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HomeMy WebLinkAbout20220685 Ver 1_ePCN Application_20220516Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 4/18/2022 BIMS # Assigned* 20220685 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review Version#* What amout is owed?* 0 $240.00 O $570.00 Select Project Reviewer* Doug Perez:eads\djperez la. Name of project: Research Park Phase 2 la. Who is the Primary Contact?* Daniel Kuefler lb. Primary Contact Email:* daniel.kuefler@wetlands-epg.com Date Submitted 5/16/2022 Nearest Body of Water Doby Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.2905 A. Processing Information Longitude: -80.7743 lc. Primary Contact Phone:* (336)554-2728 County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: 21 Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: O 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit 0 Individual 401 Water Quality Certification 14 - Linear transportation 18 - Minor Discharges le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: tf. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express O Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes )No B. Applicant Information OYes 0No OYes 0No Id. Who is applying for the permit? yI Owner Applicant (other than owner) 1 e. Is there an Agent/Consultant for this project?* • Yes J No 2. Owner Information 2a. Name(s) on recorded deed: Elan University City c/o Greystar 2b. Deed book and page no.: 2c. Contact Person: Josh Glover 2d. Address Street Address 521 E Morehead Street Address Line 2 Suite 400 City Charlotte Postal / Zip Code 28202 State / Province / Region NC Country USA 2e. Telephone Number: (704)379-1868 2f. Fax Number: 2g. Email Address: * jg lover@greystar.com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands & Environmental Planning Group 4c. Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal / Zip Code 28277 4d. Telephone Number: (336)554-2728 4f. Email Address:* a mber.li psky@wetlands-epg. com C. Project Information and Prior Project History State/ Province / Region NC Country USA 4e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Charlotte 2. Project Identification 2a. Property Identification Number: 04708214, 04739110 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Doby Creek 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050103 4. Project Description and History 2b. Property size: 68.78 State I Province / Region Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The Elan University City site is located just south of University City Boulevard, and just west of Interstate Hwy 85, in Charlotte, Mecklenburg County, North Carolina. The topography consists of moderate slopes and stream corridor with the elevation ranging from 700 to 780 ft. (Figure 1). This site is in a semi -urbanized setting. It is surrounded by residential neighborhoods and features disturbed, mixed hardwood covered slopes and drainages. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No O Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 7.35 4g. List the total estimated linear feet of all existing streams on the property: 3600 4h. Explain the purpose of the proposed project:* The proposed development will include impacts associated with road crossings for connectivity and associated grading. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * JYes ONo Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary O Approved 0 Not Verified 0 Unknown 0 N/A Corps AID Number: SAW-2021-01204 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nic Nelson WEPG 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The site was field verified by the USACE in June 2021 and by NCDEQ in August 2021 and a PJD was issued in June 2021. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. 6. Future Project Plans 6a. Is this a phased project?* O Yes O No 6b. If yes, explain. Phase 1 had no impacts to aquatic resources. Remaining phases and proposed impacts are included in this application. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? NA D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): e Wetlands 0 Open Waters 2. Wetland Impacts Streams -tributaries 0 Pond Construction 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 BMP P Bottomland Hardwood Forest Wetland FW Yes Corps 0.333 (acres) W2 BMP P Bottomland Hardwood Forest Wetland FW Yes Corps 0.059 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.392 2i. Comments: NWP 18 to be applied to Wetland FW impacts 2g. Total Permanent Wetland Impact 0.392 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* Si Road Crossing Permanent Culvert Stream A Perennial Corps 8 Average (feet) 142 (linear feet) S2 Road Crossing Temporary Dewatering Stream A Perennial Corps 8 Average (feet) 15 (linear feet) S3 Road Crossing Temporary Dewatering Stream A Perennial Corps 8 Average (feet) 15 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 142 3i. Total stream and ditch impacts: 172 3j. Comments: S1- 0.027 AC S2- 0.011 AC S3- 0.011 AC E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 30 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Impact minimization was implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. The culverts have been designed with headwalls as close to the sidewalks as possible.The applicant has demonstrated avoidance and minimization efforts by dedicating 42.5% of the Phase 2 area to open space and avoiding 95% of onsite streams and 94.6% of onsite wetlands. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ▪ Yes O No 2c. If yes, mitigation is required by (check all that apply): DWR Fv2: Corps 2d. If yes, which mitigation option(s) will be used for this project? O Mitigation bank O Payment to in -lieu fee program C! Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. OYes 0No 4b. Stream mitigation requested: (linear feet) 142 4d. Buffer mitigation requested (DWR only): (square feet) 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0.392 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* GYes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)7 0Yes ®No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? • Yes No CJ N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs • Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Charlotte Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Charlotte but will be designed to meet their criteria. G. Supplementary Information (,) 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes • No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes • No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes • No 3b. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0 Yes 0 No 0 N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes • No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* • Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? • No Unknown Yes • No 5f. Will you cut any trees in order to conduct the work in waters of the U.S ® Yes 0 No 5g. Does this project involve bridge maintenance or removal? 0 Yes ® No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0 Yes ® No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 0 Yes ® No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. The report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes ® No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? * O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https://nc.maps.arcgis.com/ Report from R.S. Webb & Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Any fill within the floodplain proposed as a part of this project will be designed to meet any requirements of a floodplain development permit as determined by the City of Charlotte and/or FEMA. 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or dreg and drop files here to attach document Research Park Phase 2 PCN.pdf 10.26MB File must be PDF or KMZ Comments A complete PCN package is attached. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature Oaireie Date 5/16/2022 WEPG Preliminary ORM Data Entry Fields for New Actions SAW — 2021 - 01204 Prepare file folder n Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. BEGIN DATE [Received Date]: Assign Action ID Number in ORM pi 1. Project Name [PCN Form A2a]: Research Park Phase 2 2. Work Type: Private pi Institutional ri 3. Project Description / Purpose [PCN Form B3d and B3e]: PCN request for residential development Government n Commercial EI 4. Property Owner / Applicant [PCN Form A3 or A4]: Greystar (Josh Glover) 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form Bib]: 35.2905, -80.7743 University City Blvd and 1-85 8. Project Location - Tax Parcel ID [PCN Form B1a]: 04708214, 04739110 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form B2a]: Doby Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Rocky/ 03040105 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: pind m StaNationwide Permit # , 18 n RegionaldarGeneralPerit Permit 14# n Jurisdictional Determination Request H Pre -Application Request Unauthorized Activity n Compliance ❑ No Permit Required Revised 20150602 Pre -Filing Meeting Request- University City 1 message Amber Lipsky <amber.lipsky@wetlands-epg.com> To: "Perez, Douglas J" <doug.perez@ncdenr.gov> Cc: Daniel Kuefler <daniel.kuefler@wetlands-epg.com> Please see below/attached for our Pre -Filing information. Amber Lipsky <amber.lipsky@wetlands-epg.com> Mon, Apr 18, 2022 at 3:17 PM Contact Name: Daniel Kuefler Contact Email Address: daniel.kuefler@wetlands-epg.com Project Owner: Greystar Project Name: Elan University City -Phase 2 Project County: Mecklenburg Owner Address: 521 E Morehead Street, Suite 400, Charlotte, NC 28202 Transportation Project: No Type(s) of approval sought from the DWR: 401 Water Quality Certification (Regular) Does this project have an existing project ID#?: No Do you know the name of the staff member you would like to request a meeting with?: Doug Perez Please give a brief project description below and include location information.: The Elan University City site is located just south of University City Boulevard, and just west of Interstate Hwy 85, in Charlotte, Mecklenburg County, North Carolina. The topography consists of moderate slopes and stream corridor with the elevation ranging from 700 to 780 ft. (Figure 1). This site is in a semi -urbanized setting. It is surrounded by residential neighborhoods and features disturbed, mixed hardwood covered slopes and drainages. One stream crossing is proposed. Please let me know if you have any questions or need more information! Best, Amber Amber Lipsky Wetlands & Environmental Planning Group Leonard S. Rindner, PLLC www.wetlands-epg.com 401.339.4292 7. Elan University Blvd_Typical Maps_120720.pdf 2843K WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. May 16, 2022 Assigned Project Manager U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Douglas Perez NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subject: SAW-2021-01204; Pre -Construction Notification for NWP #14 and #18 for the Research Park Phase 2 site in Charlotte, Mecklenburg County, North Carolina USACE Assigned Project Manager, Messrs. Perez, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit #14 & #18 for the Research Park Phase 2 site on 68.78 acres located at the corner of University City Boulevard and the I-85 interchange in Charlotte, NC. The site is a proposed residential development and consists of three streams and two wetlands. The site was field verified by the USACE in June 2021 and by NCDEQ in August 2021 and a PJD was issued in June 2021. Please refer to the Jurisdictional Determination Information section for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to one stream and one wetland for a road crossing, grading, and maintaining connectivity requirements. Total permanent impacts proposed include 142 linear feet (0.027 AC) of stream impact to Stream Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 1 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite I D, PMB 283 Asheville, NC 28805 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. A and 0.392 acres of wetland impacts (Wetland FW). These access crossings were necessary due to City connectivity requirements, including fire access. These impacts were unavoidable due to roadway access and connectivity requirements. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Efforts of minimization were implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. The culverts have been designed with headwalls as close to the sidewalks as possible. The applicant has demonstrated avoidance and minimization efforts by dedicating 42.5% of the Phase 2 area to open space and avoiding 95% of onsite streams and 94.6% of onsite wetlands. To compensate for the anticipated permanent impacts to onsite wetlands, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 2:1 ratio. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. This report has been submitted to Fish & Wildlife Services for concurrence. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336)554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler, PWS Environmental Scientist Len Rindner, PWS Principal Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 2 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite I D, PMB 283 Asheville, NC 28805 Permit Application Permit Application 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 la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit lb. Specify Nationwide Permit (NWP) number: 14, 18 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No ld. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ 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 lg. Is the project located in any of NC's twenty coastal counties. If yes, answer lh 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: Research Park Phase 2 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Elan University City c/o Greystar 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Josh Glover 3d. Street address: 521 E Morehead Street, Suite 400 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: (704)379-1868 3g. Fax no.: 3h. Email address: jglover@greystar.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Kuefler 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (336)554-2728 5f. Fax no.: 5g. Email address: daniel.kuefler©wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 04708214, 04739110 lb. Site coordinates (in decimal degrees): Latitude: 35.2905 Longitude: -80.7743 lc. Property size: 68.78 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Doby Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Rocky/03040105 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 Elan University City site is located just south of University City Boulevard, and just west of Interstate Hwy 85, in Charlotte, Mecklenburg County, North Carolina. The topography consists of moderate slopes and stream corridor with the elevation ranging from 700 to 780 ft. (Figure 1). This site is in a semi -urbanized setting. It is surrounded by residential neighborhoods and features disturbed, mixed hardwood covered slopes and drainages. 3b. List the total estimated acreage of all existing wetlands on the property: 7.35 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,600 3d. Explain the purpose of the proposed project: The proposed development will include impacts associated with road crossings for connectivity and associated grading. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? X Yes ❑ No ❑ Unknown Comments: SAW-2021-01204 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The site was field verified by the USAGE in June 2021 and by NCDEQ in August 2021 and a PJD was issued in June 2021. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. 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? X Yes ❑ No 6b. If yes, explain. Phase 1 had no impacts to aquatic resources. Remaining phases and proposed impacts are included in this application. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands X Streams — tributaries 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 0.333 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.059 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: 0.392 2h. Comments: NWP 18 to be applied to Wetland FW impacts 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 Stream A PER Corps 8 142 S2 T Dewatering Stream A PER Corps 8 15 S3 T Dewatering Stream A PER Corps 8 15 S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 172 3i. Comments: S1- 0.027 AC S2- 0.011 AC S3- 0.011 AC 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 individually 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, then 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) B1 - 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. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Impact minimization was implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. The culverts have been designed with headwalls as close to the sidewalks as possible.The applicant has demonstrated avoidance and minimization efforts by dedicating 42.5% of the Phase 2 area to open space and avoiding 95% of onsite streams and 94.6% of onsite wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No X Yes ❑ 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 fee program Mitigation X Payment to in lieu ❑ Permittee Responsible 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: 142 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.392 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 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 buffer mitigation? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 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? cyo 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: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Charlotte but will be designed to meet their criteria. 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 local government's jurisdiction is this project? City of Charlotte 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 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 additional development, which could impact nearby downstream water quality? Yes X No 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. No additional phases are proposed. 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 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 habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ No X Yes 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. The report has been submitted to FWS for concurrence. 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? No essential habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ Report from R.S. Webb & Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ No X Yes 8b. If yes, explain how project meets FEMA requirements: Any fill within the floodplain proposed as a part of this project will be designed to meet any requirements of a floodplain development permit as determined by the City of Charlotte and/or FEMA. 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Daniel Kuefler Applicant/Agent's Printed Name I 05-16-2022 Date 7-Applicant/Agent Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Elan University City Phase 2 Property Address: University City Blvd Parcel Identification Number (PIN): 04708214, 04739110 Select one: I am the current property owner Name: Josh Glover Company: Elan University City Phase 2 LLC c/o Greystar Mailing Address: 521 E Morehead Street, Suite 400, Charlotte, NC 28202 Telephone Number: (704)379-1868 Electronic Mail Address: jglover@greystar.com 2/21/22 rty ler / Interested Buyer* / Other* Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: 061 2-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. Suite I0, PMB 283 Asheville, NC 28805 ROY COOPER Governor ELIZABETH S, BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality May 2, 2022 Josh Glover Greystar 521 E. Morehead Street, Suite 400 Charlotte, NC 28202 Expiration of Acceptance: 11/2/2022 Project: Research Park Phase 2 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Warm Stream 175 Yadkin 03040105 Riparian Wetland 0.50 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 Kelly.Williams@ncdenr.gov. cc: Amber Lipsky, agent 1:tEC)5 M) TH CARCII iNn oea IOfENiVORManbl qUaltf.NS Sincerely, AttlyitAtt,47), FOR James. B Stanfill Asset Management Supervisor North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 Maps/Plans Luvve:,viive FIGURE 1 Acres: +/- 67.88 12/07/20 Huntersvdlle Indian Trail MINERAL SPRINGS / RUMBL OAD RESEARCH PARK PHASE 2 Mecklenburg Co., NC VICINITY MAP Subject to USACE/NCDEQ verification Prepared for: Graystar Drawn By: ALL Reviewed By: DCK Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len. rindner@wetlands-epg.com (704) 904-2277 www. w et l an ds -e pg. co m J Nottliside Academy t FIGURE 2 Acres: +/- 67.88 12/07/20 ■ is Hunter. Woods Nursing #� rand Rehabilitalion ente.r� -10 Governor's Village • TE I A rad e rny • RESEARCH PARK PHASE 2 Mecklenburg Co., NC AERIAL MAP Subject to USACE/NCDEQ verification PHASE 2 BOUNDARY Belgate hoer AthIet Aerial Imagery Provided by Google Earth 2020 _- Prepared for: Graystar Drawn By: ALL Reviewed By: DCK Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com LOCATION Lat: 35.2905 N Long: -80.7743 W H UC: 03040105 ROCKY Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com PROPERTY BOUNDARY STUDY LIMITS Prepared for: Graysta r USGS QUAD Derita, NC 1993 RESEARCH PARK PHASE 2 Mecklenburg Co., NC DOBY CREEK USGS MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: B LK Reviewed By: ALL •ryS• FIGURE 3 11/30/20 p.IF _ D Wk 1 + rki I.>,D C CP T C`1' fj 1.• C .P 7 ri . e -4) C /{## tI, MO; J , Wit1j .. I f 01111 y v� ti ttll}2 ,- Ho a�t� i ` r !f En© V4kC7 r fnE V41kD ce&} tl fRftA •i PROPERTY BOUNDARY, STUDY LIMITS Ent) En0 4 Fil•B Ce82 ' f . li J ,fi # � � �PHASE 2 ' P. * BOUNDARY c0:' C. np f ;40 W4C. . aEi -� HeElff L.- k cta, Ihxi1■i a tiE,rrn II :87j •• MO _ • • l9 f-nr7 Ark( e NeB Leir:' Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI / CeB2 Cecil sandy clay loam, 2 to 8 percent scopes, moderately eroded 23.8 34.5°A ,: e$7 CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded 23.0 33.2°/ E ,7B /ilt° 37 EnD Enon sandy loam, 8 to 15 percent scopes 0.8 1.1 He6 ...�� v,ka /CO; \ MO Monacan loam, 0 to 2 percent slopes, frequently flooded 19,1 27.6°/ Ceti / w4+. G / �' PaE Pacolet sandy loam, 15 to 25 2.5 3.6% f,,. f' percent slopes NRCS Soil Survey Manuscript Totals for Area of Interest 69.2 100.0°4 Mecklenburg County 1976 "`" t V J It • Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: Graystar RESEARCH PARK PHASE 2 Mecklenburg Co., NC Drawn By: BLK Reviewed By: ALL FIGURE 4 SOIL MANUSCRIPT MAP For study purposes only - Subject to USACE/NCDEQ verification 11/30/20 Atit jr.V 46;lik trwi fr. PARCEL: 04739110 ELAN UNIVERSITY CITY OWNER, LLC • 521 E MOREHEAD ST STE 400 CHARLOTTE, NC 28202 �h-. 41Arpitii jttstipits.� arlotte\ 14100. . i., w littiiiiits47 wiF44; .:-.' z4 Aviiii 41kr I'Ilir A IP BOUNDARY dzp PROJECT BOUNDARY STUDY LIMITS ihba- I; PARCEL: 04708214 ELAN UNIVERSITY CITY PHASE 2, LLC 521 E MOREHEAD ST STE 400 CHARLOTTE, NC 28202 —- __•"I__), Parcel Information Obtained from Mecklenburg County GIS 2020 FIGURE 5 Acres: +/- 67.88 RESEARCH PARK PHASE 2 Mecklenburg Co., NC Prepared for: Graystar 12/07/20 PARCEL MAP Subject to USACE/NCDEQ verification Drawn By: ALL Reviewed By: ■ Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len. rindner@wetlands-epg.com (704) 904-2277 www. w et l an ds -e pg. co m DCK ifiltjair SIPROPERTY BOUNDARY tes � STUDY LIMITS FEMA FLOODPLAIN AS PER CHARLOTTE MECKLENBURG POLARIS 3G MAPS Wetlands and Environmental Planning G Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wedands-epg.com Prepared for: Graystar RESEARCH PARK PHASE 2 Mecklenburg Co., NC POLARIS 3G FLOODPLAIN MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: ALL FIGURE 6 11/30/20 \ l�"i, '► �'1111���e'klli``_���_.n11111�111�, \ \y' \ PHASE 1 _ \� UNDER CONSTRUCTION \ � .�'�' NO IMPACT \ \ -- . -:-___ raj -_ \ ---- _- --- iviants w4tA mamma Tria „II I /tilt II LEGEND AREA OF IMPACT TOTAL DEVELOPED AREA: 25.71 AC 1 AS 2 SITE zar BMP RESEARCH PARK PHASE 2 • CHARLOTTE, NC • 2 PHASE OVERALL VIEW P N 1020223 102.07.2022 I L E N N AR SCALE: 1 "=300 0 150' 300 450' 750' LandDesign. \ ) / \ / / / \ J / / / \ // / /��\ �/ /�\ \`/ I) \ \\ //if /I��l \ \ / N,_,_/ _ s /1��111411((�; 1 // ,��\I�Ndi�C \ / / / / 111�11vi��� \ / / / / \ / / /n V / ////v// AiIg'�' 1 \/ ///7 /- `// / � //l( // 111 11. PERENNIAL STREAM A ) /) ION -SITE LENGTH = 2418' —'///(0.522AC) / f �/PRO —% II� — ,BOUNDARY / EXISTING / /' ; CULVERT �I / — \/i — —PEREI YIY III 4 /�/ / // / ON -SITE LENGTH = 253' (0.011 AC) r /= 411. /� \ !� \ \\ I _ �\ �i �\�1/ _ - \ \ - - - \\ 4/1 1 N L \� r✓�_^� �� _lam S N �J� J/ ���, �� ti v /.f��., PHASE 1 UNDER CONSTRUCTION NO IMPACT RESEARCH PARK PHASE 2 - CHARLOTTE, NC • OVERALL EXISTING STREAM EXHIBIT PH 2 PN1020223 102.07.2022 I LENNAR ,;_,N.\� �\ \—� / \ / �. / ./ �— \ _ \_-\_�\ —� / N \ _ / /� ' /� (/ /i//� / �� \ \��—'�\ = \\- J7// \ // /%/%/ / / // / \� — // // N\-__-_� \\-/ I ����\\� \ \ // \ ` —\\� \ \ // \ N\ - \\ N \1 ) / / \ \\ —__ \ N // \ > > r \A�\�F r ERENNIAI A RAMC \ON -SITE LENGTH = 557' SCALE: 1 "=200' \\ - / - - / // / \\\ x N\\ 0 100' 200' 300' 500' LandDesign® WETLAND FW/FWW TO BE FILLED , 14507 SQFT (0.333) OF IMPACT, PERENNIAL STREAM A 142 LF OF IMPACT ' 1214 SQFT (0.027 AC) ' ..., ``,O / 1 PHA ./E 1 II I `m ;`/ UNDER ,/ UNDER CONSTRUCTION 1 U UI= / NO IMPACT 1� 1 Wo l/l �vI 1 I I 1 PERENNIAL STREAM & WETLAND`'' FW/FWW A EXHIBITS A MN MN\ l \ BMP OUTFALL TO BE FILLED 2554 SQFT (0.059 AC) OF IMPACT AT ANY LOCATION WHERE THE PROP. PATH CROSSES THE EXISTING STREAM, A PEDESTRIAN BRIDGE WILL BE ADDED RESULTING IN NO IMPACT. AT ANY LOCATION WHERE THE PROP. PATH CROSSES INTO THE WETLAND OARDWALK WILL BE USED TO AVOID IMPACT. LEGEND AREA OF IMPACT TOTAL DEVELOPED AREA: 25.71 AC RESEARCH PARK PHASE 2 - CHARLOTTE, NC • OVERALL STREAM IMPACT EXHIBIT PH 2 PN1020223 102.07.2022 I LENNAR SCALE: 1 "=200 0 100' 200' 300' 500' LandDesign® WATERLINE CONNECTION WATERLINE EXT. FROM PHASE 1 10-11 PROP. CULVERT PROP. SEWER CONNECTION PROJECT BOUNDARY, MINIM WATERLI E SS TEMP. JACK &- BORE IMPACT (0.01 AC) BMP OUTFALL SS SS SS LEGEND AREA OF IMPACT TOTAL DEVELOPED AREA: 25.71 AC RESEARCH PARK PHASE 2 - CHARLOTTE, NC • OVERALL PH 2 UTILITY EXHIBIT PN1020223 102.07.2022 I LENNAR SCALE: 1 "=200 0 100' 200' 300' 500' LandDesign® RETAINING WALL WETLAND FW/FWW TO BE FILLED 14507 SQFT (0.333) OF IMPACT r '.... ... f,. 15FTTOE & DEWATERING AREA (0.011 AC) i LEGEND AREA OF IMPACT TOTAL DEVELOPED AREA: 25.71 AC PROP. SEWER NETWORK PROP. TORM NETWORK PROP. CULVERT \ (CULVERT IS TO BE INTERGRATED INTO WALL. TO BE DESIGNED F BY OTHERS) •.,, RESEARCH PARK PHASE 2 - CHARLOTTE, NC • PERENNIAL STREAM A & WETLAND FW/FWW A EXHIBIT PN1020223 102.07.2022 I LENNAR EX. SEWER LINE SCALE: 1 "=40 0 20' 40' 60' 100' LandDesign® CULVERT CROSS SECTION AT ROAD CENTERLINE (SCALE: 1 "=80' (H) 1 "=8' (V)) 725 720 715 710 705 700 695 690 685 680 PROP. GRADE WET A ND ,/ w ET EX. LAN GRA DE -PROP. DOUBLE 12' X 8.5 - BOX CULVERT (142 LF) 1 J 1 I I I I CULVERT INVERT TO BE PLACED 1' BELOW STREAM INVERT (CONTRACTOR TO VER FY CULVERT NVERTS PRIOR TO CONSTRUCT ON) I� N O CC N Lf) O 1.0 - - CD CD co co Lf) N 1.0 CO M 6) h N 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 725 720 715 710 705 700 695 690 685 680 STREA CULVE 725 725 720 720 PROP. GRADE 715 715 710 710 705 705 PROP. DOUBLE 12' X 8.5 / BOX CULVERT (165 LF) 700 / 700 // 695 695 142.27 LF of Double 12' X 8 5' Concrete Box Culvert i i i @ 0.06%- � EX. GRADE M INV.: 889.96 / // 690 _ 690 T INV.: 888.96 STREAM INV.: 689.86 CULVERT INV.: 688.86 685 685 P OP. 1' APPROVED FILL MATERIAL 680 co 0) 6) co 689.93 689.96 689.96 689.91 6) 6) co 680 0+00 0+50 1+00 1+50 THE PRESERVE AT FOREST CREEK • WAXHAW, NC • PERENNIAL STREAM A & WETLAND CROSS —SECTIONS EXHIBIT PN1020223 102.07.2022 I LENNAR LandDesign. PROP. SIDEWALK LEGEND AREA OF IMPACT TOTAL DEVELOPED AREA: 25.71 AC RESEARCH PARK PHASE 2 - CHARLOTTE, NC • WETLAND FW/FWW B EXHIBIT PN1020223 102.07.2022 I LENNAR PROP. S •' NETWORK MPACT IS NECESSARY AS THIS PORTION OF ROADWAY S NEEDED TO MEET FIRE -ACCESS REQUIREMENTS • / • WETLAND FW/FWW TO BE FILLED 2554 SQFT (0.059) OF IMPACT RETAINING WALL SCALE: 1 "=40 0 20' 40' 60' 100' LandDesign• WETLAND CROSS SECTION AT ROAD CENTERLINE (SCALE: 1"=80' (H) 1"=8' (V)) 745 740 735 730 725 720 715 710 705 700 695 690 WETLAND WETLAND EX GRAD E PROP. GRADE 0) O 0) 0) O O O 0) N O 0) O O 0) O N O O M M N1.0 OO OO O N N M co 0) OD 0) - O 0) N 0) OD 0) 0) O I C (0 N N h (0 co 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 7+00 745 740 735 730 725 720 715 710 705 700 695 690 THE PRESERVE AT FOREST CREEK • WAXHAW, NC • WETLAND CROSS —SECTIONS EXHIBIT PN1020223 102.07.2022 I LENNAR LandDesign. Jurisdictional Determination Information r NON -WETLAND WATERS B -625 LF 0 0.037 51.075 .1 0.15 7i70_L i 60 -750 NON -WETLAND WATERS C -557 LF NCDEQ STREAM FORM A NON -WETLAND WATERS A -2,418LF WETLAND D -0.09 AC CULVERT r rs) PROPERTY BOUNDARY STUDY LIMITS -68.78 AC USACE UPLAND FORM DP1 WETLAND FW/FWW -7.26 AC 77 D 750 .1: r-e 770 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: Greystar RESEARCH PARK PHASE 2 Mecklenburg Co., NC DELINEATION MAP For study purposes only - Subject to NCDEQ/USACE Verification Drawn By: NRN Reviewed By: ALL FIGURE 7 12/11/20 UPDATED 4/24/22 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01204 County: Mecklenburg U.S.G.S.Quad:NC-Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Grevstar Zach Spencer Address: 521 E Morehead Street,Suite 400 Charlotte,NC 28202 Telephone Number: (704)620-0836 E-mail: zach.spencer(a,2reystar.com Size(acres) 67.88 Nearest Town Charlotte Nearest Waterway Dobv Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude:35.2905 Longitude:-80.7743 Location description:The review area is located on the south side of University City Boulevard; approximately 0.1 miles west of the intersection of University City Boulevard and I-85.PINs:04739110,04708214,and 04708213.Reference review area description shown in the Jurisdictional Determination Request package entitled"Figure 1,Vicinity Map"and dated 12/07/20. Indicate Which of the Following Apply: A. Preliminary Determination e 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 12/11/2020.Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters, including wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters,including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑We recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps.The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.We strongly SAW-2021-01204 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(252)808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Bryan Roden-Reynolds at 704-510-1440 or brvan.roden-revnolds(a,u sace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 06/08/2021. 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: Philip 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Bryan Roden-Reynolds Corps Regulatory Official: 2021.06.08 08:31:53-04'00' Date of JD:06/08/2021 Expiration Date of JD:Not applicable SAW-2021-01204 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Group Daniel Kuefler Address: 10612-D Providence Road Charlotte,NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(a,wetlands-ep2.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Grevstar,Zach Spencer File Number: SAW-2021-01204 Date: 06/08/2021 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 ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑X 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.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx • 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 fmal 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 fmal 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 Shannin,Administrative Appeal Review Officer Attn:Bryan Roden-Reynolds CESAD-PDO Charlotte Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15 8430 University Executive Park Drive,Suite 615 Atlanta,Georgia 30303-8801 Charlotte,North Carolina 28262 Phone: (404)562-5137 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 opportunity to participate in all site investigations. 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 10M15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 06/08/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Greystar,Zach Spencer, 521 E Morehead Street, Suite 400,Charlotte,NC 28202 C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington District,Elan University City, SAW- 2021-01204 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side of University City Boulevard;approximately 0.1 miles west of the intersection of University City Boulevard and I-85. PINs: 04739110, 04708214,and 04708213. Reference review area description shown in the Jurisdictional Determination Request package entitled"Figure 1,Vicinity Map"and dated 12/07/20. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2905 Longitude:-80.7743 Universal Transverse Mercator: Name of nearest waterbody: Doby Creek E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: 06/08/21 Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources(i.e., which the aquatic degrees) degrees) aquatic wetland vs.non- resource"may be" resources in wetland waters) subject(i.e.,Section 404 review area or Section 10/404) (acreage and linear feet,if applicable Non-Wetland 35.2881 -80.7749 2210 feet Non-Wetland 404 Waters A Non-Wetland 35.2919 -80.7756 625 feet Non-Wetland 404 Waters B Non-Wetland 35.2894 -80.7749 300 feet Non-Wetland 404 Waters C Wetland D 35.2920 -80.7760 0.9 acre Wetland 404 Wetland FW 35.2914 -80.7733 9.5 acre Wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD,the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD(check all that apply)Checked items are included in the administrative record and are appropriately cited: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Figures 1-7 ®Data sheets prepared/submitted by or on behalf of the PJD requestor.Datasheets: ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ❑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: ®U.S.Geological Survey map(s).Cite scale&quad name: Figure 3,USGS Map (7.5-minute quadrangle Derita,NC) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4,Soil Manuscript Map (Soil Survey of Mecklenburg County Dated 1976) ❑National wetlands inventory map(s). Cite name: ❑State/local wetland inventory map(s): ®FEMA/FIRMmaps: Figure 6, Polaris 3G Floodplain (National Flood Hazard Laver) ❑100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date):Figure 1,Vicinity Map(Dated 12/07/20)and Figure 2,Aerial Map (Goo2le Earth Dated 2020) or Z Other(Name&Date): Photos 1-4(Dated 12/11/20) ❑Previous determination(s). File no. and date of response letter: MOther information(please specify): Figure 5,Parcel Map (Dated 06/03/21),Figure 7,Delineation Map (Dated 12/11/20) and Stream Reach Evaluation Form(Dated 12/11/20) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. _ Bryan Roden-Reynolds --- 2021.06.08 08:31:33 04'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 06/08/2021 impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action. a--+ L O Q C) ce v) C) .0 a) Q cn a) a) 01 c ccs c w ces a) c a) 4J c� a) Threatened & Endangered Species 1— Report i WEPG Wetlands and Environmental Planning Group Leonard S.Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Elan University City Mecklenburg County, North Carolina By: Lisa R. Gaffney Field investigation conducted December 11, 2020 & August 2, 2021 Charlotte Office: www.wetlands-cpg.corn Asheville Office: I06I2-D Providence Rd. 1070 Tunnel Rd.,Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 l en.ri nd ner@wet Ian ds-epg.ca m Elan University City - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Elan University City site (+/- 67.88 acres) is located just south of University City Boulevard, and just west of Interstate Hwy 85, in Charlotte, Mecklenburg County, North Carolina. It can be found on the Derita, NC USGS Topographic Quadrangle Map; latitude is 35.2905 N, longitude is -80.7743 W. The topography consists of moderate slopes and stream corridor with the elevation ranging from 700 to 780 ft. (Figure 1). This site is in a semi -urbanized setting. It is surrounded by residential neighborhoods and adjacent to the University City Boulevard and Interstate Hwy 85 corridors. The site features disturbed, mixed hardwood covered slopes and drainages. Figure 1: PROPERTY BOUNDARY STUDY LIMITS Athletic. Feld WCATTON Lat:35.2905 N SCALE Long: -80.7743 W 1:24,000 HUC:03040105 ACRES I f ?IROCKY I 67.88 ) -I wnnnes and Enmmnunnl Planning Group Le .rd S. Fbneree, FUG. ha..aea v,.,-Ly,e.-wg'..'^ {794i 904.2 77 rww.wetlerrda-epR,coni WE P G #00841 Prepared for: Greystar USGS QUAD Derita, NC 1993 ELAN UNIVERSITY CITY Mecklenburg Co., NC DORY CREEK USGS MAP For study purposes only - Subject to US4CE/NCDER ver5flardan • ; Epv;-' Lsrie Drawn By: 8LK Reviewed 8y' DCK FIGURE 1 11/30/20 2 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group Elan University City- Threatened/Endangered/Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https://ecos.fws.ciov/ipac/location/47YBQUTADBCBZG6FYH25LGUGZQ/resourc es was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the weeks of December 11, 2020, and August 2, 2021. Table 1 : Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish &Wildlife Service **Data search on December 11, 2020 ***Updated August 2, 2021 Group Name Status Record Status Invertebrate Carolina Heelsplitter(Lasmigona Endangered Current decorata) Vascular Plants Smooth Coneflower(Echinacea Endangered Current laevigata) Vascular Plants Schweinitz's Sunflower(Helianthus Endangered Current schweinitzii) Vascular Plants Michaux's Sumac(Rhus michauxii) Endangered Current Vertebrate Northern Lonq-Eared Bat(Mvotis Threatened Probable/Potential septentrionalis) Vertebrate Bald Eagle (Haliaeetus Protected under the Bald Current leucocephalus) and Golden Eagle Protection Act ■ ■ #00841 3 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elan University City- Threatened/Endangered/Protected Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring in Mecklenburg County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights-of-way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights-of-way, requiring abundant sunlight and little competition from other plant species. • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Four animal species with federal protection are listed as potentially occurring in Mecklenburg County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well-oxygenated water. Stable, silt- free stream beds are required for this species. Typically, stable areas occur where the stream banks are well-vegetated with trees and shrubs. • Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non- reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. WE P G 400841 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elan University City- Threatened/Endangered/Protected Species Evaluation RESULTS: This site is in a semi-urbanized setting. It is surrounded by residential neighborhoods and adjacent to the University City Boulevard and Interstate 85 corridors. It features disturbed, mixed hardwood covered slopes and drainages with Doby Creek flowing northward through the site. The entire site is covered in a mixed hardwood dominated forest with mature trees. Canopy tree species include American Elm (Ulmus americana), Willow Oak (Quercus phellos), White Oak (Q. a/ba), Sweet Gum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), Short-leaf Pine (Pinus echinata), Virginia Pine (P. virginiana), Cottonwood (Populus deltoides), and Red Maple (Acer rubra). Sub-canopy species include American Beech (Fagus grandifolia), Southern Magnolia (Magnolia grandiflora), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Corpus florida), and American Holly (Ilex opaca). Shrub species present are Chinese Privet (Ligustrum sinense), Russian Olive (E/aeagnus umbellata), Sacred Bamboo (Nandina sp.), Multiflora Rose (Rosa mu/tiflora), and Red Tips (Photinia sp.). Vines observed were Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron radicans), and Catbrier (Smilax sp.). Herbs present include Christmas Fern (Po/ystichum acrostichoides), Ebony Spleenwort (Asp/enium p/atyneuron), Panic Grass (Panicum sp.), False Nettle (Boehmeria cylindrica), Jumpseed (Tovara virginiana), Japanese Stiltgrass (Microstegium vimineum), and Knotweed (Polygonum sp.). The boundaries along the roadside corridors are planted in Fescue (Festuca sp.) turf grass and the thin transitional areas are dominated by common weedy species such as Johnson Grass (Sorghum ha/epense), Dog Fennel (Eupatorium capilifolium), Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia), Rabbit Tobacco (Gnapthalium obtusifolium), and Pokeweed (Phyto/acca americana). Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadsides and woods edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • All potential habitats for Smooth Coneflower along the roadsides and woods edges were examined, and the species was not observed. WEPG concludes Smooth Coneflower (Echinacea /aevigata) does not occur on the site. VIE P G 400841 5 Wetlands and Environmental Planning Group Elan University City- Threatened/Endangered/Protected Species Evaluation • All potential habitats for Michaux's Sumac along the roadsides and woods edges were examined, and the species was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii) does not occur on the site. • No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. WEPG concludes Bald Eagle (Haliaeetus leucocephalus) does not occur on the site. • The stream on site does not have the habitat characteristics required to support populations of the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been previously identified within this basin. WEPG concludes Carolina Heelsplitter (Lasmigona decorata) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist January 8, 2021 *Updated August 4, 2021 WEPG 400841 6 Wetlands and Environmental Planning Group Elan University City- Threatened/Endangered/Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. WE P G 400841 7 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elan University City- Threatened/Endangered/Protected Species Evaluation Figure 2: VICINITY MAP Hunteisvilie Concord / 14-9 w3 { y�4 Harrisburg d f Mt Holly 0 SITE z�, 2634 ecln-innt tij Charlotte Fain .Vylie Matthews Pineville U Indian Trailtart University City Blvd MINERAL Hobby Lot SPRI GS Z RUMBL : ' DAD ;,,. rIE. I KEp tz 'r Moe r y `Rit,� PROJECT BOUNDARY )U Lion STUDY LIMITS + AMARILLO P IRK o 43 f � 1-85 Canrret Acres: ELAN UNIVERSITY CITY Prepared for: A ■ { Grastar 67'gg Mecklenburg Co.,NC Y Wwlands and E,M,onmcnrc3 Planni mg,Group FIGURE Leonard S.wndnrr•PLLC. 2 VICINITY MAP Drawn By: Reviewed By: 12/07/20 ALL b�.r�n.incr(WwcL:nd.-. .gem Subject to USACEMCDEQ verification DCK 1.70-4:9'04-76z77 www.werlands.ape.Cam VVEPG #00841 8 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elan University City - Threatened /Endangered /Protected Species Evaluation Figure 3: USGS MAP PROPERTY BOUNDARY STUDY LIMITS LOCATION Lat: 35.2905 N SCALE Long:-80.7743 W ' 1124,000 HUC.03040105 ACRES ROCKY { 67.88 USGS QUAD Derita, NC 1993 DOBYCREEK La/lama iCb I 17Tj_.r�, e I £Dwortrr�Lane wedads aid Enrrornem.l Mamma Group Lc n t Rlndnrr. PU.C. luvnndnoirriNe tnes.eg-con. (71:419P4.2777 www.wcdmds.cm.cam Prepared For: Greystar VVEPG400841 Wetlands and Environmental Planning Group ELAN UNIVERSITY CITY Mecklenburg Co., NC USGS MAP For study purposes only - Subject to US4CE/N0DER vew7rMaHon Drawn By: BLK Reviewed By: DCK FIGURE 3 11/30/20 9 Leonard S. Rindner, PLLC. -Wm TTnivorcin, ('its' - T1 r'atini 1/Endangered/Protected Species Evaluation Figure 4: AERIAL MAP pipe �. g , el, Governor's Villa ge4 'i "\ r- - a�.pvd r. , STEM Academy v•_-- 11 , •• hbh"..„ Qj '� .a o •. Derita Mineral Unto a _ ' , Spring _ L !.iiii e' • 1...4i, r M 4z+a• •... ix S ';. ' • Reigate. 7,... • 1 L .. AMARI LLO PARK ��; ,' �r . • •� ..'404 at , k 1' , '116 �y. Cheer IetICS Northside:.� • • , ,/ ff!/ 1 Academy. ., .. .. / . �`�►. PROJECT BOUNDARY 1_.�i. - _r STUDY LIMITS _ • .s " to �' '- Orchard Trace • '-' - - i • . •;: ; . Condominiums .,• - I .81 Suite' s .� - $ Hunter Woods Nursing, -' I +� ' Aerial Imagery Provided by iii _ • " rand Rehabilitation.Center1� Google Earth 202O �4t, i emir` i 7r Mint Acres: ELAN UNIVERSITY CITY Prepared for: ► 11 +/-67.88 Mecklenburg Co.,NC raystar wcrlan6s and En�ironme xi!Pfa iiie FIGURE Leonard R.wndner,PLLC 4 AERIAL MAP Drawn By: Reviewed By: 12/07/20 ir„nndnerwraar,ds-cPa Subject to USACE/NCDEOverification ALL DCK t704.i9pH.2277 VAN.'werinnds epgcnrn VYE P G #00841 10 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elan University City - Threatened / Endangered / Protected Species Evaluation Figure 5: NRCS PUBLISHED SOIL MAP 1/ Li) r-..o 1 Z ‘."8.J i / \\ \ ` cif // ! I o^ r, Map Unit Symbol Hem— Mop Unit He Acros in AOl Porcontof ACE. ,w Ce42 Cool ea'dy clay :cam. 2 to 8 percera slopes. mode.stdy eroded 23.8 'e8.' Ce P7 Geed Weey cloy loam, 810 15 laCr[CnI slcpea. Medmomry eroded 23.o 332 [nD Falon sandy loam. 8m 75 pHarX WOOS 0.6 114, ' MO Monacan loan0 to 3 percent copes, I.eque.rtly flooded 58.1 r.\ 27 G' .•PaE Peaks! sandy loam. 151o25 portant scopes 2.5 369' r 3 Made for Ana et Memel 82.2 100.0% Werleoda and En em-anal Manoryf C+rmp Leaurd S. Radler- PLLC rcn..lndrw.y wedenib-epa.cem payaa+2277 wrret.eadvxh-.egcom Prepared for: Greystar WE P G 400841 Wetlands and Environmental Planning Group ELAN UNIVERSITY CITY Mecklenburg Co., NC SOIL MANUSCRIPT MAP Foi study purposes only -Subje t to USA CEM DE4 verifrcatron Drawn By: SLK Reviewed Ey: I DCK FIGURE 5 11/30/2" 11 Leonard S. Rindner, PLLC. L O Q C) oC v) C) u 0 v) C) oC c� T2 .6_, U Cultural Resources Report i R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200•P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706•Fax: 770-345-0707 May 16, 2022 Ms. Amber Lipsky Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews,North Carolina 28105 Subject: Findings-Limited Cultural Resources Literature Review/Field Reconnaissance Research Park Phase 2 Development Tract Charlotte-Derita, Mecklenburg County, North Carolina R.S.Webb & Associates No. 21-649-133 Dear Ms. Lipsky: BACKGROUND During 2021, R.S. Webb & Associates (RSWA) conducted a limited cultural resources literature review and field reconnaissance for the proposed Research Park Phase 2 development tract located near the Charlotte-area Derita community,in Mecklenburg County,North Carolina(Figure 1). The project area includes approximately 18.6 hectares (46 acres) located astride Doby Creek and southwest of the intersection of University City Boulevard (north) and Interstate 85 (east), in northeast Mecklenburg County. For this literature review, a"cultural resource" is defined as a discrete area of human activity that is more than 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area. METHODOLOGY Literature and Records Search:Through the State Historic Preservation Office's(SHPO)HPOWEB database, information regarding National Register of Historic Places (NRHP) properties, Mecklenburg County surveyed-only historic resources,other surveyed properties or resources,state Study List sites, and/or historic resources that have been given a determination of eligibility(DOE) was reviewed and collected. The North Carolina Office of State Archaeology (OSA) provided RSWA with information via email/electronic link regarding archeological sites located within 1.6 kilometers(km)of the project area. This information included site forms,location maps and partial or full reports. Historic county maps were viewed online through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives of North Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/, and Alab amamaps.ua.edu. Findings-Limited Cultural Resources Literature Review/Field Reconnaissance,Research Park Phase 2 Tract Page 2 May 16,2022 The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: • 1910 USDA Mecklenburg County Soil Map • 1911 Spratt and Spratt Map of Mecklenburg County • 1912 Post Office Depai ltiient Map of Mecklenburg County • 1938 and 1953 State Highway and Public Works Commission Maps of Mecklenburg County • 1952 and 1973 USGS Derita,North Carolina 7.5-minute quadrangle map • 1955 and 1978 aerial photographs of Mecklenburg County • 1983 Official Military Atlas of the Civil War(Davis et al. 1983) • 1993-2021 Google Earth aerial photography Reconnaissance Field Survey: The field reconnaissance was designed to sample areas with a high probability of containing prehistoric and/or historic resources and to record current project area conditions. The Project Archeologist walked transects across the project area landforms as shown in Figure 2. A combination of landscape scanning, surface inspection and screened shovel testing was used to search for cultural resources on selected high-probability landforms. As these landforms were walked,exposed surfaces were inspected for artifacts and other evidence of cultural resources. Exposed surfaces include, but are not limited to, clearings, road cuts, unpaved roads/trails and eroding banks. Shovel testing, typically at 30 meter (m) intervals, was used on selected high- probability landforms to monitor soil conditions and search for cultural deposits. Shovel testing involved the excavation of 30-by-30-centimeter(cm)units. Soils were screened through 0.64-cm hardware cloth and the retained material scanned for artifacts. Each test was taken to sterile subsoil/ substrate and the profile cleaned and examined. Soil colors, textures and depths of deposit were recorded in an all-weather journal. Data collected during the field reconnaissance were used to generally assess the NRHP eligibility status (i.e., probably ineligible or potentially eligible) of observed cultural resources. Current land use patterns and levels of disturbance were also noted. RESULTS Limited Literature Review Previous Archeological Investigations: According to the records provided by OSA, there has been at least four cultural resources management projects performed within 1.6 km of the project area,the closest of which took place immediately north of the current study tract (Figure 1). In 1996, the North Carolina Depaitiuent of Transportation conducted an archeological study for the Graham Street Extension (now University City Boulevard) (Glover 1996). The survey report indicates no findings within the proposed road corridor,but it states that two sites west of the current project area, Derita Mineral Spring and archeological site 31MK162, were explored at the behest of OSA. Previous Architectural Investigations:According to SHPO personnel,the North Carolina HPOWEB database is the definitive source of all architectural survey information for Gaston County. National Register of Historic Places: According to the HPOWEB and NPS databases,there are no NRHP-listed historic properties located within 1.6 km of the current study tract. Mecklenburg County Historic Resources:The HPOWEB database identifies no state study-list sites, local landmarks, or properties determined eligible for the NRHP within 1.6 km of the study tract. The database shows two Surveyed-Only historic resources within 1.6 km of the project area, the Findings-Limited Cultural Resources Literature Review/Field Reconnaissance,Research Park Phase 2 Tract Page 3 May 16,2022 closest of which is the Andrew Alexander House (MK1527), situated west of Neal Road, approximately 750 m west of the study tract(Figure 1). Recorded Archeological Sites:According to OSA-provided archeological site records,there are six recorded archeological sites located within 1.6 km of the project area. Site 31MK162 (not mapped by OSA) is a prehistoric artifact scatter site recorded in 1975 with an unknown NRHP eligbility status. This site is/was located just south of University City Boulevard about 280 m west-northwest of the current project area(Figure 1). No evidence of this site was relocated during Glover's 1996 survey for the corridor survey of this road extension. No other known archeological sites are located within 800 m of the project area. Historic Cemeteries: Historic maps and aerial photographs reviewed show no cemeteries located closer than 800 m of the project area. Structures on Historic Maps and Aerial Photographs: Maps produced during the first quarter of the 20th century show the courses of Mineral Springs Road at the south project area boundary, Doby Creek through the west part of the study tract and a road passing southeast to northwest via the project area. These roadways appear to have been sparsely populated,but buildings appeared to the northwest, southwest and southeast of the study tract (Figure 1). County highway maps produced in 1938 and 1953 indicate a similar distribution of buildings,but the road through the study tract are not depicted. The USGS and county highway maps from 1952 to 1973 show no buildings within or adjacent to the project area during this time span. Aerial photographs from 1955 and 1968 show the project area to be entirely wooded, with no obvious structure/building signatures present. The Google Earth sequence of aerials shows the project area to have been wooded from 1993 into 2021. Field Reconnaissance Land Use:Topographically, the project area is mostly a series of gentle side slopes,ridge ends and ridge spurs along Doby Creek(Figures 1 and 2). The physical nature of the project area is illustrated in Photos 1-3. Field observations confirmed that the study tract has been subjected to harsh land use practices related to initial clearing/logging,exhaustive farming,and erosion from the late 18th century into the 20th century,and by middle/late 20th to early 21st century road construction. Shovel test data from the field reconnaissance confirmed highly to moderately eroded A-horizon soils across the project area uplands. Upland soil profiles displayed 5 to 20 cm of sandy loam, sandy clay loam or clay loam plowzone over clay,sandy clay,silty clay or rocky sandy clay subsoil. Where shovel tests were excavated in dry portions of the floodplain along Doby Creek,profiles exhibited silt, silty clay and/or sand typical of hydric or formerly hydric settings. No archeological features,midden deposits or other cultural manifestations were noted during shovel testing. Archeological and Historic Resources:No archeological or historic resources were recorded during the current field reconnaissance. SUMMARY AND CONCLUSIONS Limited Literature Review:No recorded archeological sites are located within or near the study tract. The closest known archeological resource,31 MK162,is or was located about 280 m west-northwest Findings-Limited Cultural Resources Literature Review/Field Reconnaissance,Research Park Phase 2 Tract Page 4 May 16,2022 of the project area. The nearest recorded historic resource, Resource No. MK1527, is a historic dwelling located approximately 750 m west of the study tract. Twentieth to 21st century maps and aerial photographs indicate no obvious structure/building signatures within the project area. Field Reconnaissance:No archeological or historic resources were recorded during the current field reconnaissance. CLOSING COMMENTS Ms. Lipsky, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB &ASSOCIATES ki-4/7'1 //17 Robert S. (Steve)Webb President and Senior Principal Archeologist Attachment: Figures 1 and 2; Photos 1-3 REFERENCES Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press,New York. Glover, G.F. 1996 Archaeological Study: Graham Street Extension, Mecklenburg County. North Carolina Department of Transportation. Raleigh,North Carolina. Possible - i Location of 311V1K162 r ♦ Structure on Historic Maps ❑ Recorded Historic Resource • Recorded Archeological Site Map Reference: 7.5-Minute USGS Quadrangle Derita (1993), NC — Previous Cultural Resource Project --- Road on Historic Maps Scale 0 610 meters 0 2000 feet Figure 1 Project Area, Previous Project and Cultural Resources Location Map urvey i ransect:,„. - Map Reference: 7.5-Minute USGS Quadrangle Derita (1993), NC Figure 2 Survey Coverage Map Scale 0 152 meters 0 500 feet -, �17F r• -1_. to ' . —1t I J i - •i . Photo 1 -Transect 2,Facing Northwest ib{.:i Sak KY..k. - ,...,,_,,. '4,:r. '''' ' te r -ra .41,7-- s.414 , wi 5 ti �7 j r• s Photo 2-Transect 7,Facing East i „..-.1 . f..,,... ' .k.1 1.....", .•," ' , . ' .. , „ . • ', I % ... ' '-‘111 ,.' .4 1.. 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