETERDIINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
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1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
❑X Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is
perennial: Tributaries 1 and 2 have the geomorphology, hydrology, and biological indicators consistent with perennial
streams in the Piedmont ecoregion of North Carolina.
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data
supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑X Tributary waters: 610 linear feet 4 wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs1 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is
jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary
is perennial in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal
in Section IILB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is
provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.97 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is
provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
El Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
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E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY):'"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland
Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory
Bird Rule" (MBR).
❑X Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Ephemeral 1 scored 13 on
NCDWQ Stream Identification Form, Version 4.11. In addition, soils did not exhibit evidence of a seasonal high-water table. Also
Ephemeral 1 lacked any direct connection to downstream jurisdictional waters.
❑ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e.,
presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all
that apply):
❑Non -wetland waters (i.e., rivers, streams):.
❑Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a
fmding is required for jurisdiction (check all that apply):
❑X Non -wetland waters (i.e., rivers, streams):155 linear feet, 1 wide.
❑Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
1Vrior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review
consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Page 7 of 7 Form Version 10 June 2020

SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and
requested, appropriately reference sources below):
❑X Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 1-7
❑X Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑X Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
❑X U.S. Geological Survey map(s). Cite scale & quad name: Figure 4, USGS Topo Quad (7.5-minute quadrangle Harrisburg, NC)
❑X USDA Natural Resources Conservation Service Soil Survey. Citation: Figure 5, Soil Survey (Web Soil Survey of Mecklenburg County)
❑X National wetlands inventory map(s). Cite name: Figure 6, National Wetland Inventory (USFWS NWI Mapper)
❑ State/Local wetland inventory map(s):
❑X FEMA/FIRM maps: Figure 7, FEMA Mapping (FEMA National Flood Hazard Layer)
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑X Photographs: ❑X Aerial (Name & Date): Figure 1, Site Vicinity Map (Dated 08/09/21) and Figure 3, County GIS (Dated 08/09/21)
Or ❑X Other (Name & Date): Photographs 1-9
❑ Previous determination(s). File no. and date of response letter -
El Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑X Other information (please specify): Figure 2, Approximate Depiction of Aquatic Resources (Dated 08/09/21) and NCDWQ Stream
Identification Form, Version 4.11 (Dated 08/02/21)
B.ADDITIONAL COMMENTS TO SUPPORT JD: Ephemeral 1 scored 13 on NCDWQ Stream Identification Form,
Version 4.11. In addition, soils did not exhibit evidence of a seasonal high-water table
Page 1 of 1 Form Version 10 June 2020

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'"S.,
WATERS, INC.ETLANDS
Jon Nicholls
Accent Homes of the Carolinas
P.O. Box 2950
Matthews, NC 28106
RE: Threatened and Endangered Species Evaluation
Back Creek Church Road
Charlotte, Mecklenburg County, NC
PIN: 05112203
Mr. Nicholls,
October 6, 2021
Wetlands & Waters, Inc. (W&W) has completed a cursory evaluation of the above referenced property
assemblage (hereafter referred to as "review area") for Federal threatened and endangered species and the
presence of suitable habitat for those species. Should future project -related impacts be necessary, this
report may be used by the U.S. Army Corps of Engineers (or other Lead Federal Agency) to determine if
additional coordination will be necessary to satisfy requirements of the Endangered Species Act.
The review area is located southwest of Back Creek Church Road, approximately 0.3 miles southeast of
the intersection of Back Creek Church Road and NC Highway 49/University City Boulevard. Figure 1
depicts the review area for the purpose of this report.
Methodology
Evaluation of the review area included a report of known species and critical habitat occurrences within
or in close proximity to the project area from the North Carolina Natural Heritage Program (NHP)
database (Attachment A); field reviews of known extant populations of species that may potentially be
present; and on -site field evaluations of potentially suitable habitat for Federally listed species known to
occur in Mecklenburg County (Table 1). The site evaluation focused on Michaux's Sumac, Smooth
Coneflower, and Schweinitz's Sunflower within potentially suitable habitat areas in the review area.
Table 1
EndanEered (E) and Threatened (T) Species in Mecklenburg County. North Carolina
Species
Federal Status
Common Name
Scientific Name
Atlantic Pigtoe
Fusconaia masoni
Proposed Threatened
Michaux's Sumac
Rhus michauxii
Endangered
Carolina Heelsplitter
Lasmigona decorata
Endangered
Smooth Coneflower
Echinacea laevigata
Endangered
Schweinitz's Sunflower
Helianthus schweinitzii
Endangered
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

W
"y � WATERS, INC.ETLANDS
Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic
characteristics for species that may be present. When practical, known populations of Federal threatened
and endangered species are referenced in a non -intrusive manner for confirmation of seasonal growth
patterns, diagnostic features, and behavioral characteristics.
Field surveys were performed September 21, 2021. Photographs documenting reference populations (if
applicable) and existing site conditions are included in Attachment B. Plant communities and their typical
compositions were document on Habitat Assessment Forms (HAF) (Attachment C), with representative
HAF locations illustrated on Figure 2.
Findings
W&W did not identify previously undiscovered populations of Federally protected species in the review
area. Following are species -specific survey results.
Atlantic Pigtoe (Fusconaia masoni)
The Atlantic Pigtoe requires clean, moderate flowing water with high dissolved oxygen content in creek
and riverine environments. Historically, the best populations existed in creeks and rivers with excellent
water quality, where baseflow allowed for silt -free substrates (Alderman and Alderman 2014, as cited in
U.S. Fish & Wildlife Raleigh Field Office, Region 4; Atlantic Pigtoe SSA Technical Advisory Team,
2019). Because this species prefers more pristine conditions, it typically occurs in headwaters and rural
watersheds. It is associated with gravel and coarse sand substrates at the downstream edge of riffles, and
less commonly occurs in cobble, silt, or sand detritus mixtures (Bogan and Alderman 2008, as cited in
U.S. Fish & Wildlife Raleigh Field Office, Region 4; Atlantic Pigtoe SSA Technical Advisory Team,
2019).
The review area is located outside of proposed designated critical habitat for this species. Additionally,
project waters do not drain to proposed designated critical habitat for this species. Based on these
circumstances, the species would not be expected to occur within the review area.
Michaux's Sumac (Rhus michauxii)
Michaux's Sumac grows in sandy or rocky open woods on sandy or sandy loam soils with low cation
exchange capacities and appears to depend on some form of disturbance to maintain the open quality of
its habitat. This disturbance may be in the form of fire, wind throws, or openings created by roads,
railroads and utility rights of way (U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological
Services Field Office, 2021).
Potentially suitable habitat for Michaux's Sumac is limited to the right-of-way (ROW) of Back Creek
Church Road, as the remainder of the review area consists of forested conditions that have remained
undisturbed for at least the previous thirty years. The majority of the ROW is intensively maintained by
mowing, but contains an edge habitat that may be suitable to support the species. No individuals of
Michaux's Sumac were observed within potentially suitable habitat areas.
Carolina Heelsplitter (Lasmipona decorata)
The Carolina Heelsplitter is a freshwater mussel species with final designated critical habitat. The primary
constituent elements of critical habitat for this species include: permanent, flowing, cool, clean water;
geomorphically stable stream and river channels and banks; pool, riffle, and run sequences within the
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

W
a4 � WATERS, INC.ETLANDS
channel; stable substrates with no more than low amounts of fine sediment; moderate stream gradient;
periodic natural flooding; and fish hosts, with adequate living, foraging, and spawning areas for them (B.
Hampstead, personal communication, September 14, 2020). Based on historic and recent records for the
species, the surviving occurrences exist as small fragments, restricted primarily to short reaches of
tributary streams (U.S. Fish & Wildlife Service, Southeast Region, Asheville Ecological Services Field
Office, 2012). The current range for the species in North Carolina includes South Fork Fishing, Bull Run,
Beaverdam, Sixmile, Cane, Waxhaw, and Gills creeks in the Catawba River Basin, and Flat Creek and
Lynches River in the Pee Dee River Basin (U.S. Fish & Wildlife Service, 2019).
The review area is located outside of designated critical habitat for this species. Additionally, project
waters do not drain to designated critical habitat for this species. Based on these circumstances, the
species would not be expected to occur within the review area.
Smooth Coneflower (Echinacea laevigata)
Smooth Coneflower is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone
bluffs and power line rights -of -way. The species is usually found on magnesium and calcium rich soils
associated with amphibolite, dolomite or limestone (in VA), gabbro (in NC and VA), diabase (in NC and
SC) and marble (in SC) (U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services
Field Office, 2011). The best Echinacea laevigata populations receive abundant sunlight and little
competition from other plant species (Gaddy 1991, as referenced in U.S. Fish & Wildlife Service
Southeast Region, Raleigh Ecological Services Field Office, 2011).
Potentially suitable habitat for Smooth Coneflower is limited to the ROW of Back Creek Church Road, as
the remainder of the review area consists of forested conditions that have remained undisturbed for at
least the previous thirty years. No individuals of Smooth Coneflower were observed within potentially
suitable habitat areas.
Schweinitz's Sunflower (Helianthus schweinitzii)
Habitat for Schweinitz's Sunflower includes clearings and edges of upland woods, thickets, and pastures.
The species is found along roadsides, powerline clearings, old pastures, and woodland openings.
Schweinitz's Sunflower requires disturbance (blowdowns, storm, or fire) to create open areas for full
sunlight, but may also grow in open stands of trees with minimal shade. Soils may be either shallow,
sandy with high gravel content, or a clayey hardpan. The sunflower may prefer soils derived from basic
material (Krings, Goyette, Suiter, & Samuels, 2021).
Potentially suitable habitat for Schweinitz's Sunflower is limited to the ROW of Back Creek Church
Road, as the remainder of the review area consists of forested conditions that have remained undisturbed
for at least the previous thirty years. No individuals of Schweinitz's Sunflower were observed within
potentially suitable habitat areas.
Conclusions
W&W conducted evaluations of plant communities and potentially suitable habitat for federally
threatened and endangered species at the approximately 13-acre Back Creek Church Road project review
area. W&W did not observe evidence of federally threatened or endangered species known to occur in
Mecklenburg County. Because no federally protected species were observed within the review area and
the site is located outside of proposed or designated critical habitat, it is our opinion that there is no
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
ly4yls- WATERS, INC.
potential for a `Take' to any threatened or endangered species, and there will be `No Effect' on federally
protected species or their critical habitat as a result of proposed site development.
This concludes our assessment of the presence or absence of Federal threatened and endangered species
and the presence of suitable habitat for those species. Should you require more information regarding the
results of our evaluation, please do not hesitate to contact us.
Sincerely,
Meagan Jolly
704.681.3479
Enclosures: Figure 1. Review Area
Figure 2. Habitat Assessment Form Locations
Attachment A. North Carolina Natural Heritage Program Report
Attachment B. Field Photographs
Attachment C. Habitat Assessment Forms
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
ly4ys: WATERS, INC.
References
Krings, A., Goyette, S., Suiter, D., & Samuels, M. (2021, July). Schweinitz's Sunflower (Helianthus
schweinitzii). Retrieved from Rare plants of North Carolina:
https://projects.ncsu.edu/cals/plantbiology/ncsc/rare/images/Hellanthus schweinitzii NHP.pdf
U.S. Fish & Wildlife Raleigh Field Office, Region 4; Atlantic Pigtoe SSA Technical Advisory Team.
(2019). Species Status Assessment Report for the Atlantic Pigtoe (Fusconaia masoni).
U.S. Fish & Wildlife Service. (2019, March 25). Carolina heelsplitter Lasmigona decorata, . Southeast
Region, USA. Retrieved from https://www.fws.gov/southeast/wildlife/mussels/carolina-
heelsplitter/#current-range-section
U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services Field Office. (2011). Smooth
Coneflower (Echinacea laevigata) 5-Year Review: Summary and Evaluation. Raleigh, NC: U.S.
Fish & Wildlife Service.
U.S. Fish & Wildlife Service, Southeast Region, Asheville Ecological Services Field Office. (2012).
Carolina Heelsplitter (Lasmigona decorata) 5-Year Review: Summary and Evaluation. Asheville,
NC: Asheville Ecological Services Field Office, U.S. Fish & Wildlife Service.
U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological Services Field Office. (2021).
Michaux's Sumac (Rhus michauxii) 5-Year Review: Summary and Evaluation. Raleigh: Raleigh
Ecological Services Field Office, U.S. Fish & Wildlife Service.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

3

3

Attachment A
North Carolina Natural Heritage Program Report

on
CBE Is NC DEPARTMENT OF
■■ ■a NATURAL AND CULTURAL RESOURCES
a. MEN
March 19. 2021
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Back Creek Church Road
Dear Meagan Jolly:
Roy Coopef, Governor
D. Reid Wihon, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-14259
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
0EFAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONFS STREET_ RALEIGH_ NC 27603 • 1651 MAIL SERVICE CENT£R. RALDGH. NC 27699
OFC 919.707.9120 • FAX 919.707,9E21

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11,

Attachment B
Field Photographs

DIRECTION 35.30689'N ACCURACY 159 ft DIRECTION 35.30691°N ACCURACY 59 ft
142 deg M 080.70815' W DATUM WGS84 314 deg(T) 080. 70822 °W DATUM WGS84
At
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..-.S r �J�.,. �t ._i,a� r �'r. . �� 4 .. '�' •�:��.. Lyn r, "r'1' ` �-.-'.�i -�' ' iL.x- ::�..,
Back Creek Back Creek
Protected Protected
Church Species 2021-09-21 Church Species 2021--09-21
UDP UDP
DIRECTION 35.30717'N ACCURACY 22 ft DIRECTION 35.30739'N ACCURACY 16 ft
292 deg(T) 080.70837'W DATUM WGS84 294 deg(T) 080.70855'W DATUM WGS84
.. ..•ram, Y ' ti .: 4 ,p^ i .'�#:'.
a.
rram�', .,
rBack Creek Protected
Church Species 2021-09-21
UDP
Back Creek Protected
Church Species
UDP
2021-09-21

DIRECTION 35.30762'N ACCURACY 18 ft
295 deg(T) 080.70894°W DATUM WGS84
fd
Vi •4. _ -n•. ..'fir: y��.�^�.-
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>,
Back Creek Protected
Church Species 2021-09-21
UDP

Attachment C
Habitat Assessment Forms

a - It
Project T Client/Site County FornAD
Date r�1 r 7— Investigators Location Coordinate r� c�� �� � � �f �(102-1
Habitat Name
Habitat Description
Aspect
Slope
Light
Topo Position
Moisture
FIN
NE E]I�latOpen
pCrest
E]Inandated
S
NW 0-10%
Partial
Upper slope
0 Saturated
E)E
SE 10-35%Filtered
Mid -slope
Moist (Mesic)
0 W
SW 0 35%+
Shaded
Lower slope
E]Dry (Mesic)
0 None
FIVertical
Bottom
[:3 Dry (Xeric)
Stratum/Life form Height (feet) Percent Cover Characteristic Species
Emergent tree - -
Tree canopy
Tree sub-cano
Tail shrub (>3ftj
-
-
Short shrub (<3ft)
-
-
Herb
-
t Cj, I
Liana
Non -vascular
-
-
Reasons target species not found
Habitat Unsuitable May have never
oDisturbances FlExotics destroyed habitat Mccurred here = Dther
Comments
AV�