20221675 Ver 1_ePCN Application_20221123

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
9/22/2022
BIMS # Assigned* Version#*
20221675 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Northlake Street Extension
la. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/23/2022
Nearest Body of Water
Dixon Branch
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.35906 -80.85232
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
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?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
58
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Metrolina Properties Limited Partnership
2b. Deed book and page no.:
34670-467
2c. Contact Person:
Terry Williams
2d. Address
Street Address
1341 E Morehead Street, Suite 201
Address Line 2
City
Charlotte
Postal /Zip Code
28204
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group, Inc.
4c. Address
Street Address
3805 Wrightsville Ave, Suite #15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
02507201,02507203, 02507204,02509108,
02508102, 02508103, 02508125A
2c. Project Address
Street Address
10046 Northlake Centre Parkway
Address Line 2
City
Charlotte
Postal / Zip Code
28204
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Dixon Branch
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
03050101
4. Project Description and History
2b. Property size:
- 5 ac
State / Province / Region
NC
Country
USA

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 site is located between 1-485 (to the north), NorthLake Centre Parkway (to the west), and 1-77 (to the east). Two unnamed tributaries of Dixon Branch run through the property: one
perennial channel near the western site boundary (parallel to Northlake Centre Parkway) and one perennial/intermittent channel that runs west through the center of the site. Riparian
wetlands are located adjacent to sections of the streams. Otherwise, the site is undeveloped and forested uplands. Uplands support a variety of hardwood species such as American
beech, black oak, red maple and sweetgum. Wetlands support hardwoods such as red maple, river birch, sycamore, and sweetgum. One tract that the proposed roads will provide an
alternate access point to is currently being developed.
Adjacent land use includes interstates and other roadways, multi -family development to the west, and retail (mall) to the south.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.6 acres
4g. List the total estimated linear feet of all existing streams on the property:
610 LF
4h. Explain the purpose of the proposed project: *
The purpose of the project is to provide access and utilities to proposed multi -family residential and commercial developments. Impacts to wetlands and streams are needed to install a
sewer line and roads.
The proposed street locations/alignments meet the specific USDG network street requirements of the City of Charlotte. This includes an ordinance requiring block length spacing, street
connection/driveway locations and cross section requirements.
The northern connection to Northlake Centre Parkway was located to allow separation needed from the 1-485 overpass and stays just out the existing floodway limits to the south. The
proposed connection to Northlake Centre Parkway is is the only location where all of the required parameters are met.
The new sewer alignment north of the larger crossing (Adjacent to Northlake Centre Parkway) is a requirement by CLTWater (Per Sheet 5). Because of the new street, CLTWater wanted
the sewer line to be shifted to this proposed location to keep it completely separate. The existing sewer line and easement to the south will be abandoned in place.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists of the installation of roads that will provide access to mixed -use development in the area. One road will extend east -west from Northlake Centre Parkway. Another
road will run north -south from the new road to Tisbury Road. No impacts were needed to construct Tisbury Road, as the applicant constructed a bridge to span the stream and wetlands to
access an apartment complex. The proposed roads will be 26' wide with additional space for on -site parallel parking, planter strips, and sidewalks (see Sheet 10). The roads will be
narrower at culvert locations.
Two bottomless culverts are proposed to minimize stream impacts. The crossing off of Northlake Centre Parkway will have a large bottomless culvert (+/-35' span) with CIP walls as a part
of the design and installation process. The smaller bottomless culvert to the east is located at the upper end of the existing perennial stream alignment. The adjacent apartment BMP outlet
will drain to this point to help recharge the system and will maintain current existing drainage patterns. The network street corridor will include retaining walls (CIP and modular block) to
minimize impacts to existing high quality stream corridors. To install these culverts, the contractor will level the pad and prepare the footing/foundation; place the culvert precast units and
walls for crossing area; waterproof & grout; backfill and compacting backfill; finalize finished grade related items for crossing (street, sidewalks, curb and utilities).
A sewer line will also be relocated just north of the proposed bottomless culvert off Northlake Centre Parkway within a 20' wide easement. It will be an 8" line transitioning to a 16" line,
which will go under the stream and connect to a 16" line on the opposite side of the stream. The sewer line will be installed via open -cut methods in wetlands and will be directionally bored
under the stream. Once the pipe is installed, the open -cut construction area will be regraded back to pre -construction conditions. In wetland areas, the top 6" of soil will be stockpiled and
re -applied after the pipe is installed. Vegetation within the easement area will likely be converted from forested habitat to herbaceous and maintained.
No other impacts to jurisdictional features are anticipated within properties owned by the applicant. These tracts have been delineated and are mostly uplands except in a couple of
locations near the roads where streams exist. The existing constructed southern street crossing (Tisbury Rd) connection to Northlake Centre Parkway included a full bridge design within
floodway to minimize existing impacts. This overall site development area incorporates very high development costs to avoid existing jurisdictional areas (existing and future construction).
Construction Sequencing: Sedimentation and erosion control measures will first be installed. Then the limits of disturbance will be cleared of vegetation. Accessways and utilities will be
installed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01661
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Cameron Owens
Davey Resource Group
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Bryan Roden -Reynolds with the USAGE issued the AJD on 08/18/2022. Doug Perez with NCDWR met DRG staff on site on 09/06/22 and confirmed stream limits on site.
6. Future Project Plans
6a. Is this a phased project?*
Yes • No

Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
The applicant proposes to install utilities and roads as shown in the site plan drawings. Other tracts on site will be sold to third parties and developed. No additional impacts on those tracts
are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (')
2a1 Reason (?)
2b. Impact type*(')
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1A
Road Crossing
P
Riverine Swamp Forest
W1
Yes
Both
0.101
(acres)
1B
Road Crossing
P
Riverine Swamp Forest
W1
Yes
Both
0.093
(acres)
2A
Sewer Line Installation
T
Riverine Swamp Forest
W1
Yes
Both
0.030
(acres)
2B
Sewer Line Installation
T
Riverine Swamp Forest
W1
Yes
Both
0.010
(acres)
3A
Road Crossing
P
Headwater Forest
W7
Yes
Both
0.055
(acres)
3B
Road Crossing
P
Headwater Forest
W7
Yes
Both
0.018
(acres)
2g. Total Temporary Wetland Impact
0.040
2g. Total Wetland Impact
0.307
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.267
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*
S1
Road Crossing
Permanent
Fill
UT of Dixon Branch
Intermittent
Both
7
Average (feet)
305
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
305
3i. Total stream and ditch impacts:
305
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The engineer is unable to curve the main road around the intermittent stream impacts because this would create negative driving visibility conditions
adjacent to street intersections and future development driveway locations (Intersection Sight distance complications). Two bottomless culverts will be
used to span streams and the sewer line will be directionally bored under a stream.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Two bottomless culverts will be used to minimize stream impacts and the sewer line will be directionally bored under a stream. A sediment & erosion
control permit and a stormwater permit will be obtained prior to site construction.

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 No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Wildlands Catawba UMB- Firestone & Double Rock Mitigation Sites
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Stream
3c. Comments
Quantity:
610
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature:
(Wear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4e. Riparian wetland mitigation requested:
(acres)
0.574
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
The applicant is proposing a 2:1 mitigation to impact ratio for the permanent wetland impacts at Impact #1 and #3 (0.267 ac) and a 1:1 ratio for the
temporary riparian wetland impacts at Impacts #2A & 2B (0.04 ac). These wetlands will be restored back to wetland grade but will be converted from
forested habitat to a maintained easement.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Site is located within a portion of the Catawba River Basin without State riparian buffer rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes 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
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:
The engineer is submitting the Public Street CD's for permitting review by the end of November. Stormwater plans for the adjacent commercial and residential developments have already
been submitted or will be submitted in December or January. Permits for all projects are expected to be received by mid 2023.
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.
The project will provide a roads and utilities to adjacent tracts. However, no additional impacts to jurisdictional features within these adjacent tracts are
anticipated. Sedimentation & erosion control plans and stormwater plans will be implemented to minimize impacts to downstream waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The project will tie into municipal wastewater treatment system.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several
species were identified as potentially occurring the region. The site is forested and may provide suitable habitat for the tri-colored bat, which has recently
been listed as Proposed Endangered. The site does not appear to provide suitable habitat for any other federally listed species.
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
66. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the known presence of cultural or historic resources.
No resources are identified within the site. The McAuley Farm is located north of the site (MK1305). However, the website notes that both houses within
the area have been moved and are no longer there.
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:
The engineer has designed the main access road to be outside of the 100-yr floodplain.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Website.
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 drag and drop files here to attach document
Northlake Attachments.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
7.71MB
• 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:
Kim Williams
Signature
Date
11/23/2022

DAVEYI-,
Resource Group
November 23, 2022
TO: US Army Corps of Engineers NC Division of Water Resources
Charlotte Field Office Mooresville Regional Office
RE: Northlake Street Extension; Mecklenburg County, NC
NWP 14/58 Application
Action ID# SAW-2022-01661
To Whom It May Concern:
On behalf of Metrolina Properties Limited Partnership, Davey Resource Group, Inc. (DRG) is pleased
to submit a Pre -Construction Notification form and associated attachments for the Northlake Street
Extension project, located off Northlake Centre Parkway in Charlotte, NC. The purpose of the project
is to provide access and utilities to proposed multi -family residential and commercial development.
Impacts to wetlands and streams are needed to install roads. CLTWater is also requiring the applicant
to relocate an existing sewer line, which will temporarily impact wetlands. The applicant plans to use
bottomless culverts at two locations to minimize stream impacts from the road. Additionally, the
sewer line will be directionally bored under a stream.
Permanent impacts to 0.05 acre of stream (305 LF) and 0.267 acre of wetlands are needed for the
road crossing. Additionally, temporary impacts to 0.04 acre of wetlands are needed to install the
sewer line. These areas will be restored back to grade and but will be converted from forested habitat
to a maintained easement. To mitigate for the impacts, the applicant proposes purchasing credits
from the Wildlands UMB for the stream impacts and the NC DMS for the wetland impacts.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

NORTHLAKE STREET EXTENSION
Mecklenburg County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
3.0 SITE PLAN DRAWINGS
Sheet 1. Existing Conditions
Sheet 2. Proposed Impact Areas
Sheet 3. Impact Area #1
Sheet 4. Bottomless Culvert 1 Profiles
Sheet 5. Temporary Impact Area #2
Sheet 6. Sewer Jack and Bore Profile
Sheet 7. Area 3 (No Impacts)
Sheet 8. Bottomless Culvert 2 Profiles
Sheet 9.Overall Site Plan Development
Sheet 10. Street Cross Sections
4.0 APPROVED JURISDICTIONAL DETERMINATION
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
6.0 MITIGATION CREDIT AVAILABILITY LETTERS

1.0 AGENT AUTHORIZATION FORM

DAVEY#-.
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the NorthLake Street Extension project located in Charlotte, NC (Mecklenburg County). All
questions regarding this project should be directed to Davey Resource Group.
Sincerely, AA 1t t
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Applicant
Print Name
Date
Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 9 Wilmington, NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph

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3.0 SITE PLAN DRAWINGS
Sheet 1. Existing Conditions
Sheet 2. Proposed Impact Areas
Sheet 3. Impact Area #1
Sheet 4. Bottomless Culvert 1 Profiles
Sheet 5. Temporary Impact Area #2
Sheet 6. Sewer Jack and Bore Profile
Sheet 7. Area 3 (No Impacts)
Sheet 8. Bottomless Culvert 2 Profiles
Sheet 9.Overall Site Plan Development
Sheet 10. Street Cross Sections

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4.0 APPROVED JURISDICTIONAL DETERMINATION

SAW-2022-01661
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01661 County: Mecklenburg U.S.G.S. Quad: NC-Derita
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Metrolina Properties Limited Partners
Terry Williams
Address: 1341 E. Morehead Street, Suite 201
Charlotte, NC 28204
Telephone Number: 704-344-1866
E-mail: twilliams(&withrowcapital.com
Size (acres) —86 Nearest Town Charlotte
Nearest Waterway Long Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.361371
Longitude:-80.849004
Location description: The review area is located on the east and west sides of Northlake Centre Parkway; approximately 0.5
miles north of the intersection of Northlake Centre Parkway and NC-24. PINs: 02507201, 02507203, 2507204,02509108,
02508102. 02508103. 02508125. 02508112. and 02508124. Reference review area descrintion shown in the Jurisdictional
Determination Request package entitled "
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2022-01661
❑X The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/29/2022. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 08/18/2022.
D. Remarks: Stormwater BMPs SWI and SW2 were constructed as stormwater control features and
have no connection to downstream jurisdictional waters. Ephemerals EGI-EG7 were erosional, lacked
Ordinary High Water Marks, and scored below 19 on the NCDWQ Stream Identification Forms and
therefore are considered non -jurisdictional.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 10/17/2022.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

SAW-2022-01661
Corps Regulatory Official:
Date of JD: 08/18/2022 Expiration Date of JD: 08/17/2027
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hiips://re ug lator,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Agent: Davey Resource Group
Matthew Ruppert
Address: 3805 Wrightsville Ave
Wilmington, NC 28403
Telephone Number: 910-386-3337
E-mail: matthew.ruppert()davey.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
1W REQUEST FOR APPEAL
Applicant: Metrolina Properties Limited Partners,
File Number: SAW-2022-01661
Date: 08/18/2022
Terry Williams
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

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

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 08/18/2022
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Mills North Lake, SAW-2022-01661
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located on the east and west sides of Northlake Centre
Parkway; approximately 0.5 miles north of the intersection of Northlake Centre Parkway and NC-24. PINs: 02507201, 02507203,
2507204,02509108, 02508102, 02508103, 02508125, 02508112, and 02508124. Reference review area description shown in the Jurisdictional
Determination Request package entitled "
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.361371 , Long.-80.849004
Universal Transverse Mercator:
Name of nearest waterbody: Long Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03050101
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 08/17/22
® Field Determination. Date(s): 09/12/22
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area.
[Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
❑TNW s, including territorial seas
❑ Wetlands adjacent to TNWs
❑X Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs
❑Non-RPWs that flow directly or indirectly into TNWs
❑X Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
El Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 2,350 linear feet, wide, and/or acres.
Wetlands: 2.3 acres.
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g.,
typically 3 months).
Page 1 of 7 Form Version 10 June 2020

c. Limits (boundaries) of jurisdiction based on: Established OHWM
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):'
❑X Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:
Stormwater BMPs SWI and SW2 were constructed as stormwater control features and have no
connection to downstream jurisdictional waters. Ephemerals EGI-EG7 were erosional, lacked
Ordinary High Water Marks, and scored below 19 on the NCDWQ Stream Identification Forms and
therefore are considered non -jurisdictional.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section
I LAA and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILAA and 2 and Section
III.D.1.; otherwise, see Section HLB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent'
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine
whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters"
(RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland
that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to
Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA
regions will include in the record any available information that documents the existence of a significant nexus between a relatively
permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant
nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider
the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes,
the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent
wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IILBA for the tributary, Section III.B.2 for any
onsite wetlands, and Section HLB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a
significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 1,508,875 acres
Drainage area: 1.14 square miles
Average annual rainfall: 40-45 inches
Average annual snowfall: 0-4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
El Tributary flows directly into TNW.
❑X Tributary flows through 2 tributaries before entering TNW.
s Supporting documentation is presented in Section III.F.
4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
Page 2 of 7 Form Version 10 June 2020

Project waters are 5-10 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 5-10 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: All project waters are contained within North Carolina
Identify flow route to TNWS: unnamed tributary to Dixon Creek which flows in Long Creek
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑X Natural
El Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 6 feet
Average depth: 3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑X Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑X Muck
❑ Bedrock ❑ Vegetation. Type/% cover -
El Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: stable
Presence of run/riffle/pool complexes. Explain: riffle/pool complexes present
Tributary geometry: Meandering
Tributary gradient (approximate average slope): 2%
(c) Flow:
Tributary provides for. Intermittent but not seasonal now
Estimate average number of flow events in review area/year 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is: Discrete. Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑X Bed and banks
❑X OHWM6(check all indicators that apply):
❑ clear, natural line impressed on the bank ❑ the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑X vegetation matted down, bent, or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away
❑ sediment deposition
❑ water staining
❑ other (list):
❑ scour
❑ multiple observed or predicted flow events
❑ abrupt change in plant community
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow
over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Page 3 of 7 Form Version 10 June 2020

'Ibid.
El Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
El physical markings/characteristics El vegetation lines/changes in vegetation types.
El tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain:
water is clear
Identify specific pollutants, if known: unknown
(iv) Biological Characteristics. Channel supports (check all that apply):
❑Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑X Habitat for:
El Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑X Aquatic/wildlife diversity. Explain findings: amphibians and reptiles
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Choose an item. Explain:
Surface flow is: Choose an item.
Characteristics:
Subsurface flow: Choose an item.. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
El Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
El Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Choose an item. river miles from TNW.
Project waters are Choose an item. aerial (straight) miles from TNW.
Flow is from: Choose an item..
Estimate approximate location of wetland as within the Choose an item. floodplain.
Page 4 of 7 Form Version 10 June 2020

(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics;
etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
El Federally Listed species. Explain findings:
❑Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain fmdings:
❑ Aquatic/wildlife diversity. Explain fmdings:
Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 7
Approximately 2.3 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N)
Size (in acres)
Directly abuts? (Y/N)
Size (in acres)
Wetland WI (Y)
1.22
Wetland W2 (Y)
0.07
Wetland W3 (Y)
0.19
Wetland W4 (Y)
0.11
Wetland W5 (Y)
0.13
Wetland W6 (Y)
0.41
Wetland W7 (Y)
0.18
Summarize overall biological, chemical and physical functions being performed:
LF SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any
wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW.
For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more
than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when
evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and
its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine
significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a
tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of
significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in
the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to
reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other
species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological
integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below:
1. Significant nexus fmdings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings
of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus fmdings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs.
Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands,
then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain fmdings of presence or
absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD:
Page 5 of 7 Form Version 10 June 2020

D. DETERDIINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
❑X Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is
perennial: Streams S1-S3 have the geomorphology, hydrology, and biological indicators consistent with perennial streams in the
Piedmont ecoregion of North Carolina
❑X Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data
supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows seasonally: Streams IS1-IS4
have the geomorphology, hydrology, and biological indicators consistent with intermittent streams in the Piedmont ecoregion of
North Carolina
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑X Tributary waters: 2,350 linear feet wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs1 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is
jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
0 Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary
is perennial in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands Wl and
W2 abut perennial Stream Sl. Wetlands W3, W4, and W5 abuts offsite perennial streams.
0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal
in Section IILB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Wetland W6 abuts intermittent Stream IS2 and Wetland W7 abuts intermittent Stream IS3
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is
provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is
provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters?
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
Page 6 of 7 Form Version 10 June 2020

As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
El Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland
Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory
Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑X Other: (explain, if not covered above): Stormwater BMPs SWI and SW2 were constructed as stormwater control
features and have no connection to downstream jurisdictional waters. Ephemerals EGI-EG7 were
erosional, lacked Ordinary High Water Marks and scored below 19 on the NCDWQ Stream Identification
Forms and therefore are considered non -jurisdictional.
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e.,
presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all
that apply):
❑X Non -wetland waters (i.e., rivers, streams):1,390 linear feet, wide.
❑Lakes/ponds: acres.
❑X Other non -wetland waters: 0.3 acres. List type of aquatic resource: Stormwater BMPS SW 1 and SW2 are man-made stormwater control
features.
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a
finding is required for jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
1Vrior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review
consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Page 7 of 7 Form Version 10 June 2020

SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and
requested, appropriately reference sources below):
❑X Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 1-6
❑X Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑X Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
❑X U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, Topographic Map (7.5-minute quadrangle Derita, NC)
❑X USDA Natural Resources Conservation Service Soil Survey. Citation: Figure 4, Soils Map (`J'eb Soil Survey of Mecklenburg County)
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑X Photographs: ❑X Aerial (Name & Date): Figure 1, Vicinity Map 9Dated 07/06/22), Figure 3, LiDAR (Dated 07/06/22), Figure 6
Current Aerial (Dated 07/06/22)
Or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter -
El Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑X Other information (please specify): Figure 5,1998 Infrared Map (Dated 07/06/22)
B. ADDITIONAL COMMENTS TO SUPPORT JD: Stormwater BMPs SWI and SW2 were constructed as
stormwater control features and have no connection to downstream jurisdictional waters. Ephemerals
EGI-EG7 were erosional, lacked Ordinary High Water Marks and scored below 19 on the NCDWQ
Stream Identification Forms and therefore are considered non -jurisdictional.
Page 1 of 1 Form Version 10 June 2020

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5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
November 14, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Northlake ; DRGNCW22.100
Dear Kim Williams:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
041011 dD73['LOYA
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0015380
Project Name: North Street Extension
e x
hSai k 4YYFJiYJft
+cfln7i�
i�
November 14, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

11/14/2022
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands

11/14/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

11/14/2022
KA
Project Summary
Project Code: 2023-0015380
Project Name: North Street Extension
Project Type: Commercial Development
Project Description: Stream crossing for a res/com development in Mecklenburg co.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.35794985,-80.84900675675397,14z
akj,ndo,orm ?,�
}
4
NOV h
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Counties: Mecklenburg County, North Carolina

11/14/2022 3
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473

11/14/2022
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

11/14/2022
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

11/14/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.

11/14/2022
NAME
BREEDING
SEASON
Kentucky Warbler Oporornis formosus
Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 20
and Alaska.
Prairie Warbler Dendroica discolor
Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea
Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.

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3
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
BNon-BCCald Eagle T+ ++++ ++++ +'++ Vulnerable ��� ���■ ■��� ���� ■■■■ ■■Or ++++ ++0+
Chimney Swift I I I I I I I I I I �111 1111 1111 II�' �111 1111 11�� 1 1 I I 1 BCC Rangewide
(CON) l 1l l l 11
Eastern Whip -Poor -
will I I I I + I ++++ +++ Il ++++ ++�
BCC Rangewide `EEN Ed
(CON)
Kentucky Warbler
BCC Rangewide T�TT I + I ++++ +++I I I I I 1 I d�ii
(CON)

11/14/2022 4
Prairie Warbler ++TT ++++ �+$$ ++,+ ++++ I I I I
BCC Rangewide TT
(CON) --
Prothonotary ++++
Warbler +� I � � � � � � � � I I � � � I I I I- IIII + I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
BCC Rangewide
(CON) +
Red-headed�1y*+++++ ++++
Woodpecker TTTT 1o,1
BCC Rangewide
(CON)
Rusty Blackbird ++ ++++ ++++ ++++ ++++ ++++ ++++ +++* ++++ N+,+
BCC -BCR T
Wood Thrush I I I I I ++ ++++ ++++ BCC Rangewide ++++ ++++ ++++ ' ' + ++++ +■++
(CON) ___ ____ ____ M
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding.
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as

11/14/2022
5
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.

11/14/2022
H.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

11/14/2022
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• Riverine
FRESHWATER FORESTED/SHRUB WETLAND
• Palustrine

11/14/2022
IPaC User Contact Information
Agency:
Davey Resource Group
Name:
John Perry
Address:
3805 Wrightsville Ave #15
City:
Wilmington
State:
NC
Zip:
28403
Email
[e-mail]
Phone:
9107872352

6.0 MITIGATION CREDIT AVAILABILITY LETTERS

HOLDINGSOO
Catawba Stream Credits Statement of Availability
November 16, 2022
Metrolina Properties Limited Partnership
Attn: Terry Williams
1341 E. Morehead St, Suite 201
Charlotte, NC 28204
RE: Availability of Stream Credits for the "Northlake Street Extension" project
Bank Name: Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double
Rock Mitigation Site
Bank Sites: Firestone Mitigation Site / Double Rock Mitigation Site
Bank Sponsor: Wildlands Holdings VI, LLC
USACE Action ID No.: SAW-2020-01534/ SAW-2020-01532
Permittee: Metrolina Properties Limited Partnership
Stream Credits Needed: 610.00 LF (warm)
Stream Credits Available: 1466.26 LF (warm)
Catawba 03050101 River Basin
Dear Mr. Williams,
Wildlands Holdings VI, LLC, owned and operated by Wildlands Engineering, Inc., currently has sufficient stream
credits from the Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock
Mitigation Site to satisfy the stream mitigation requirements related to the above -mentioned project. The
project is located within the Catawba River Basin of the service area (HUC 03050101) of the Bank.
This letter is simply a statement of availability of credits as of the date written. We have the inventory as shown
above, however, this letter is not a guarantee of availability as credits will be sold on a first come, first serve
basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the
credits and price quoted for a period of 30-days from the invoice.
Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification and
Authorization Certificate from the NC Department of Environmental Quality -Division of Water Resources
approving the Stream mitigation purchase from the Bank and upon receipt of your payment to Wildlands
Holdings VI, LLC (depending on availability at the time of permit issuance). We will then issue a credit transfer
certificate verifying your credit purchase to the North Carolina Division of Water Resources and to you for your
records.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-
7754 x114 or [e-mail] if you have any questions or need any additional information.
Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

HWILDLANDSoOO
Sincerely,
Camden M. Brunick
Wildlands Engineering, Inc.
Mitigation Credit Sales
[e-mail]
0: [phone] ext. 114
M: [phone]
Cc: Mr. Steven Kichefski, Regulatory Agent I USACE
Ms. Kim Williams, Project Manager I Davey Resource Group, Inc
Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Terry Williams
Metrolina Properties Limited Partnership
Charlotte, NC 28204
Project: Northlake Street Extension
NORTH CAROLINA
Environmental Quality
November 16, 2022
Expiration of Acceptance: 5/16/2023
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-di it HUC
Impact Type
Impact Quantity
Catawba
03050101
Riparian Wetland
0.308
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
At�dj"��
FOR James. B Stanfill
Deputy Director
cc: Kim Williams, agent
w North Caraltna Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street l 1652 Mail Service Center I Raleigh. North Carolina 27699-1652
47� �ri �rji AaM�r,.i.s r
Depa�urtent of emsmnme�i Rye 919,707.8976